Elections Bill
Tuesday 7th September 2021
(3 years, 3 months ago)
Commons ChamberRead Full debate Elections Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
18:59 - The House divided: - Ayes: 230 / Noes: 329 - Question accordingly negatived.
19:14 - The House divided: - Ayes: 327 / Noes: 228 - Question accordingly agreed to.
Madam Deputy Speaker (Dame Rosie Winterton)
I must inform the House that the reasoned amendment in the name of the Leader of the Opposition has been selected. I also want to add that I will only call people who have put in to speak and who are here at the beginning of the debate. They will be expected to be here for the wind-ups as well.
The Minister for the Constitution and Devolution (Chloe Smith)
I beg to move, That the Bill be now read a Second time.
I look forward to a thorough and thoughtful debate across the House. Indeed, our work in Parliament is a key pillar of our democracy, a democracy that is underpinned by free and fair elections. Like many public services across the UK, our electoral services have not been untouched by the pandemic. Earlier this year, we faced unprecedented challenges in delivering the most complex combination of polls in memory during a pandemic. Many suggested we should postpone the elections for a second time, but I was not willing to deprive people of the chance to have their say without having done everything in our power to try. That was why the Government provided an additional £32 million of funding, sourced over 5,000 volunteers to support electoral teams and took creative steps to ensure that people could cast their vote. I am proud of the ingenuity and determination displayed by so many to ensure that our citizens were able to exercise their democratic rights. That is no less than I would expect, given the passion and capability of what is often a small number of election staff in our local authorities, to whom I pay tribute today. We cannot take them, or the system, for granted.
We are the stewards of a fantastic democratic heritage. We committed in our manifesto to secure the integrity of elections, restore constitutional balance and defend our democracy against increasingly sophisticated threats. This Bill keeps our elections secure, fair, transparent and up to date. Part 1 of the Bill is about getting the basics of our elections right by updating the security and integrity of the ballot. That is why it introduces new measures that will stamp out the potential for voter fraud from our elections. There are some who suggest that this is not a problem, but I would like to disagree.
Interlinked types of fraudulent criminality are a very real threat to the integrity of our elections. Clear evidence of this was seen at the 2014 election scandal in Tower Hamlets, where the mayoral contest was declared void due to corrupt and illegal practices. The judgment in the case and the witnesses who spoke at the trial tell a story of harm and fraud that struck at an entire community and fatally undermined democracy. Recalling crowds harassing voters, one witness reported:
“I got into conversation with an elderly lady who was frightened to go in and vote and said that she had decided not to vote as a result of the intimidation.”
Another witness described her experience of having her vote stolen by a campaigner for a candidate she did not support. She recalled:
“They came to me and took my signature and then took the blank ballot paper from me. I normally go to the polling station. I told them I was used to doing it myself and didn’t understand why it was different this year.”
Crucially, although it is much harder to identify and prosecute, we know that personation was also one of the corrupt and illegal practices that took place in Tower Hamlets. The Electoral Commission has noted that
“the majority of people in communities affected by electoral fraud are victims rather than offenders.”
This is unacceptable. Why should criminals get two votes, or even more, and their victims lose their voices?
Catherine West (Hornsey and Wood Green) (Lab)
Would the Minister accept that, while some of these measures might be necessary, we have only a 30% turnout in some of our elections and this could make turnout even lower due to the added bureaucracy and the added information that people will need to provide in order to cast their ballot?
Chloe Smith
I am pleased the hon. Lady has made that point so early in the debate. I join her, as I want everyone here to do, in welcoming turnout and in wanting to raise registration and participation in our elections.
I will more precisely address the points that the hon. Lady understandably makes because, no, I do not think these measures will damage turnout. The point is that the vulnerabilities in our system let people down. The 2016 report on electoral fraud by Sir Eric Pickles, now Lord Pickles, leading international election observers and the Electoral Commission all agree that those vulnerabilities are a security risk. As the noble Lord Pickles said,
“our well-respected democracy is at threat from unscrupulous people intent on subverting the will of the electorate”.
We must do our utmost to guard against that, and we must have measures in place to discourage and prevent it.
Part 1 of the Bill therefore introduces what many would consider to be an obvious requirement—the requirement to prove that the vote a person is casting that day is theirs and theirs alone.
Anna McMorrin (Cardiff North) (Lab)
Does the Minister agree that voter ID is actually voter suppression, and that this Bill misses an opportunity for real engagement in not giving 16 and 17-year-olds the opportunity to vote? Does she agree that this is the perfect time to do that?
Chloe Smith
The short answer is no, no and no, and I am happy to explain why. I am sure we will get on to this in the debate, but the point about voter identification is that it is not voter suppression or voter disenfranchisement, which is a word we occasionally hear thrown around. In fact, I look forward to Labour Members explaining why their reasoned amendment suggests that people will be removed from the franchise for general elections. Where in the Bill is the clause that does that? They will not find it, of course, because it is not there. The Bill does not do that, and we should be careful with the words we choose to use, such as “voter suppression” and “disenfranchisement.”
We already have an election check, but the check is so outdated and unfit for purpose that many have forgotten it. People already identify themselves when they go to the polling station, but it is a Victorian test of saying their name and address. The world has moved on, and we need to move with it. Showing photo identification is a reasonable and proportionate way to confirm that a person is who they say they are. Many people would question why it is not already the case.
Alex Sobel (Leeds North West) (Lab/Co-op)
A pensioner can bring their bus pass as identification, but the Bill disproportionately disadvantages young people who cannot bring their student card or university or college identification. Will those young people not be disproportionately affected, and should we not expand the range of identification that is recognised by the Bill, as a minimum?
Chloe Smith
I am delighted that the hon. Gentleman is getting into the detail of what is actually being proposed, which is excellent. He makes the important point that schedule 1 has a widespread and broad-based list of identification. In fact, 98% of the population hold those forms of ID.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
These proposals were trialled in 2019, and during that trial 2,000 people were turned away for not having the correct form of identification. Of those 2,000, 700 did not return to vote. Whether it is voter suppression is a question of semantics, but it is hardly encouragement, is it?
Chloe Smith
Under this Bill, as is clear in the impact assessment and the associated documents, there will be a widespread public communication campaign to ensure awareness so that people know what to bring with them to the polling station, which is only right. That is exactly what we would expect, because we want people to be able to take part in our elections.
Mrs Maria Miller (Basingstoke) (Con)
The Minister is making an excellent speech introducing the Bill. There is another side to this issue, as pointed out by the Electoral Commission’s research showing that two in three people would feel much more confident in the security of our voting system if there were voter ID. Surely that has to be taken into consideration by those who have been intervening.
Chloe Smith
My right hon. Friend makes my next point for me, and she is right. It is important that we think about what will increase confidence in our elections, and I would love the message to go out loud and clear from the Chamber today, and from the reporting and discourse on this Bill, that we all want participation and we want to talk up our election system rather than talking it down.
I understand there are genuine concerns about this change and our plans to implement it, which is why I have met many organisations that represent voters from different backgrounds to understand what challenges it may present. I will continue to listen and to benefit from their wisdom.
Joanna Cherry (Edinburgh South West) (SNP)
I was concerned to hear the Minister imply that concerns about voter suppression are somehow party political. Does she accept that the cross-party Joint Committee on Human Rights, of which I am a member, found that the
“introduction of a voter ID requirement may have a discriminatory impact on certain groups with protected characteristics who are less likely to hold…photo ID, including older people and people with disabilities”?
Inclusion Scotland backs up that concern. Given that cross-party finding, what plans do the Government have to mitigate any discriminatory impacts on these groups?
Chloe Smith
It might not have been the intention of the hon. and learned Lady to assist me in making this case, but she does because she allows me to make the critical point that this scheme is underpinned by a free local voter card. I have already mentioned that 98% of people already hold the identification that will be asked for by the scheme. For those who do not, we are making sure there is the free alternative of a local voter card.
Alec Shelbrooke (Elmet and Rothwell) (Con)
When we cut through the noise, is it not true that the Organisation for Security and Co-operation in Europe said that we cannot have definite security in our elections if we do not have photo ID? Is it also not the case that we are being asked to continue a practice that puts us outside international standards?
Chloe Smith
That is exactly the case. Indeed, countries around the world already operate this system with ease, and not only other countries. This policy is already successfully and easily operated inside our own United Kingdom, and we need to learn from the Northern Ireland experience.
Ronnie Cowan (Inverclyde) (SNP)
The Minister alludes to Northern Ireland, which already has this in place. What analysis, if any, have the Government made of the situation in Northern Ireland? Can she tell me that the scheme has not had a negative impact on voter turnout in Northern Ireland? What analysis has there been, and by whom?
Chloe Smith
There is a considerable evidence base on what has happened in Northern Ireland, and the Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker), would be only too happy to respond further to that point later in the debate. Both he and I are happy to say that there is not a clear direct link between turnout and this scheme, because turnout can be influenced by lots of different factors. The hon. Member for Inverclyde (Ronnie Cowan) will accept that, especially when he thinks about how much turnout he would like in a future referendum, for example.
We need to put in place a scheme that commands confidence, that aids people’s confidence in elections and that will not be discriminatory. In answer to the hon. and learned Member for Edinburgh South West (Joanna Cherry), the work we have done through our pilots, modelling and analysis, through the Northern Ireland experience and through working with organisations shows us we can be sure that, with the free local voter card, there will be an opportunity for everybody who is eligible to vote to continue to do so. That is fundamental to the concerns that have been expressed.
John Redwood (Wokingham) (Con)
I am pleased that the Minister is taking fraud seriously and has come forward with sensible proposals. Is it not the case that, in a world of mass fraud, we are all getting used to having to provide ID and digital identification? Is it not the case that many employees, including Members of Parliament, need a photo pass even to go to work?
Chloe Smith
I will make two points on that. The first is that we show identification in everyday life, and reasonably and proportionately so. For example, we show it when we pick up a parcel or apply for a range of other services. Let me give a word of reassurance to my right hon. Friend and to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who is sitting behind him: what we have with this scheme is not a form of ID database, beyond, of course, that which is already there in the electoral registers. I offer that reassurance in response to an alternative argument that may come out in today’s debate compared with what we often hear from the left.
I am surprised that I need to use the words of a former Labour Government to say this, but I cannot do it plainer than this. When they introduced this policy in Northern Ireland in 2003, they said:
“If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]
The Electoral Commission also states:
“Since the introduction of photo ID in Northern Ireland there have been no reported cases of personation. Voters’ confidence that elections are well-run in Northern Ireland is consistently higher than in Great Britain, and there are virtually no allegations of electoral fraud at polling stations”.
Let me make some progress and set out what else is in this wide-ranging Bill. I must stress that it is not just in-person electoral fraud that this part of the Bill will combat, and that is important because criminals use all kinds of corrupt behaviour together, as we saw in Tower Hamlets and, sadly, elsewhere. Voting by post or by proxy are essential tools for supporting voters to exercise their rights, and they must remain available options for voters who may not wish to, or cannot, vote at a polling station. So this Bill also introduces sensible safeguards against the abuse of postal and proxy voting.
Mark Fletcher (Bolsover) (Con)
Does the Minister agree that often the victims of postal vote harvesting are those who come from many of the groups that the hon. and learned Member for Edinburgh South West (Joanna Cherry) mentioned, including those who do not have English as a first language, and that this is a good protection for them and for our democratic process?
Chloe Smith
I fear that that may be right. I know that my hon. Friend and others have experience, for example at council level, where they may have seen this happening at first hand. Today, I want to allow a Bill to make progress that will give confidence that a person’s vote is theirs alone, and that is vital. Did we not see that before when we introduced individual electoral registration? Voices were saying that it, too, would never work, but did we not see that it was about reducing the influence of the head of the household on who was allowed to register? That is an important point to remember.
The part of the Bill on postal and proxy voting includes new limits on the number of postal votes that may be handed in by any one individual, and a limit of four on the total number of electors for whom a person may act as a proxy. In order to tackle “vote harvesting”, the Bill is also making it an offence for political campaigners to handle postal votes issued to others, unless they are family members or carers of the voter.
Of course, stealing someone’s vote is not always done by personation or by taking someone’s ballot physically. As I mentioned, an equally sinister method that we have seen is people using intimidation, or pressuring people to cast their vote in a certain way or not to vote at all. That is known in the law as “undue influence”. The existing legislation on undue influence, which, again, originated in the 19th century, is difficult to interpret and enforce, so we are providing greater clarity, ensuring that there can be no doubt that it is an offence to intimidate, deceive, or cause harm to electors in order to influence their vote.
I have touched on the ways in which the Bill will combat the silencing of democratic voices by those seeking to influence or steal an individual’s vote, and I will now touch upon more ways in which the Bill will empower our citizens.
Geraint Davies (Swansea West) (Lab/Co-op)
The Minister will be aware that loud claims of personation were made by the Trump campaign in the United States, which were completely without any basis or evidence, and which led to an assault on the Capitol building in Washington that suspended democracy itself. Does she think that as a Minister she should be promulgating an evidence-free claim that personation is a widespread problem that needs solving, with the cost being to deny millions of people their vote?
Chloe Smith
Does the hon. Gentleman, as an experienced Member of this House, think he should be promulgating such nonsense? I do not think so.
One of the truest pillars of our democracy is the trust that we place in our citizens’ choices and the respect we give their decision. While we make voting in elections more secure, we also want to ensure that voters who may still require additional support to navigate that system, such as those with disabilities, have that support. This is why we are introducing key changes from our call for evidence on access to elections, extending the requirements on returning officers to support a wider range of voters with disabilities and extending the definition of who can act as a “companion” to anyone aged 18 or over.
In the same spirit, looking a little further afield, part 2 of the Bill will ensure that the voices of British citizens across the world can be heard, and their vote taken into account on matters that do affect them, by removing the 15-year limit on voting rights of British citizens living abroad.
Bambos Charalambous (Enfield, Southgate) (Lab)
On people with disabilities, clause 8 talks about people who are blind and about
“such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote”.
Blind people still find it difficult to have this access through existing legislation. Does the Minister not consider that that measure actually weakens the provision that blind people have? Will she meet the Royal National Institute of Blind People and listen to its views, because it has serious concerns about the clause?
Chloe Smith
I am pleased that the hon. Gentleman makes that point, because I know a number of hon. Members care about it, and rightly so. I can reassure him and everybody here today that I have been working with the RNIB for months and indeed years to make the improvements we need to the system for allowing blind and partially sighted voters to cast their vote. In answer to his specific question, I do not think that the measures in this Bill weaken that support; I think they strengthen it, by ensuring that a wider range of voters with disabilities—or, should I say, a wider range of disabilities—may be properly supported at the polling station. That is important, as we would not wish some to be unsupported by a phrasing in legislation that is now outdated and overly narrow—that is what our reform seeks to tackle.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
On the Minister’s point about empowering citizens, she will be aware of reforms in Wales and Scotland whereby any legal citizen, no matter their nationality, can vote in our respective parliamentary elections and local elections. This Bill seems to be limiting the ability of European nationals to vote in local elections in England and in Westminster elections. Why is Westminster going on a totally different path from Wales and Scotland?
Chloe Smith
I am grateful that the hon. Gentleman has raised that point, because there are two things to be said. The first, which I shall come to shortly in my remarks, is about how we are updating the franchise to reflect the position of EU citizens. The other important thing, which is worth making clear at this juncture, is that parts of the devolution settlements apply to electoral policy and so it is important to be clear that in this Bill we are looking at measures that will apply UK-wide—a full analysis is available, of course, in the Bill documents. That means we will have consistency at parliamentary elections, but a natural consequence of devolution is that there may be differences at other levels. I think we would both accept that and seek to work to make those arrangements a success for voters who may experience both sets of arrangements and for the hard-working election staff who may administer both sets.
As I have completed my remarks on overseas electors, I shall carry on moving through the Bill. At this point, I wish to address the Liberal Democrats’ reasoned amendment. It may come as little surprise that, regrettably, they take two opposite positions in one amendment: on the one hand they would like British citizens to participate more—indeed, that was their manifesto position—and on the other hand they do not. The official policy of the Liberal Democrats is to support votes for life, and the policy paper that they published in July 2019 said:
“There is no reason why”
expats
“should be treated any differently to those who continue to live in the UK.”
I agree. The Bill puts in place tougher measures against foreign interference and foreign money, but overseas British citizens are just that—British—and are therefore able both to vote and to donate. There is a long-standing principle, originally recommended by the Committee on Standards in Public Life in 1998, that permissible donors are those on the UK electoral register.
Mr Carmichael
The Minister references the Committee on Standards in Public Life; why has she not included in the Bill any of the Committee’s recommendations on campaign finance?
Chloe Smith
I shall come to campaign finance shortly, but is that all the right hon. Gentleman has to say on overseas voters?
Let me turn to the voting rights of EU citizens, an important subject that has been asked about. Part 2 of the Bill updates the voting and candidacy rights of EU citizens who reside in the UK and moves to a more reciprocal model that fits our new arrangements. We stand by our commitments to those EU citizens who were resident here before our exit from the EU, so any EU citizen who was a resident before the end of the transition period on 31 December 2020 and has legal immigration status will retain their voting and candidacy rights. That goes beyond our obligations under the withdrawal agreement. For EU citizens who have moved to the UK following our EU exit, local voting and candidacy rights will be granted on the basis of bilateral agreements with the individual EU member states that will reciprocate arrangements for British citizens who live there.
We all want to make progress this afternoon, so let me move on as fast I can through the rest of the Bill. I have set out the ways in which the Bill will bolster the security of our elections; let me move on to the enforcement of electoral law. A critical part of our electoral system is and must continue to be effective, independent regulation, and the Electoral Commission has a vital role to play. Lord Pickles found that the
“current system of oversight of the Electoral Commission—by the Speaker’s Committee on the Electoral Commission—does not provide an effective third-party check on its performance”,
so we think it is right for Parliament to have an increased role. The Bill will introduce a strategy and policy statement that will provide guidance to which the commission will have to have regard in the discharge of its functions. It will be subject to statutory consultation, parliamentary approval and regular review.
We will also improve the parliamentary structures that hold the regulator to account. The Speaker’s Committee on the Electoral Commission currently has a limited remit; the Bill will therefore give it the additional power to examine the commission’s compliance with its duty to have regard to the strategy and policy statement. That will allow Parliament to better scrutinise the work of the commission. Together, the reforms will facilitate parliamentary scrutiny of the Electoral Commission’s work while respecting its independence.
It is a shame that Her Majesty’s Opposition’s reasoned amendment misrepresents scrutiny by Parliament and misunderstands—or again wilfully misrepresents the fact—that the commission remains governed, in law, by its commissioners. We are also clarifying that the Electoral Commission should not bring prosecutions, and that prosecutions should remain with the existing prosecution authorities.
Let me move on to political finance, which right hon. and hon. Members have mentioned. We already have a comprehensive regulatory framework for campaigning that is rooted in the principles of fairness, transparency and the importance of a level playing field. We want to ensure that our electoral law continues to uphold those principles, which is why part 4 of the Bill will update and strengthen our political finance laws to restrict all third-party spending to UK-based entities and eligible overseas electors; to increase transparency around third-party campaigning at elections and the registration of new political parties; and to prohibit parties and campaigners from unfairly expanding their spending limits. The Bill will ensure that campaign spending can come only from sources that have a genuine and legitimate interest in UK elections, by restricting all third-party spending to UK-based entities and registered overseas electors, above a £700 minimum threshold.
On the regulation of third-party campaigners, it is right that those who campaign at elections and seek to influence voters are subject to transparency requirements and rules that maintain a level playing field. Those principles already apply. The Bill seeks to balance the burden of regulation, relative to the level of campaign spending, with the importance of a thriving and diverse public debate.
The Bill will not change the definition of what constitutes controlled expenditure for a third-party campaigner. The Electoral Commission already provides guidance, developed with third-party groups, on what constitutes such expenditure. To ensure that any other legitimate categories of third party that may emerge in future are not significantly restricted in their ability to campaign, a power will be given to the Secretary of State to amend the list of legal entities eligible to register as campaigners under section 88(2) of the Political Parties, Elections and Referendums Act 2000. Any change to that list made via a statutory instrument will be subject to the affirmative procedure and therefore subject to parliamentary scrutiny in both Houses. The Opposition amendment is simply wrong: the last time I checked, democratic parliamentary procedure on an SI is not “unilateral” change by a Secretary of State.
Catherine West
The Minister talks about third-party involvement in our elections. Is she satisfied that the proposed legislation complies with the recommendations from the Russia report from last summer?
Chloe Smith
Yes, I am. What we are doing in the Bill, as I have already explained, is moving undue foreign influence out of our politics. We are doing that with this new category of campaign regulation that we are introducing. I have just referred to it and it includes an above £700 minimum threshold. It ensures that campaign spending can come only from sources that have a genuine and legitimate interest in UK elections.
Chloe Smith
The hon. Lady shakes her head, but that is what it does, and that is important.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
We discussed this matter in Westminster Hall back in 2019. As one of my colleagues reminded us, in 2019, the Conservative party received £400,000, with one donation coming from the household of a former Russian Minister under Vladimir Putin eight months after the Salisbury poisonings. There was also money from a personal friend of the President of Syria, Bashar al-Assad. Does the Minister not agree that this does not go far enough to stop this happening again?
Chloe Smith
I have three points. First, this Bill does the right thing, as I have just explained. Secondly, the Conservative party does the right thing with regard to our donations, as I am happy to explain and defend at any time. Thirdly, I am already having to pass through so many pages in my briefing to find the bit about the SNP because there are quite a few points about how it handles its donations as well. I do think it is important that a person gets their house in order before they accuse others.
Let me move on to the important matter of notional expenditure. We are talking here about measures that will deliver better transparency for voters and candidates. I am sure that many in this House will welcome the clarification of the law on notional expenditure that is included in the Bill, which will ensure that candidates and their agents can continue to conduct full campaigns without the fear, as found by the Public Administration and Constitutional Affairs Committee,
“of falling foul of the law through no fault of their own”
and inadvertently causing candidates to exceed their spending limits.
I will go on now to the new electoral sanction of intimidation. A free choice for voters means that anyone entitled to stand as a candidate must feel able to do so. Without a broad range of candidates for voters to choose from, we diminish representation in this country. I am sad to see a rising number of incidents of people trying to exclude others from the debate through violent or illegal behaviour. Voters do not expect violence in our elections. People should not be fearful of expressing their views or standing up in public service. That is why the Bill introduces an additional sanction that will bar an individual found guilty of intimidating a candidate, campaigner or elected representative from running or holding office for five years on top of their sentence.
Chloe Smith
If the hon. and learned Lady would like to come in at this point I will give way, but I think that that may be one of the last interventions that I take because I need to make some progress.
Joanna Cherry
I am just concerned that the hon. Lady has moved on from dealing with part 4, which deals with regulation of expenditure, before answering the question put by the right hon. Member for Orkney and Shetland (Mr Carmichael), which is: what will the Government do about the recommendations made by the Committee on Standards in Public Life? The Committee published a very full report after a year of work on 7 July suggesting a number of recommendations—I think that it is 47 practical steps to modernise and streamline the way in which donations and spending are reported regularly to then enforce. Will she tell us which if any of those recommendations she will bring forward as Government amendments.
Madam Deputy Speaker (Dame Rosie Winterton)
Let me gently remind colleagues that the Minister has been on her feet now for 33 minutes. I know that many colleagues want to contribute, so I am anxious that we make some progress.
Chloe Smith
Thank you very much, Madam Deputy Speaker, I shall try to be as quick as I can in concluding my remarks.
The answer to the hon. and learned Lady is that, first, we will be responding in full to what the CSPL said. There are some very good points and ideas in there that we are already able to deliver through the Bill, such as diminishing the extent of foreign influence through political finance in our system. There is also much more that has been drawn out over many years by other bodies. I am talking about the Select Committees here, Members of the Lords, the Association of Electoral Administrators and many, many others. There is a lot of discussion and debate about how we should keep our electoral system safe. I am proud to introduce a Bill that does the most important and pressing of those, and which will have the overall effect of keeping our elections safe, modern, transparent, fair and inclusive.
Part 6 of the Bill introduces a new digital imprints regime, which will be one of the most comprehensive in the world. I think that Members on both sides of the House will welcome that, because we all agree that voters all, rightly, want to know who is talking. The Bill will require digital campaigning material to display a digital imprint explicitly showing who is behind it—all year round and wherever they may be in the world. This provision will deliver on recommendations made by many to improve public trust and confidence in digital campaigns at future elections and referendums.
David Morris (Morecambe and Lunesdale) (Con)
Would this measure translate to websites fronted by political activists masquerading as members of the public concerned about a different cause?
Chloe Smith
Political and election material will be included. I look forward to discussing the finer details as we work through the Bill. It is incredibly important that we have that transparency so that voters can make their choice as they think best.
Before I close, I need to deal with the Labour party’s amendment and its position—or, should I say, its many positions? It is a mystery to me why the Labour party seems to think that identification is good enough for its own members, but not for the British electorate. One person, one vote: it is a really simple formula. Why would anybody believe that criminals should get two? This is not what we ought to believe. Why does the Labour amendment say that the Bill restricts the general election franchise? I do not think that the hon. Member for Lancaster and Fleetwood (Cat Smith) will be able to explain why, because it does no such thing. Why would the Labour party be doing this? Because it has its own murky interests in making it up and misrepresenting the Bill. Perhaps the other parties—
Catherine West
On a point of order, Madam Deputy Speaker. Until this point, the debate was going quite well, but that allegation is a disgrace. I ask you to withdraw it, Minister. Everyone in this Chamber works very hard in elections and it is in everyone’s interests to have elections that are well run and well respected. That kind of insult makes people denigrate our democracy, which we fight day in, day out to protect, and which we cherish—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. The point of order should be addressed to me, rather than to the Minister. I can assure the hon. Lady that if anything had been said that was disorderly, I would have advised the Minister that it was disorderly.
Chloe Smith
Thank you for your guidance, Madam Deputy Speaker.
I do hope that the other parties who supported today’s amendment have those high standards to which we all aspire. They will be able to judge clearly where they see politicking at play. I also hope that the House can judge that as clearly as was set out in the judgment of the Tower Hamlets case, which stated that the convicted perpetrators
“spent a great deal of time accusing their opponents…of ‘dividing the community’ but, if anyone was ‘dividing the community’, it was they.”
The judge went on to say,
“The real losers in this case are the citizens”.
As I have set out, the Government’s vision for UK democracy is a system that is secure, fair, modern, inclusive and transparent. We have a strong history; a robust constitution; a model of democracy that is copied around the world; a thriving tradition of campaigning and passionate public participation; and the highest standards of security, fairness and transparency.
The improvements in the Bill will raise confidence even further in our elections. They are reasonable, proportionate and carefully planned measures that command support and come from common sense. I commend the Bill to the House.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
As colleagues will see, a number of Members would like to speak, so we will start with a time limit of six minutes.
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move,
That this House declines to give a second reading to the Elections Bill, notwithstanding the need for legislation around digital imprints and some accessibility improvements for disabled voters which do not go far enough, because it infringes on the right of expression of the electorate by allowing the Secretary of State to unilaterally modify and select which groups are allowed to campaign during an election period, creates unnecessary barriers to entry for voting, makes the Electoral Commission subordinate to the executive, would serve to restrict the franchise and thereby reduce the overall number of people able to participate in any future UK General Election and does not make provision for the UK Parliament to match the devolved nations in Scotland and Wales by extending the right to vote to 16 and 17 year olds and other disenfranchised groups.
It is a pleasure to speak in today’s debate. Let me begin by quoting: the law governing elections is “voluminous”, “fragmented” and “extremely complex”, with some provisions
“dating back to the 19th century”.
I used that quote from the Law Commission’s 2016 report back in 2016, when I first became Labour’s shadow spokesperson for elections, a role that I still hold. Since 2016, it is like nothing has happened. The Government did not make any changes on the back of those recommendations, and the Elections Bill continues to make absolutely no progress on them or on the recommendations of many reports that have been published since. In fact, over the past decade the Government have failed to take any action to modernise our electoral laws or to close the loopholes that allow foreign money to flood into our democracy; this Bill actually makes that threat far greater and does not reduce it at all. I think the reason is very clear and those of us on the Opposition Benches have seen right through it: it is because these laws will lead to benefits for the Conservative party. In the Bill we have before us, the Government have not reached out for cross-party consensus as is typical for a Bill of this type which massively changes electoral law and deals with constitutional matters. It would be normal to see a Speaker’s Committee put together before such massive changes were brought forward. There has been no attempt by the Government to reach out for a cross-party consensus on a matter as important as our elections and our democracy.
This Bill is a huge missed opportunity to modernise our electoral law to bring it into the 21st century and try to encourage people to participate in our democracy. Indeed, our democracy is stronger when more people take part in it. In this Bill we see that the leaders would like to choose the voters. I believe that the voters should choose the leaders of their country, yet the flagship part of this Bill is very much about the leaders of this country choosing who are the voters.
Mr David Davis (Haltemprice and Howden) (Con)
I am a known critic of this Bill, but I will say to the hon. Lady that when I served through over a decade of Labour Government, they did not once consult the Opposition when they changed electoral law—not once.
Cat Smith
For years now, I have stood opposite the Minister responsible for the constitution and we have talked about many ways of improving our democracy. I had hoped that this Bill would contain some of the many topics that we have discussed across the Dispatch Box and in Committee, to expand the franchise to make it more inclusive. That might include spending the £120 million that will be spent on the electoral ID system to encourage registration to make sure that the millions missing from our electoral roll are included, making it easier for homeless people to register to vote—but no, none of that is included in this Bill, which would in fact serve to reverse decades of progress. I draw attention to the recent changes made by the Welsh Labour Government to expand the franchise to 16 and 17-year-olds.
Some of the Conservative Members here today should consider the implications of this Bill for their constituents whose votes they perhaps relied on to get into this House, and how difficult it is for so many people in this country to have access to ID, because it is expensive—£80-odd for a passport and £43 for a driving licence. This is a paywall to the ballot box.
Mark Fletcher
The Minister set out in her opening remarks that 98% of people have access to appropriate ID already and that a free alternative will be available from councils, so I am a little baffled by the argument that the hon. Lady is making.
Cat Smith
Is the hon. Member saying that 2% of his electorate should not have access to democracy? That appears to be what he is saying. Yes, 98% of people might well have valid ID, but 2% of the entire UK electorate is a very large number of people. In fact, to use the Government’s statistics, 3.5 million people do not have access to valid photo ID. It seems that one arm of the Government does not quite know what the other arm of the Government is doing. The Cabinet Office is saying that it is fine and everyone has access to ID, but the DCMS is saying that we cannot have ID requirements for access to social media sites because not everybody has ID. It seems they say one thing from one Department and another thing from another Department.
The reality is that requirements for ID discriminate against some groups more than others. Concerns have been raised from across the House and from charities and campaigning organisations that disabled people, older people, younger people and people without the spare cash to buy that passport or driving licence are going to be disenfranchised.
Ms Karen Buck (Westminster North) (Lab)
Does my hon. Friend agree that there is no such thing as a free service? If local councils are indeed going to be providing voter ID, it will be at public expense. The £120 million that is due to be spent on that could be better spent on voter registration and boosting turnout rather than a disproportionate attempt to control the voting of a minority of people.
Cat Smith
My hon. Friend is exactly right. In fact, the Bill contains no details about how local authorities are going to roll out this so-called voter ID, which, as she points out, is not free: it will cost the taxpayer money. This is an expensive waste of taxpayers’ money trying to look for a problem to solve.
We know fine well that voter ID will be an additional barrier for voters. It will be an additional barrier even for the voters that have the relevant ID, because they have to remember to take it with them. We are all Members of Parliament—we all go out and campaign—and we know fine well that sometimes on a wet and rainy Thursday it is awfully difficult to get voters down to the polling station. We should be making sure that our elections take place on public holidays. We should be exploring the idea of weekend voting. We should be looking at ways of modernising our democracy for the 21st century. This Elections Bill does nothing to modernise and everything to put barriers up to participation. The 160 pages of this Bill were written during a global pandemic. At a time when our doctors and nurses were in our hospitals wearing bin bags because of a lack of personal protection equipment, this Government were drawing up legislation to put barriers up to democracy, wasting taxpayers’ money on expensive policies designed to benefit the Conservative party.
Jonathan Edwards
I am extremely grateful to the hon. Member for giving way. Does she agree that it is important not just to look at the Bill in isolation? When we add it to things such as the boundary review and the scrapping of the Fixed-term Parliaments Act 2011, those of us who are cynically minded see a plan to skew the next election.
Cat Smith
The hon. Member is absolutely right: this Bill cannot be seen in isolation. Indeed, the Dissolution and Calling of Parliament Bill is before the House currently and allows the Government to decide when an election is held. The Police, Crime, Sentencing and Courts Bill restricts the right to protest. We have to see the Elections Bill in the round and recognise that pieces of legislation are coming one after another. It shows that this Government are scared of transparency and scared of accountability.
Frankly, in the time of a pandemic, it is disappointing that the Government are spending time to restrict democracy and not making sure that we have the support we need for our young people to recover or that we are dealing with the crisis in adult social care. There is so much more that this Government should be getting on with doing, but instead we have this 160-page Bill that restricts democracy and rigs elections in favour of the Conservative party, and it is an absolute disgrace.
Turning to the voter ID part of the legislation, the pilots that took place in 2019 were in just 10 local authority areas in England. This is a UK-wide policy; that is not a reasonable look at the country. The type of voter ID that the Government wish to bring in was trialled in only one of those 10 areas: only in Woking has it been trialled. The Government have the idea of rolling out a policy that could disenfranchise 3.5 million people having only piloted it in Woking. They have the confidence to think it will work across the whole United Kingdom. I believe it is reckless and disenfranchising.
Several hon. Members rose—
Alec Shelbrooke
I am most grateful to the hon. Lady; she is always extremely generous. Does she completely disregard the recommendations of the OSCE that identification at ballots is an important part of the security of the ballot? That is an internationally recommended part of the electoral process. Does she completely dismiss that recommendation?
Cat Smith
It is a pleasure to see the right hon. Member in his place, and it is always a pleasure to debate these issues with him in very many forums. The OSCE recommendations are designed to give broad brushstrokes around the global issues of democracy. It is true that some countries require ID at polling stations, but they are countries with a national ID card. We do not have a national ID card in this country. It is not part of our culture and I would certainly oppose it, were it proposed. In fact, I believe that the Prime Minister said that if he were ever asked to produce an ID card, he would eat it. I think there is probably consensus that we are not seeking a national ID card, which is why it is so surprising that this piece of legislation requires ID to exercise the basic fundamental human right of voting in a democratic country.
Several hon. Members rose—
Cat Smith
This is my final point on this, and then I will give way. There is currently a case before the Supreme Court, brought by Mr Neil Coughlan, who is challenging the legality of the pilot trials. That case is not due to be heard until 15 February next year. If the judge makes any rulings from which we could learn something, it will be too late for this piece of legislation. I suggest to the Government that their attempts to rush this Bill through before we hear from the Supreme Court is reckless.
There is nothing in the Bill about how local authorities are meant to be administering the ID. Frankly, Ministers are living in an alternative reality, where they seem to believe that people are constantly trying to impersonate their neighbours to steal a single vote. I just think that is utterly bizarre. There have been four cases of voter impersonation fraud in the past 10 years. That is from 243 million votes cast. To put that in context, someone is more likely to be struck by lightning three times.
Mr Steve Baker (Wycombe) (Con)
I take it that the hon. Member is referring to successful prosecutions, but one of the problems is that people are not prosecuted when they ought to be. I made a speech on 19 December 2019—I am sure she has pored over every word of it—in which I pointed out that election officials in Wycombe are not holding people to account even they are walking into a polling station repeatedly in comedy disguises, doing things like changing their glasses, changing their hat, putting sunglasses on, wearing a different coat or whatever. They are not being prosecuted, and that is the problem.
Cat Smith
It appears to be all happening in Wycombe. I believe that I was there for the hon. Gentleman’s speech, and I know he takes a keen interest in this issue, so he will know well that where there are widespread examples of voter personation, which is a serious crime, it should be tackled. That is why the law is different in Northern Ireland, where there was a culture of organised crime and gangs stealing hundreds of votes through personation at polling stations; that was legislated against. There is no evidence of that in England, Scotland and Wales, so legislation is not needed. Where there are examples of voter personation, it is right and proper that it is tackled, but as there are not such examples, the Bill is just legislation that puts up another barrier to legitimate voters’ ability to vote.
In the voter trial areas, which were in just a handful of local authorities, we know that 700 voters at local elections who were turned away did not return to use their vote. Given the tiny numbers of accusations of voter personation and the huge numbers of people who were turned away because they did not have ID, we know that the Bill will disproportionately disenfranchise legitimate voters.
Anthony Browne (South Cambridgeshire) (Con)
Thank you for your generosity and time. You said clearly that you think the proposal to introduce voter ID is an attempt to rig elections. Is that why the Labour party requires voter ID to vote in local party gatherings and has a long history of that? Have you attempted to rig your own elections?
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Really, the hon. Gentleman is experienced enough to know that he should not use the word “you”, which refers to me.
Cat Smith
I reassure the hon. Member that I have been a member of the Labour party since 2004—a relatively active member—and I have never been asked to show ID at any meetings. Even if I was asked, I would say that political parties are membership organisations—we know that members are often expelled from political parties, as it often hits the headlines—but the right to vote in elections in a democracy is a fundamental human right. That is slightly different from being a member of a political party.
Wera Hobhouse (Bath) (LD)
Is the hon. Member as concerned as I am that comparisons from other countries show that voter ID requirements disproportionately affect voters from ethnic minority backgrounds?
Cat Smith
The hon. Lady makes a good point and is absolutely right. Studies from the United States show that voters from black and Hispanic backgrounds are disproportionally affected by requirements to show ID. Indeed, there are many similarities between the repressive voter suppression laws in some US states and this legislation. I believe that in Texas a voter can show their gun licence to vote but they cannot show a student ID, and in the Bill student ID is not a valid piece of identification but a bus pass is valid. It seems that one type of ID is more valuable than another, and it seems that the type of person likely to hold that ID is very much considered when drawing up the acceptable list.
I turn to changes to the regulation of the Electoral Commission, which seem to be political interference in the regulation of our elections. There is no doubt that the Government’s setting the strategy and policy document for the Electoral Commission is a dangerous precedent. When we look to similar democracies such as Canada, New Zealand, and Australia, we see a complete separation between Government and their electoral commissions. Indeed, at this morning’s meeting of the Public Administration and Constitutional Affairs Committee, Helen Mountfield, QC, a barrister at Matrix chambers, said that the Bill arguably breaches international law and that the removal of the Electoral Commission’s independence is “legally problematic” and breaches the UK’s constitutional standards. To be blunt, we would not allow, say, an arsonist to decide the fire brigade’s strategy and policy direction, and we certainly would not let shoplifters decide the police’s strategy and policy direction. It therefore seems a little bit odd that when it comes to regulating political parties, some parties—those in government—seem to have an awful lot of power to decide the strategy and policy direction of that.
On the Speaker’s Committee on the Electoral Commission, this is a Committee that already has an in-built Government majority, and the legislation seeks to strengthen and increase that majority. If we saw this happening in any other democracy around the world, I do not think we would sit back and say that that looked okay. It does not look okay—it does not pass the sniff test—and that bit needs to be changed.
The Bill is riddled with cheap attempts to dodge scrutiny. That seems to be the theme that runs throughout this legislation. In a free and open democracy, democratically elected Governments are scrutinised by opposition parties and civil society. That is part of what makes democracy healthy, and the freedom for civil society to do this and to hold those in power to account is the sign of a strong democracy. This Bill is an attack on some parties more than others, and I would say that the attack on the trade unions—the 6 million people who are members of trade unions—is an attack on all working people’s rights to campaign for fair pay at work and health and safety in the workplace, and it is actually an attack on the people who have got our country through the pandemic.
Rachael Maskell (York Central) (Lab/Co-op)
I am really grateful to my hon. Friend for giving way because this piece of legislation is alienating civil society. In particular, charities are really concerned about the measures in this Bill because it is going to have a chilling effect on their campaigning, but most of all push them into having bureaucratic reporting processes. Does she agree that these parts of the Bill need removing?
Cat Smith
I agree entirely. Trade unions are already incredibly heavily regulated, and charities will feel stifled and gagged by the legislation before us.
Finally, I want to turn to what the Government are calling the so-called votes for life section of the Bill. Indeed, if we wish to expand the franchise, I would very much support the Government if they wanted to extend the franchise to 16 and 17-year-olds. However, it appears that, at one fell swoop, we seem to be advancing more rights to people who do not live in this country than to people who do live in this country.
There is nothing in this Bill that actually helps overseas electors get their ballots back in time. One of the complaints I have heard most from overseas electors is that they do not get their ballot papers in time and cannot get them returned to the UK in time for their votes to count. There is nothing in this Bill that explores the many different options of using modern technology to speed up this process to make sure that overseas electors currently registered under current legislation can actually use their vote. Instead, the motivation behind the change to remove the 15-year limit is about creating a loophole in donation law, and it will give rich Conservative donors unlimited access to our democracy in allowing them to bankroll the Tory party.
I look forward to the Committee stage of this Bill, and I cannot wait to get into the detail of the clauses in Committee with the Minister, but I shall finish by saying that I do believe this Bill tarnishes our democracy. It is an opportunity missed—an opportunity to modernise our electoral law, put it into one piece of legislation and make it fit for the 21sst century, and to use £120 million to encourage voter participation instead of putting up barriers. The Labour party will therefore be voting against this legislation today. I hope that all Members in this House will consider the implications for their own constituents, and I commend the reasoned amendment in my name and the names of others.
Mr David Davis (Haltemprice and Howden) (Con)
Let me start with a comment relating to the question the hon. Member for Lancaster and Fleetwood (Cat Smith) raised about the duty on Governments to be more than fair when they are dealing with electoral legislation. Governments should not, even by accident, put in place electoral legislation that advantages themselves over their opponents. However, I do have to say to her that the most egregious example of that was under Gordon Brown, and the more sanctimonious the Minister, the worse the outcome sometimes. It is incumbent on us to make sure that we do not even accidentally disadvantage the other side in elections.
I want to focus on just one thing today, which is the issue of voter ID. The very fact that the phrase has “ID” in it will tell everybody I am against it—they understand that—but it is not for the conventional reasons. This is not an ID system with a database behind it; it is just an ID card that people have to present. Our country has over the centuries been different from other countries: we do not allow our policemen to come up to people and say, “Can I see your papers, please?” It is important to maintain that distinction between the citizen and the state, particularly when we are talking about the fundamental rights of the individual, such as the right to vote.
The Government quite rightly claim that voter fraud undermines our democracy—the battle on that has already occurred to some extent—but the primary voter fraud has been in postal votes, not in personation. We all know how it has occurred in communities up and down the country, and we should deal with it ruthlessly and prosecute. I say to my hon. Friend the Member for Wycombe (Mr Baker), who used to serve with me as a Minister in the Brexit Department, that the answer to his question is that the prosecution should happen in his constituency. That is what should happen, but let us be clear: since 2014 only three prosecutions have occurred. There have been 30-odd allegations but only three prosecutions, and that is out of many tens of millions of votes cast. So there have been 30-odd allegations, three prosecutions and zero election outcomes influenced; that is what we must bear in mind.
On the back of that, Ministers will want to introduce mandatory voter identification. It is an illiberal solution—unsurprisingly coming from the Cabinet Office, as that is what it always thinks up—in search of a non-existent problem. [Interruption.] I have at least some support on my side of the House.
The Government’s own research found that those with disabilities, the unemployed, people without qualifications, people who had never voted before and ethnic minorities were all less likely to hold any form of ID; those are the sorts of groups we are talking about. In two groups—the over-85s and the disabled—between 5% and 10% had no photo ID. The Joint Committee on Human Rights has warned that the introduction of voter ID may have a discriminatory effect on those groups and other protected groups, and the trial referred to by the Liberal spokesman, the right hon. Member for Orkney and Shetland (Mr Carmichael), when 700 people did not vote as a result of photo ID being required, took place in a set of areas where the numbers of people in these groups were very low; it was basically the southern English test area, not central Bradford or wherever.
This is very serious. We are talking about quite a significant fraction of our population. There are 2 million people in the groups I have described who will have to be met by some ID system, and that must be balanced against three voter convictions. That is the problem we are facing.
Craig Mackinlay (South Thanet) (Con)
Has my right hon. Friend looked at schedule 1, which contains a very broad list of valid means of identification? I would be very surprised if anybody in the country today did not have one of them, and my right hon. Friend also knows that there is the provision of free ID from the local council.
Mr Davis
The point I would make is that I am quoting from Government research. I did not do this research; it is Government research. By the way, since my hon. Friend draws me to Government research, Lord Pickles, a real old pal of mine, did a study on this. I have read it and, to summarise, the conclusion was, “I can find no evidence of personation but that doesn’t mean it isn’t happening, and of course even if it isn’t happening now it might well happen in the future.” It is the precautionary principle gone mad in the centre of our constitution.
The Government answer, as we have heard several times, is free photographic ID. Nevertheless, the Government’s own research again found that about 42% of people without the ID would not take it up. That is really very serious. These groups are going to be disenfranchised because they do not take it up, and they will turn up at the polling station and find that they are unable to vote. This is in pursuit of three convictions.
Stephen Kinnock (Aberavon) (Lab)
The right hon. Gentleman is making an excellent speech thoroughly destroying the Government case for voter ID. Would he care to hazard a guess as to why the Government are pursuing this policy?
Mr Davis
This is where I differ from the hon. Gentleman. I think that the Government are trying to do their best. I do not think that this is a deliberate action, but I think that the pressure on the Government—[Interruption.] The hon. Gentleman laughs, but listen: I lived through a Labour Government deliberately gerrymandering the system, frankly, so I do not want to take any lectures on that. I think that the Government are trying to do their best. They have the wrong idea in pursuit of a problem that does not exist, but they are nevertheless trying to do their best. But there is a greater—
Geraint Davies
On a point of order, Madam Deputy Speaker. There is no evidence of gerrymandering. That is outrageous.
Madam Deputy Speaker (Dame Rosie Winterton)
That is not a point of order. I really do not want the debate interrupted by points of order that are actually points of debate.
Mr David Davis
I will take another day to give lectures on points of order.
The simple truth is that there is a greater responsibility on the Government than on anyone else to do the right thing and to avoid errors working to their own advantage. That is what I am arguing here today. This voter ID scheme is an illiberal idea in pursuit of a non-existent problem, and that is what we need to address. We need to get rid of it, and that is what I will seek to do on Report.
Brendan O’Hara (Argyll and Bute) (SNP)
Fundamentally, this Bill is an attack on democracy that will disenfranchise millions, entrench more powers with the Executive, and remove the power of the Electoral Commission to scrutinise. Like many others, I urge Members not to look at the Bill in isolation but to view it in the wider context of the other legislation going through the House at the moment with respect to the Fixed-term Parliaments Act 2011, citizens’ right to peacefully protest, and even the proposed privatisation of Channel 4. That paints a very bleak picture for our democracy.
When the Bill first appeared, in the Queen’s Speech earlier this year, the headline-grabbing proposal was voter ID, whereby photographic evidence would be required before an individual was allowed to cast their vote. However, as we have heard from many others this afternoon, voter fraud at polling stations barely reaches the height of minuscule, and the evidence that we have heard from those on the Government Benches has been based on personal anecdote. We have to ask: what is the problem they are seeking to solve?
Seeing a Government introduce such radical policy changes without a shred of evidence to support those changes sets alarm bells ringing among those of us who believe that every Government should be trying to remove barriers that prevent participation in the democratic process, rather than raising them.
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
My hon. Friend is making a powerful point about not taking the Bill in isolation and looking at the cumulative effect. Does he agree that it is definitive of a Government that have lost any confidence in their ability to outrun their outrageous false claims, their untruths and their broken promises that they have to bring this measure in to try to gerrymander the system?
Brendan O'Hara
I could not agree more, and I will elaborate on that as I go through my speech.
In all the debate and discussion that have followed the Queen’s Speech in May, the Government have had ample opportunity to produce the evidence that these proposals are a proportionate measure to deal with an identified problem, and they have not. The reason they have not is that there is absolutely no evidence for them to produce. As one leading, albeit unelected, Scottish politician recently said:
“They can’t cite any evidence of it because I don’t think there’s any evidence to cite. In terms of this particular part of the Queen’s Speech, I think it’s total bollocks, and I think it’s trying to give a solution to a problem that doesn’t exist, and that makes it politics as performance.”
It is not often that I agree with the former Scottish Conservative leader, Baroness Davidson, or whatever her title is at the moment, but on this occasion she was absolutely spot on.
In the absence of any evidence that voter ID is the answer to an identified problem, we can only conclude that, for the Conservative party, the problem is not folk turning up at polling stations without photographic ID, but that certain folk turn up at polling stations at all.
Alec Shelbrooke
May I ask the hon. Gentleman the same question I asked the hon. Member for Lancaster and Fleetwood (Cat Smith)? Does he disregard the recommendations of the OSCE?
Brendan O’Hara
I do not regard any findings of the OSCE, but what I think is important in this place, looking at UK-wide elections, is that we have a measure that works for United Kingdom general elections, and this is one that absolutely does not. The right hon. Gentleman says we should be reinventing the wheel and starting from scratch. There is a debate to be had, but the imposition of this kind of voter ID now is absolute nonsense and there is no evidence whatever to justify it. This is, therefore, actually a ploy to stop people going to the polling station in the first place. I believe it really is as crude as that. The Government plan appears to have been to conjure up a demon, convince people that that demon is posing a threat to them, and then allow themselves to introduce draconian and totally disproportionate measures to slay the demon they have just invented.
The fatal flaw in that argument is that there never was a demon. No matter how the Government have tried to spin this, people know that there never was a demon and that there is nothing to see. Now, the United Kingdom Government stand accused of a sleazy attempt to gerrymander the register for their own electoral gain.
Tom Randall (Gedling) (Con)
In his judgment on the election in Tower Hamlets, Richard Mawrey QC said there was an appreciable amount of personation by false registration in Tower Hamlets. I wonder if the hon. Gentleman has read that judgment.
Brendan O'Hara
I would say gently to the hon. Gentleman on the Tower Hamlets issue, which I believe went back to 2014, that to change an entire voting system on what went on in one particular London borough—the anecdotal evidence I have heard is that it was more to do with postal voting than personation. This measure is to do with personation, which has been proven not to be a problem.
This is an utterly reprehensible proposal that would be more at home in Donald Trump’s Republican party than in the United Kingdom. What is more important and more chilling is the brazen way in which the Government are doing it. They seem not to care. We always know it will not be the well-heeled and the affluent middle classes who will struggle to produce a passport, or a driving licence. We know and they know it will be the young, the poor, the marginalised and the minority communities who do not have a passport or do not drive, who will struggle to manage to collect a voter ID card. They will be affected by this registration.
The Government know that there are already between 2 million and 3 million people who do not have that ID. They also know that there are about 9 million people not registered. I think they should be spending an awful lot more time getting people on to the register than organising to take people off that register.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Would these be the same young people who have to show photo ID to get into a bar, a nightclub or a pub every Saturday night?
Brendan O'Hara
If the right hon. Gentleman wishes to reduce this debate to that level, he is perfectly welcome so to do, but this is about a fundamental right for people to exercise their democratic right to vote. I urge him to take it a bit more seriously.
Yet again, this highlights the differences between what is happening here and what is happening in Scotland. If ever there was a reason why we need our independence, it is to get away from draconian legislation such as this. In May, when the Scottish National party won an unprecedented fourth term, we did it with a record number of people turning out to vote in a Scottish Parliament election. That does not happen by accident; that was by design. The SNP Government led the way by extending the franchise to all 16 and 17 year olds and, more recently, by allowing all eligible refugees in Scotland and those foreign nationals with settled status the right to vote. It is because we extended that franchise that we now have a thriving, healthy and robust democracy in Scotland. It is telling that, as Scotland, and indeed Wales, extend that franchise, this place seeks to do the exact opposite.
Over the summer, we learned that the Bill goes far beyond plans for voter ID. If it is passed, the Government will assume powers over the running and scrutiny of all future elections. The Bill reveals plans to strip the Electoral Commission of its powers and the independence it enjoys at the moment, and put it directly under the control of the Government, forcing it to conform to a strategy and policy statement which will be written by the Government. This means that the Government—the Executive—will be giving political direction to the organisation whose job it is to independently scrutinise and adjudicate on the fairness of elections. At a time when its powers should be extended, this Government are stripping the Electoral Commission of its powers and making scrutiny far more difficult.
Alan Brown (Kilmarnock and Loudoun) (SNP)
My hon. Friend is making a fantastic speech. On extending the Electoral Commission’s powers, it has previously said that it does not have enough powers to keep the major parties in check and that overspending and breaches of electoral law have become business as usual, because it cannot fine them enough. Is this not all about taking further control rather than accepting open elections?
Brendan O’Hara
My hon. Friend is absolutely right. We are heading down a dangerous road and I urge Government Members to think carefully before proceeding.
One would have hoped that, at a time when democracies across the world are under threat from the influence of hostile actors, Governments could have taken this opportunity to introduce legislation to tackle those shadowy groups—those unincorporated associations—with anonymous sources of cash that are seeking to influence UK politics. However, given that openDemocracy recently revealed that since 2019, the Conservative party has accepted £2.5 million in donations from these shadowy groups, it was never going to be the anonymous, deep-pocketed bankrollers of the Conservative party who would be targeted in the Bill.
This Bill was always designed to hit the poor, the disadvantaged, the trade unions, the charity campaigners and civic society activists, because it will be the Secretary of State who will get to unilaterally decide who can campaign, what they can campaign on, when they can campaign, how much money they can raise and what they can spend those funds on. At a stroke, a Government Minister could ban a whole section of civic society, including trade unions and charities, from engaging in elections and campaigning or donating. It is fundamentally anti-democratic and people should be outraged by it. But, of course, if those people are unhappy and want to take to the streets to protest, this Government are already planning to block off that avenue to them.
David Morris
I am very grateful to the hon. Gentleman for letting me intervene. Charities are supposed to be apolitical—how do you explain that?
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I say again that hon. Members really should not use the word “you”; otherwise, it becomes a bit of a conversation down there and we feel kind of left out.
Brendan O’Hara
A charity has the right to advocate on behalf of its members and the people it represents. A charity must have the leeway and the bandwidth to advocate. To block that off screams of the anti-democratic road that this Government are determined to go down.
What we have here is a Government who are allergic to criticism, who are terrified of scrutiny and who are determined to give themselves, through this and other pieces of legislation, the powers to silence their critics. They want to prevent public displays of dissent and weaken their political opposition while, at the same time, entrenching the advantage that they already have, all at the expense of democracy.
Geraint Davies
Aneurin Bevan famously said that in the struggle between poverty and property, when poverty rises, property will attack democracy. Is this not what we are seeing in terms of voter suppression, getting rid of the right to peaceful protest, and attacking the judiciary and our fundamental democratic rights?
Brendan O’Hara
I agree with the hon. Gentleman: we are heading down a very, very dangerous road. The public have to be made aware of that and Government Members have to be aware of where this could lead.
We would not take this in any other walk of life. If this was a casino, we would demand that it be shut down and the owners arrested for loading the dice, marking the cards and allowing the dealers to have aces hidden up their sleeves. If this was a football match, there is no way that we would accept the home team manager being the referee and the assistant manager sitting up in the VAR box. Why, then, are we being asked to accept this? Why are we being asked to let this Government play fast and loose with something as fragile and as precious as our democracy—something that so many have done so much to defend? Why are we being asked to let this Government undermine those independent institutions that are specifically there to scrutinise our elections and preserve the public’s trust in a free and fair electoral system?
This is little more than a grubby attempt to gain electoral advantage. Why are we being asked to potentially disenfranchise millions of poor people and disadvantaged communities? Why are we being asked to accept that a Government Minister can unilaterally decide who can or cannot campaign for what they passionately believe in? Why are we being asked to turn a blind eye to those incredibly rich and powerful bodies that seek to buy their way to influence and power in the UK Government?
Our democracy, as I said, is under sustained attack. The arithmetic of this place means that the only people who can prevent this anti-democratic slide are Conservative Members. If they decide to fall meekly in line with what the Government say and nod this truly, thoroughly anti-democratic legislation through, I fear that history will judge them as those who facilitated one of the darkest days for democracy in the history of this country.
Mr William Wragg (Hazel Grove) (Con)
As ever, I will seek to calm the House, if I can, as I perambulate around a few of the issues that the Bill presents. I suggest to the Minister, as an early judgment, that it is perhaps a curate’s egg of a Bill. I will explain why I have come to that assessment, but we must understand at the outset why these matters are important. They are important to protect everybody—democracy itself in its entirety, clearly, but also candidates, agents and volunteers for all political parties who are actors in our great democratic process—and to give due regard to those who ultimately deserve consideration: the voters.
Having listened to the debate so far, I think we need to hit two issues on the head. I suggest gently that it is slightly anachronistic to compare democracy in this country with the events that we saw after the US presidential election. To those who would have us believe that there is something intrinsically wrong with our system, I suggest that they could be accused of suffering from Gerald Ratner syndrome, whereby they completely undermine what they wish to improve.
It is a shame that the Bill was not subject to pre-legislative scrutiny, which might have ironed out issues that have caused a degree of contention. Indeed, it could be suggested that the Bill would have benefited from consideration beforehand by a Speaker’s Commission, which is a cross-party entity—none of us has the monopoly on virtue when it comes to elections or matters pertaining to them.
My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said several interesting things about ID. I have a great deal of sympathy for what he said: notwithstanding the substantial list in schedule 1 of acceptable forms of ID, there is work to be done.
May I briefly mention the Speaker’s Committee? I am a member by virtue of chairing the Select Committee on Public Administration and Constitutional Affairs, and for no other reason. I agree that the Speaker’s Committee would benefit from having no majority from a particular party. I see colleagues who are members of it frowning at me, but I simply say that I would be willing to sacrifice myself if we needed to remove a Conservative member. I do not wish to take away from the importance of the Committee’s work, but if it were necessary for me to discharge that heavy burden on to somebody else, I might well do so. I do not want to cause even more offence to Members on the Treasury Bench, as I do occasionally, but I do ask whether it is appropriate to have two Ministers of the Crown as members of the Committee. I think that there is some work to be done; perhaps we will come back to the matter on Report.
On the vexed subject of the Electoral Commission, it is fair to say that opinion is mixed, but the commission is ultimately a regulator—perhaps the most sensitive regulator, because it regulates what we, and those at other levels of representation, do as candidates. o I simply say that we should tread carefully, perhaps recognise some of the work that has been done recently, welcome the new chair of the organisation, and judge it in the years to come.
I appreciate that many other Members wish to speak this afternoon, so with that, Madam Deputy Speaker, I will conclude my remarks.
Abena Oppong-Asare (Erith and Thamesmead) (Lab)
It is a pleasure to follow the hon. Member for Hazel Grove (Mr Wragg), and to speak in the debate.
I want first to discuss clause 1, and the Government’s ill thought out and extremely damaging proposal to require photo ID at polling stations. There is clear and resounding evidence that voting in this country is already safe and secure. Putting these additional barriers in the way of people exercising their right to vote will only weaken our democracy and further erode our trust in the political system, which is already quite weak.
Of course, this proposal will have a greater impact on some groups than on others. Several Members have drawn attention to that, and I want to echo some of their comments in outlining which groups will be most affected. Young people are likely to be impacted, and constituents of mine such as 16-year old Elliot have contacted me with concerns about the Bill suppressing youth engagement in politics. I have been doing quite a lot of work in my constituency in trying to enable young people to get politically engaged. Another barrier will affect older people, who may struggle to access the ID that they will now need. A number of Members, especially Conservative Members, have said that it is not a particular barrier, but I know that many people who have voted throughout their lives, in many cases for the Conservative party, will be disenfranchised.
A 91-year-old constituent wrote to me recently. He told me that he had just given up his driving licence because he is now housebound. Asking him to apply for a new form of ID, in my view, is unreasonable and ludicrous. Another constituent with multiple disabilities also contacted me. That constituent has never had a passport or a driving licence, and is extremely concerned, fearing that the process of application for a new form of ID will be difficult to complete.
I should like the Minister to clarify some points. What assessment have the Government made of how the new law will affect people with disabilities? The Bill provides extremely limited information about the new voter card: there is nothing about the application process, nothing about deadlines, nothing about what documents will be required, and nothing about how long the card will be valid for. The Bill simply says that this vital information will be set in out in future regulations, but as the Electoral Commission has said, we need to have it during the Bill’s passage, and unfortunately it is not there. Will the Government commit to providing full information on voter ID before the Bill moves to its next stages?
Earlier this year, 17 leading civil society organisations called on the Government to think again about requiring photo ID at polling stations. They included Stonewall, the Electoral Reform Society, Operation Black Vote, My Life My Say, and Silver Voices. It is not just the Labour party that is saying this. I urge the Government to listen to the growing consensus from across the political divide, and from impartial charities and representative groups, and to drop this terrible idea.
Let me now turn briefly to clause 25, on joint campaigning by registered parties and third parties. It is of course right for us to have a robust system of electoral finance monitoring and controls, but I have concerns about how the Bill could restrict legitimate campaigning by trade unions and other organisations. I echo the comments of the shadow Minister, my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith). Trade unions are democratic membership organisations that are already highly regulated when it comes to the financing of campaigns, and the Labour Party is proud of its intrinsic link with the trade union movement. This Bill redefines campaign activity that is currently classified as party spending as joint campaigning, potentially making unions liable for substantial expenditure by the party. That is both unfair and illogical. The Committee on Standards in Public Life has recently stated:
“When considering calls for greater regulation on non-party campaigning it is important to be mindful of the role of non-party campaigning in the broader ecosystem of democracy and pre-election debate.”
Trade unions must be able to engage in the democratic process, campaign on behalf of their members and support political parties without onerous regulations, which will not increase transparency or make election spending fairer. I urge the Government to reconsider how these clauses will operate, and to bring forward revised proposals during the passage of the Bill.
Craig Mackinlay (South Thanet) (Con)
Thank you for calling me to speak, Madam Deputy Speaker. It is good to be higher up the batting order. I want to highlight to the House that I serve on the Speaker’s Committee on the Electoral Commission and that I was acquitted at Southwark Crown court of an electoral law offence under the Representation of the People Act 1983 on 9 January 2019, as Members will be aware. There are three minor issues that I would like to talk about this afternoon, as well as one major one and one potential omission from the Bill. I hope that some of these points can be addressed as the Bill makes further progress.
There has been much huffing and puffing on voter identification this afternoon, as there always is on this topic. It is perceived by some as a means to restrict voting, but I do not believe a word of that. We have ID with us at most times of the day, when we want to collect a parcel or indulge in age-related activities such as going to the pub. I do not think there are many in this House who campaign as actively as I do for civil liberties, and I see absolutely no conflict in this legislation.
Mr Goodwill
Has my hon. Friend encountered a situation in which a voter has lost their polling card and, when they are told that they can still go to the polling station, they are astounded that they do not need any form of ID? In fact, many people who lose their polling cards are nervous about going to vote at all, so having ID might encourage people in that situation to go and vote.
Craig Mackinlay
I thank my right hon. Friend for that interesting observation. We have all heard this on the doorstep. When people say, “Oh, I’ve lost my card”, we say to them, “Don’t worry, just go!” So yes, perversely the ID card could actually increase turnout, which is the converse of what some people say.
The mischief that clause 1 is intended to address is that of personation. People claim that it is non-existent, and I know that very few cases go to court, but I disagree with those who say it is not taking place. I will not highlight to the House how easy it is and how it has undoubtedly happened in many constituencies. Clause 2, on postal voting, amends paragraph 3 of schedule 4 to the Representation of the People Act 2000, on absent voting in Great Britain. This will restrict the right to a perpetual postal vote to three years, which is good common sense.
Clause 3 brings in a new offence of handling postal votes. Again, a great idea, but in practical terms it is difficult to know how it could really be effective. Let us hope that the threat of prosecution will be enough to bring people away from the appalling activity that, in parts of the country, we would have to call postal vote farming. There have been some convictions for this, which is all to the good. However, I think there is a wider debate to be had on whether postal votes serve the good of the democratic process.
In some local authorities, postal votes arrive two weeks before voting day. I have often wondered how many of those who vote early, who might be floating voters, find themselves thinking in the last few days when the election is getting exciting, “D’you know what? I’ve changed my mind! I wish I’d waited till the end.” That is a problem as we get an increasing number of postal voters. It is almost like that old saying, “For you the war is over”, because they are no longer in the election process.
The increase in postal votes was implemented by the Labour party amid fears that the number of people engaging in elections was going down. I remember, because I am of a certain age, when people had to have a good reason to get a postal vote, such as being on holiday or working away, or being infirm or ill. A debate needs to be had as to whether that was a better process. I value elections and the process of going to a booth, and I am not convinced that the widening of the postal vote mandate that we have seen over the years has not just widened the risk of fraud, harvesting and coercion, away from the reasonable security of the polling station—I have good, robust feelings about the security of the polling station.
On overseas electors, as long as a person is within the net of UK tax they should have the right to vote. Obviously, a person who goes abroad to work for a few years will lose the annual tax charge, but to get rid of their domicile takes a lot longer. A person can be within the net of inheritance tax for a very long time, and it is sometimes difficult to get rid of it completely. I am very comfortable with where this is going.
The change in the Bill that is relevant to me, of course, follows the result of my 11-week trial at Southwark Crown court behind glass, which concluded in acquittal on 9 January 2019. I did not enter the House as the MP for South Thanet to have a lengthy trial based on very abstract and ambiguous legislation. The issue at stake was the construction of section 90ZA of the Representation of the People Act 1983, relating to the meaning of “election expenses,” and section 90C of the same Act, relating to accounting for discounted or free goods and services and the requirement, or not, for a candidate or agent to give assent and proper authorisation for expenditure in order for it to be a valid election expense.
Mr Steve Baker
That sounds like a very complex matter, and I am sure my hon. Friend deserves an extra minute to explain it to us properly. I am grateful that he is here to do so.
Craig Mackinlay
I am grateful to my hon. Friend for that assistance.
The matter was tested at the Court of Appeal in front of no less than the Lord Chief Justice, who ruled in summary that authorisation by the candidate or agent is a key feature of an election expense. The Electoral Commission—I make no comment as to its motivation—was dissatisfied with the outcome at the Court of Appeal and took the case to the Supreme Court, which ruled in an entirely contrary way, that spending could be construed as an election expense without receiving formal authorisation or proper deemed authorisation if it is of assistance to that candidate.
Two of the highest courts in the land—one said this and one said that. How on earth is a candidate or agent meant to make any sense of such legislation? I am extremely grateful to my hon. Friend the Minister for listening to my contributions in the House on this matter and for listening to the private Member’s Bill that I introduced some years ago to amend the 1983 Act appropriately so that proper authorisation has to be given. I now see those words in the Bill almost in their entirety. In clause 16, proposed new section 90C(1A) of the 1983 Act requires clear direction, authorisation or encouragement by the candidate or their agent for an election expense to be so. Thank God we have some clarity.
I would not want to see anybody in this House, friend or foe, go through what I went through. It was not fair, because we had ambiguous legislation. Finally we have a power in this Bill that means we will protect each other for the right reasons. Whether or not we like someone’s politics, it will apply to everybody.
Geraint Davies
Is the hon. Gentleman saying it is reasonable for a political party to bus in hundreds of workers and put them in hotels, so long as the agent does not know or authorise it? Is he saying that is a legitimate—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I am afraid the time of the hon. Member for South Thanet (Craig Mackinlay) has come to an end, but I will give him 30 seconds.
Craig Mackinlay
I thank the House for its forbearance during those troubled years, and I hope Members will support at least that part of the Bill.
Ben Lake (Ceredigion) (PC)
It is a pleasure to follow the hon. Member for South Thanet (Craig Mackinlay). The hon. Member for Argyll and Bute (Brendan O’Hara), in his excellent speech, made reference to the way in which the Scottish electoral system is becoming far more inclusive by expanding the franchise to 16 and 17-year-olds. Of course, similar efforts are under way in Wales, where the most recent Senedd election saw the franchise extended to all those over the age of 16 with residency rights. As discussions in Wales turn to consideration of the size of the Senedd and further reform of the electoral system, we can say that Welsh democracy is becoming more inclusive, at a time when perhaps the situation at UK level is to the contrary.
Some of the proposals in this Bill are to be commended, including the new sanction on intimidation of candidates and of voters. However, as has been discussed a lot this afternoon, the Bill does introduce a new barrier to democratic participation. As others have eloquently argued this afternoon, the introduction of voter ID requirements is baffling, as it appears to be the Government’s attempt to address a non-existent problem. I appreciate that we will not have agreement on this issue this afternoon, but it is worth reiterating that in 2019 there were 33 cases of polling station irregularities, in an election where more than 32 million ballots were cast. The Electoral Commission’s electoral fraud data details that there have been three convictions for in-person personation since 2014. I understand that we are not going to be able to agree on this point, but surely the Government will consider their own evidence, and the Cabinet Office’s own research found that 27% of those without photo ID were less likely to vote if photo ID was required. When the Minister sums up, it would be good to hear exactly what the Government’s plan is to try to encourage voting among people who have expressed to the Government that they are less likely to vote if photo ID is required.
Another question that arises from the Bill is whether the Government have considered the implications of some of the measures on devolved elections and constitutional arrangements. An example that comes to mind is this year’s Welsh election, where the Senedd general election was held on the same day as the police and crime commissioner elections. If that were to occur again, voters would be required to show photographic ID in order to vote in the PCC election but would not be required to do so for the Senedd election. That exemplifies some of the complexity that the Law Commission identified in its report and the recommendations for electoral laws to be rationalised. My question simply is: have the Government assessed how this would impact turnout and participation in devolved elections? Have there been discussions with the Welsh Government and the Senedd on that point?
Other worrying aspects of the Bill are some of the changes relating to the operation of the Electoral Commission and the strategic priorities of that body, which have been mentioned this afternoon. As the Electoral Commission is funded by, and is formally accountable to, the Scottish Parliament and the Senedd, as well as to the UK Parliament, the UK Government must make it clear that the proposed strategy and policy statement outlined in clause 12 and the related development and approval processes will not undermine the very important relationships that the commission has with the devolved Parliaments. Indeed, the Electoral Commission itself has called for that.
I will draw my remarks to a conclusion, but I will just say that an opportunity has been missed to consolidate and modernise electoral law, which both the Law Commission and, more recently, the Committee on Standards in Public Life have called for. I hope that some of their recommendations can be incorporated into the Bill in future stages.
Sir Roger Gale (North Thanet) (Con)
I suppose I have been in this place long enough not to be surprised by anything that happens in this Chamber, but I have to say that I am astonished by the level of synthetic outrage that has been generated by part 1 of this Bill. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis), an old friend, gave the game away when he said that it has the word “ID” in it. For him, anything with “ID” in it is a blue rag to a bull. All I can say, as someone who has been privileged to be an international observer of elections on behalf of the Parliamentary Assembly of the Council of Europe and the Commonwealth Parliamentary Association, is that ID is common practice around the civilised world. It is not a panacea and it is not going to solve all ills, but it is a useful tool in the prevention of fraud. I think I am right in saying—my hon. Friend the Minister will correct me if I am wrong—that ID has been used in Northern Ireland elections since 2003. If that is so and it is good enough for Northern Ireland, it is surely good enough for the whole of the rest of the United Kingdom.
My main purpose, in taking the Floor for just a few moments, is to say thank you to my hon. Friend the Minister for delivering something for which many of us have been campaigning for some time: the extension of the right to vote, in perpetuity, for expats. I am particularly grateful for part 2 of the Bill and clause 10, which ought to be known as Harry’s clause. Harry Shindler is 100 years old. He is the oldest living member of the Labour party. Harry and I have worked together on this project, with others, for a number of years. It will be a joy to his heart to be able, at the age of 102 or 103, to vote in a general election. Harry could have taken Italian citizenship—he fought at Anzio, came back to the United Kingdom and later retired to Italy—but, proudly British, he refused to become Italian to be able to vote.
At the next general election, Harry will be able to vote. That is one of two issues that expats want to be delivered. We are delivering on one; I hope that Harry and I will both also live to see the day when we deliver on the second, which is the extension of expat pensions in perpetuity.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. To make her maiden speech, I call Sarah Green.
Sarah Green (Chesham and Amersham) (LD)
Thank you, Madam Deputy Speaker. It is a true privilege to stand here today, among these green Benches, as the Member for Chesham and Amersham.
It should be said that, like so many constituencies, Chesham and Amersham is more than just two towns. We are a collection of proud and vibrant communities, going from the Chalfonts in the south through to the Lees in the north, taking in the Missendens, the Kingshills and so many other villages along the way. Soaring above it all are the magnificent red kites.
In representing the constituency of Chesham and Amersham, I follow the late Dame Cheryl Gillan. I know that many Members and former Members alike mourn her loss. Please let me take this moment to give my condolences to the many colleagues, friends and family members who all sorely miss her. I can only say that I intend to carry on her tradition of speaking truth to power and standing up for my constituents.
Dame Cheryl and I proudly share a Welsh heritage, and it so happens that Chesham and Amersham is something of a destination for Welsh émigrés. One of our most famous late residents was Roald Dahl. If people look closely enough around Great Missenden, they will find, hidden in plain sight, little details and clues to locations from his stories—stories that, like many in this place, I grew up reading.
The inspiration for Matilda’s library is still used by local people today. Danny’s dad’s petrol pump from “Danny, the Champion of the World” can be found, too—along with those pheasants that Danny and his father so loved. Crown House, otherwise known as Sophie’s orphanage from “The BFG”, still stands. I am, however, still on the hunt for a giant peach and a big chocolate factory.
At the heart of the inspiration for many of those wonderful stories is the Chilterns area of outstanding natural beauty, and our woodlands in particular. There is therefore a grim and unwelcome parallel between the story of “Fantastic Mr Fox” and the scene that greets people there today. The damage that Boggis and Bunce and Bean’s diggers wrought as they tore up the land while hunting that Mr Fox echoes the current destruction now taking place thanks to the works around High Speed 2. It is bad enough to watch it from street level, but once you get up and above the works and see the full scale of it, it is devastating. What you see makes your heart sink, where before the views could make your heart sing.
Something else that makes your heart sink are the roads around Buckinghamshire. I call them roads, but they are more like an assault course for unsuspecting drivers. The shocking state of our roads is something that my constituents are desperate to see fixed, but sadly this Government are more interested in fixing a problem that does not exist. There is no evidence of mass voter fraud in this country and yet, with this Bill, the Government want to introduce voter ID at elections. Why? This Bill will result in countless voters being turned away at the polling booth for no good reason. We should be encouraging more people to participate in elections, not introducing barriers to voting. Far from strengthening our democracy, this Bill makes it harder for people to vote and undermines our independent elections watchdog. Like all Members here, I did not enjoy the universal support of every voter, but everyone should be able to cast their vote unimpeded.
It goes without saying, however, that, no matter how any one person voted, every constituent in Chesham and Amersham will be listened to, will be heard and their interests represented in this place by me, and I greatly look forward to working with colleagues across this House.
Madam Deputy Speaker (Dame Rosie Winterton)
I congratulate the hon. Lady on her maiden speech. I call Maria Miller.
Mrs Maria Miller (Basingstoke) (Con)
Thank you, Madam Deputy Speaker. May I echo your congratulations to the hon. Member for Chesham and Amersham (Sarah Green) on not only an excellent maiden speech, but a very gracious one as well? We on the Conservative Benches really appreciate the tribute that she paid to our late colleague. I felt like I was getting to know her constituency all over again after a number of visits there during the by-election. Every village appeared to be a film set and actually was. I did not realise that it was the most photographed area of the country and it is extremely beautiful. The hon. Lady steps into big shoes left by our friend, Dame Cheryl, and I wish her very well in the work that I know she will be doing to well represent the constituents of Chesham and Amersham and, by the sounds of it, to continue the tradition of being a very strong advocate not of HS2, but of her constituents.
Our democracy, like others, is a very fragile thing. Elections are pivotal in the democratic process and I really applaud the Government, but particularly my hon. Friend, the Minister for the Constitution and Devolution, for all that they are doing to put democracy first in their agenda. My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said quite rightly that the Government have greater responsibility than anybody to ensure that the measures that are put in place are impartial—that they will not be favouring one side or the other. I do not agree with the points that he makes on voter ID; I think that the Bill is absolutely right. Ministers will have to do a great job of work in explaining voter ID to the voters well in advance of any election and I know that they will put that as a priority.
I just want to focus on two measures in the Bill and two measures that are not in the Bill. I would like to highlight my support for two measures, and the first is around the intimidation of candidates. The Bill introduces a new and very welcome electoral sanction to protect those seeking to be elected from abuse either in person or online. The vast majority of people who have stood for election have experienced some sort of aggressive behaviour and this is having a deleterious impact on certain groups. The Minister will know from our conversations the concerns that I have about the impacts on women putting themselves forward for election. We know from research that two out of three women in the UK said that their fear of abuse or harassment was a reason for not pursuing a career in politics. That is not good enough. In a democracy where we are strong because of our representative nature we have to tackle these things head on, so thank you to the Ministers for championing this new sanction in the Bill.
Secondly, there is the accessibility of polls. We sort of take it for granted that everybody can get to vote, but when we look at the evidence in the legislation, we see that the fact that it covers only tactile voting devices is way out of date, so, again, I applaud the Ministers for their tenacity in making sure that the requirement on returning officers is far broader than that; they should be commended for that.
Let me turn to the two issues that I hope I might turn the Ministers’ eyes to as the Bill proceeds through its various stages. The first will come as no surprise to them: it is the length of elections. [Interruption.] There is quite a lot of support for that on these Benches. The Bill is silent on the length of general election campaigns. When I was elected, election campaigns were 25 days. When many colleagues were elected to the Government Benches in 2019, that period was 36 days. The change has happened because we have rewritten the law, and done a carve-out for bank holidays and weekends. It is nonsense that the legislation is drafted in that way. We have to acknowledge and discuss the real consequences for our democracy of the length of election campaigns, but we have not done so enough. Those consequences include the engagement of voters, periods of uncertainty for the economy and the period without an effective Government. The issue is also not covered in the Government’s engagement plan.
Will Ministers please continue to look at this matter, and listen to me again on this gripping subject on Monday when we discuss the Dissolution and Calling of Parliament Bill, when I hope to move new clause 1, which has the support of not only Government Members, but Opposition Members as well?
Mr Goodwill
Does my right hon. Friend agree that having a short election would help in situations such as the recent recall of Parliament on the situation in Afghanistan, or the decisions that we have had to make at short notice during the pandemic? Having a shorter election campaign would facilitate a Government being put in place to make those important decisions.
Mrs Miller
My right hon. Friend is absolutely right. Of course, he is a co-sponsor—and, in fact, a co-conspirator—on this entire issue, as are many Government Members. I look forward to hearing his dulcet tones on this matter again on Monday.
The second issue that I want to cover is the sensitive matter of the eligibility of candidates in parliamentary elections. There are measures in place that veto certain people from standing in general elections, so this is not a new concept in our legislation. When we are elected we are, as individuals, in unique and powerful positions of trust; we have to accept that. Parties do vet candidates, but sometimes—we know—those procedures do not work as they are intended.
Currently people cannot stand to be elected as an MP if they have been made bankrupt, but there are no similar bars for other—possibly more serious—offences. Anybody who is convicted of a sex offence is not barred from standing for election. This is about existing offences that have been tried in court, not allegations. The Centenary Action Group is suggesting an amendment to bring that offence into scope, so that we can strike a better balance between upholding the democratic freedom that people have to stand for election and safeguarding our constituents, who very often, as we all know, include children and vulnerable adults.
Many councillors who deal with issues such as those we deal with here are subject to quite stringent police checks. Now, I am not advocating that course of action, but we have to think about this carefully so that our positions are not open to abuse. I do not imagine that there are many people in this place who would think that a convicted sex offender would have a place on these green Benches.
Clive Lewis (Norwich South) (Lab)
May I first say how pleased I am to see the Minister, my constituency neighbour in Norwich, back in her place? She may have been back before today, but this is the first day that I have been back, so I welcome her to her place.
I will start with a question. If your policies are unpopular with most voters and your own party’s demographics are shrinking, what do you do? Do you change your policies so that your party’s platform is more appealing to more voters, or do you make it harder for people to vote? After reading the Bill, I think we now have this Government’s answer.
Such is the extent of the crisis of democracy, there is truly no shortage of issues that the Elections Bill could have addressed. Our first-past-the-post electoral system already means that millions of people’s votes are wasted. When the House of Commons and the House of Lords are taken together as our legislature, half our legislators are not elected. We do not even have a constitution that is publicly accessible or that has public consent. This Bill does nothing about any of these issues or the many more real problems in our elections and our democracy. Instead this Government are pouring oil on the bonfire of democracy that is taking place not just in the UK but across the world.
When public confidence in the running of elections is at its highest since 2012, we are left to ponder the obvious question: whose interests is this Bill actually serving? It certainly is not the interests of the estimated 2.1 million people who will be put at risk of being excluded from voting because they do not have recognisable photo ID. Nor does it serve the interests of working people and civil society. Their right to freedom of expression in elections through trade unions in campaigning will be hamstrung by punitive red tape and put at risk through the Government’s control of the Electoral Commission. I think it is pretty clear: the beneficiaries of this Bill are this Government and their vested interests. It is this Government who benefit from the disproportionate exclusion of the very voters hit hardest by their policies. It is the wealthy tax exiles, not members of the public, who will benefit from rules that will enable overseas electors to influence parties in elections through donations.
However, as even Conservative Members have noted, the most cynical aspect of this Bill is of course the phantom problem of voter fraud that has been summoned by this Government to create a smokescreen for naked self-interest.
Alicia Kearns (Rutland and Melton) (Con)
The hon. Gentleman says that voter fraud is not an issue, yet in my constituency during a by-election less than a month ago, over 30 pre-filled-in voting ballots were found dumped in a bin in a church. My community of Rutland and Melton is perhaps not normally considered a hotspot of voter fraud. If there is not voter fraud going on, why are we currently having to investigate such ballots being found around our country?
Clive Lewis
That is a fair point. Let me retort with an alternative statistic for you. There were 34 allegations of impersonation in the 2019 general election, out of 58 million votes. I took out my calculator and that works out that there was 0.0000058% fraud in the last election.
The Government have produced a piece of legislation straight out of the far-right playbook from the United States to look for a problem that does not exist. This tactic is drawn straight from the authoritarian playbook of racist American legislators. Their voter suppression laws have been and are being used to reinstate Jim Crow-era mass disenfranchisement via the back door. The Southern Poverty Law Centre, which has commented on such legislation, says:
“The real reason these laws are passed is to suppress the vote, and that is in fact what happens.”
We have a crisis of democracy precisely because established institutions have failed to represent the public as a whole—failed to challenge economic self-interest in favour of the common good. The truth, as this Government know, is that their ideology of destructive and unequal growth, fuelled by oil and gas, is not shared by the British public. Even the super-wealthy see the uninhabitable world this system is creating. They choose to flee to private islands or hide out in vast compounds in the depths of New Zealand and elsewhere. This Bill, along with the protest ban and the attacks on the independent judiciary and human rights, is a buttress against the public. Authoritarian control is being shored up because this Government know they cannot win public consent freely and fairly for policies that will continue to impose poverty on an ever-greater number of people so that wealth can be extracted for a few. [Interruption.] You sit there looking incredulous, yet that is what your politics and your policies do, day in day and day out.
Anthony Browne
I wonder whether the hon. Member is aware that actually voter ID is very common in other countries. You said that it is a racist policy to bring back Jim Crow laws from the US. Are you aware that the world’s most successful multi-racial democracy, Canada, uses voter ID, as well as highly respected democracies such as Sweden, Norway, the Netherlands, Italy and France? They all use voter ID.
Mr Deputy Speaker (Mr Nigel Evans)
Order. Before the hon. Member for Norwich South (Clive Lewis) answers that, can I please remind everybody, on all sides, not to refer to “you”, because that is me, and I have no views on this matter, as you know?
Clive Lewis
The hon. Member for South Cambridgeshire will also know that many of the countries he mentioned already have ID cards fully in use by their populations. As you well know, we do not have them here. I know you are talking about a regional ID scheme, but if you are talking about a national ID scheme, fine, make that comparison. I do not believe you are, so I do not believe it is a fair comparison.
Clive Lewis
I will conclude with my question to Members on the Government Benches: how comfortable are they with Government Front Benchers who are eroding the fabric of our fragile democracy? When will they speak up and express misgivings like the right hon. Member for Haltemprice and Howden (Mr Davis) about the Government’s fleeting, rocky relationship not just with the truth but with democracy? Choose soon, because history will not judge your silence well.
Mr Deputy Speaker (Mr Nigel Evans)
There will be a five-minute limit from now on. It is nothing personal, Steve.
Mr Steve Baker (Wycombe) (Con)
Mr Deputy Speaker, it is the second time you have done that to me; the first time was my maiden speech.
I welcome this essential Bill. What I want is a fair vote for everyone, and that is why I was very pleased to lead the first Adjournment debate of this Parliament on 19 December 2019. Further to the speech of the hon. Member for Norwich South (Clive Lewis), I am clear that in Wycombe, the victims of electoral malpractice are ethnic minorities. Overwhelmingly, it is ethnic minorities whose votes are stolen, in some cases very deliberately.
First, I want to welcome some provisions and then, if I have time, I will say where the Bill could go further. On postal votes, proxy votes and voter ID, I welcome the provisions in the Bill, but I particularly want to emphasise, because I suspect no one else will, the importance in the undue influence measure of provisions about spiritual injury and spiritual pressure. I have thousands of British Muslim supporters in Wycombe, and I know from my friends and supporters that they were accused in the most strident and offensive terms, which I will not repeat, of being apostate, because they declined to vote for the Muslim candidate. That is an absolutely outrageous way to polarise our politics. If I did it as a Christian, there would rightly be national outrage, so I am pleased to see that provision in the Bill.
Aaron Bell (Newcastle-under-Lyme) (Con)
My hon. Friend is making a powerful speech, and I draw his attention to the words of the judge in the Tower Hamlets case, who made the same point. He said:
“The real losers in this case are the citizens of Tower Hamlets and, in particular, the Bangladeshi community. Their natural and laudable sense of solidarity has been cynically perverted into a sense of isolation and victimhood, and their devotion to their religion has been manipulated—all for the aggrandisement of Mr Rahman.”
That is the reality of these sorts of fraud cases.
Mr Baker
I am grateful to my hon. Friend. I am clear that in speaking in support of the Bill I am standing overwhelmingly for my ethnic minority voters in Wycombe. I am absolutely clear about that in my mind. I am clear that they are the most strident supporters I have on this matter in my constituency.
I will not repeat the matters that I raised on 19 December, because that took several times longer than the time I have remaining, so I will point out five areas where the Bill could go further. The first is that many people are incorrectly listed on the electoral roll, entitling them to vote. Many of the issues are already illegal, but there is a strong argument that if the electoral roll was much more tightly governed, the opportunity for criminality, and particularly the misuse of postal votes, would be reduced.
There needs to be a national check for uniqueness, but without a national database. I am grateful to the Electoral Commission for meeting me; I have shown it a technique that could be used with a kind of digital fingerprint to guarantee uniqueness. We need to ensure that people only vote once in the UK. I have seen a WhatsApp message where somebody said, “I have voted in Birmingham; I am now coming to Wycombe to vote against Baker.” I do not mind people voting against me if they are so convicted, as it were, but I do mind them voting twice.
The second point is that people register to vote at an address where they do not reside. I could take Members to a small Edwardian three-bedroom house in Wycombe where 12 electors are registered to vote. We absolutely know that they do not reside there. It is very important that people register to vote only where they reside. It is also important that people do not end up abusing the postal vote system by applying for a postal vote on someone’s behalf and then casting it without their knowledge. We also can give examples of where that can be done, although I do not have time now.
Thirdly, there are instances where foreign nationals here legally in the UK—very welcome they are, too—and with a national insurance number are not entitled to vote. We have examples of some people of Turkish nationality and some EU nationals. In some cases, people just do not know that they are not entitled to vote in a national election. We need to ensure that we tell them. I could give anecdotes of people who find they have inadvertently voted and wished they had not, because they had no intention of breaking the law, so we need to educate them.
Fourthly, I realise and accept that at this stage the Minister almost certainly cannot do anything about the national uniqueness of the electoral roll—I put that on the record so that we can come back to it—but this is an area where I think he could go further. When someone wishes to make an objection to someone’s name being on the roll at a particular address, the name of the objector must be disclosed. That is a reasonable principle of justice to ensure that the accused knows the name of their accuser. The point for me is about when their name is disclosed. It seems that just as an accused person is revealed when they are charged—not when they are arrested—so it could be the case that a person challenging the electoral roll is named publicly only at the moment when someone is charged so that that person knows who their accuser is for the purposes of the criminal justice system and the accuser does not end up exposed to intimidation for challenging registrations on the electoral roll. I make that case because such challenges need to be made and there is a problem with people either not making them or making them and subsequently feeling they were or could have been intimidated.
Finally, the Minister needs to do much more to educate voters about what the law is. For example, I am sorry to say that we cannot assume that just because a postal vote is completed by an elector in their own home, it has been completed freely. I know of one lady from an ethnic minority community who asked to cancel her postal vote because it had been taken from her and given to a candidate. I personally reported that candidate to the police. That is just one example concerning the treatment of women, which is not equal everywhere. In particular, I fear that women are not being given the opportunity to cast their vote freely. However they choose to vote, they should have their choice. In so far as it is up to me, I am not having this country go back to the pre-suffragette era in which women’s votes were abused. That requires us to be realistic and understand that some women cast their votes at home under duress.
I welcome the Bill and am grateful to the Minister, who will have my full support. Let us not listen to some of the nonsense we have heard today.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
On a point of order, Mr Deputy Speaker. I apologise to colleagues for this brief intervention, but I have heard that the all-party parliamentary China group has invited the ambassador of China on to the estate next week. As one of many in this place who has been sanctioned by the Chinese Government, I find that reprehensible, because Mr Speaker himself condemned the sanctioning of Members of Parliament here in very strict terms.
I have notified the chair of the all-party group, my hon. Friend the Member for Gloucester (Richard Graham), as well as the vice-chair, the right hon. Member for Orkney and Shetland (Mr Carmichael), who I see in his place. I wonder if you would give your view, Mr Deputy Speaker, about whether such a visit should happen. The representative of the Government who have sanctioned us, trolled us, broken some of our email accounts and taken our characters around the world is coming to Parliament next week, and I think that is unfathomable.
Mr Carmichael
Further to that point of order, Mr Deputy Speaker. As vice-chair of the all-party parliamentary China group—in fairness, one of 22 vice-chairs—may I say to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) through you that I very much share his concerns? It is obviously necessary for us to engage in every way possible, but when the engagement is of the nature he described, that goes beyond normal engagement, and that should be a matter of concern across this Chamber.
Mr Deputy Speaker (Mr Nigel Evans)
I am extremely grateful to Sir Iain Duncan Smith for his point of order and giving me forward notice of it, as well as to Alistair Carmichael following on. I am also grateful that he informed the chair of the all-party parliamentary China group. The Speaker and Deputy Speakers are not responsible for the operation of APPGs. In the first instance, I suggest that he put his points to the officers of the APPG in question. Indeed, the vice-chair having said what he did gives incredible strength to the arguments.
Further, if the right hon. Gentleman believes that the APPG has breached the rules, he is advised to contact the Parliamentary Commissioner for Standards. He might also wish to know that the Standards Committee is undertaking an inquiry into APPGs. As he just stated, it is a matter of public record that Mr Speaker is very concerned about the sanctioning of any Members of this House by the Chinese Government for carrying out their duties as Members of Parliament.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
Can I first say to the Minister for the Constitution and Devolution that I am glad to see them back at the Dispatch Box? I also commend them for their passion for the legislation they are bringing forward on behalf of the Government. I do not necessarily agree with the vast majority of it for very simple reasons, and I want to bring my words to three specific points on voter identification, assistance for excluded groups and the regulation of expenditure.
First, on voter identification, I am glad that the right hon. Member for—I can never remember his constituency. [Hon. Members: “Haltemprice and Howden.”] Exactly. It is double-barrelled and it always gets me. I am glad that the right hon. Member for Haltemprice and Howden (Mr Davis) is here on voter ID. I do not necessarily share the same opinion, for a very specific reason. One other hon. Member, the right hon. Member for Elmet and Rothwell (Alec Shelbrooke), has already mentioned the OSCE report on voter ID. There has been a failure to recognise in the debate so far not only that the vast majority of nations that use them have used them for a long period of time, but that some of them—for example, Estonia—not only use them to allow a citizen to go and vote, but to allow them full access to the vast majority of records the state owns on them. Therefore, your ID card—your digital ID card—will allow you to read your medical records, your police record and a vast swathe of public information held on you, the citizen. Their digital ID is yours; it is not the state’s.
The idea that also needs to be discussed and highlighted quickly is the idea that we do not have ID numbers in the United Kingdom, including Northern Ireland. The vast majority of us over the age of 15 have a national insurance number and the vast majority of us have an NHS number. Those of us representing Scottish constituencies also have our community health index—called the CHI. The issue about voter ID-specific cards is therefore a worry to me. Why are we duplicating a specific voter ID card when ID numbers already exist? Why go to the expense of creating and duplicating existing structures? I am afraid that I did not hear the answer to that in the Minister’s opening speech, and perhaps they will come back to it, if they wish, in their conclusion.
I think the onus in the legislation is on local government to provide the cards. Where does the ownership of the card reside: is it with the Government or with the local authority? The Minister mentioned the fact that it would not be connected to any databases, and that gives me the idea that it is owned not by the local authority, but by the Government. Therefore, there needs to be clarity about that ID in that it is not connected to any other single database other than someone’s voter number on the voter roll. That needs clarification.
On assisting those who are excluded, there has been no mention so far, for example, of the Gypsy, Traveller and Roma community. A proportion of the Gypsy, Traveller and Roma community still lead a nomadic lifestyle, and they will find it extremely difficult—moving from local authority to local authority or between the nations of the United Kingdom—to access a specific local authority to give them a specific voter ID. Perhaps the Minister can say a few words about that in summing up because the Gypsy, Traveller and Roma community in recent months has found some of the legislation that has gone through this place very difficult.
Then we come to the regulation of expenditure, and I referred in my intervention on the Minister to unincorporated associations. Much has been made by Government Members about the independence of charities, for example. Not all charities that use the word “charity” are actually registered charities; they are usually unincorporated associations. They are the small organisations in each of our constituencies that go about their business doing civic duties and civic activity. But the unethical and unprincipled element of the unincorporated associations which needs to be clarified in this Bill is about how they are utilised to undermine democratic principles and fund political organisations by the back door.
There needs to be clarity in the Bill. The Minister needs to identify why we cannot use existing ID numbers that we already have, and how we can tackle the issue of the Gypsy, Traveller and Roma community and also make sure that unincorporated associations are not a back door to undermining the very principles of democracy across these islands.
Damien Moore (Southport) (Con)
It is a pleasure to speak in this debate to express my support for the new legislation to strengthen the integrity of UK elections and protect our democracy, but I want to begin by thanking the many people inside and outside Parliament who worked so hard, particularly over the last year, to preserve and protect our democratic process despite the ensuing chaos caused by the pandemic. We owe a debt of gratitude to the workers and volunteers who administer our elections, and we owe special thanks to Lord Pickles because without his work and dedication to tackle electoral fraud in our voting system, I doubt this Bill would have come before us so soon.
I also thank my hon. Friend the Minister for the Constitution and Devolution for getting this done despite the competing priorities of Government and her own personal battle. At a time when Government could be forgiven for prioritising other incentives, the refreshing display of focus and determination we are seeing today from the Government reflects a belief in the need to strengthen the integrity of our elections and protect our democracy.
Many Members will recall that only in the last Parliament I put forward my own private Member’s Bill on this topic, and I am glad to say that many of the changes I proposed around postal voting then have found their way into this Bill.
Many Members on the Opposition Benches have argued strongly that this Bill unnecessarily introduces measures that will make it more difficult to vote in future elections, that the UK has relatively low levels of proven electoral fraud, and that voters should feel confident about their vote, or that this might disenfranchise voters. In truth, the opposite is the case. This Bill will strengthen the security of our voting process by introducing a requirement for voters to show an approved form of photographic identification before collecting their ballot paper to vote in a polling station. There are already checks in place to confirm a voter’s identity when they register to vote and to vote by post. However, there are no similar checks in place at polling stations in Great Britain to prevent someone from claiming to be someone else and voting in their name.
This Bill will bring the rest of the UK in line with Northern Ireland, where photographic identification has been used successfully since 2003. For those concerned that any eligible voter who does not have one of a broad range of accepted identification documents will be precluded from taking part in the democratic process, the Bill and the Minister have made it clear that a proposed voter card will be available from their local authority free of charge. Furthermore, the Elections Bill places British citizens’ participation at the heart of our democracy, supporting voters to make their choices freely, securely and in an informed way without fear of interference.
Stealing someone’s vote is stealing their voice, so I welcome the Government’s attempts to stamp out any potential for voter fraud by including sensible safeguards for postal and proxy voting, which will see party campaigners banned from handling postal votes, put a stop to postal vote harvesting, and make it an offence for a person to attempt to find out or reveal who an absent voter has chosen to vote for.
I also welcome the steps taken by this Government to introduce a new electoral sanction to protect campaigners and those standing for or holding elected office from inexcusable intimidatory or abusive behaviour both in person and online, something many Members on both sides of this House have experienced and feel strongly about. As my hon. Friend the Minister has said:
“Robust debate has always been a fundamental part of our democracy, and freedom of expression is part of its appeal—but a line is crossed when disagreement mutates into intimidation and abuse that shuts down free debate.”
Finally, I welcome the steps taken in the Bill to better support voters with disabilities to exercise their democratic right by removing restrictions on who can act as a companion to a disabled voter at the polling station and requiring local returning officers to provide support for a wider range of needs. In my constituency of Southport, this is not only appropriate but necessary to strengthen the integrity of our voting system and ensure voters, irrespective of their age or disability, can participate. Too often during elections, I am contacted by residents—they have an above average age demographic—who are dissuaded from taking part in the democratic process not because of their apathy, but because of a lack of confidence in a system that makes it too difficult to vote in person with a disability.
The Bill builds on the good progress that the Government have made defending democracy. The changes that it will deliver will work alongside the measures in the online safety Bill and the counter-state threats Bill, which were announced in the most recent Queen’s Speech, to protect our globally respected UK democracy from evolving threats and ensure the systems that underpin it are fit for purpose in society today. It will introduce a number of important changes that the Electoral Commission and others have previously argued will bring benefits for voters, including extending imprint rules to digital campaign material, allowing more flexible support for disabled people, and improving transparency. I will be supporting the Bill, and I encourage hon. and right hon. Members across the House to do the same.
Beth Winter (Cynon Valley) (Lab)
This Bill is an affront to our democracy. It will interfere with and undermine the independence of the Electoral Commission, it will impose excessive and unnecessary restrictions on campaigning groups and, worst of all, it will not only disallow the voting rights of millions who do not have ID but lead to an even lower level of voter engagement. This Bill is unnecessary, costly and a Conservative power grab.
Although the proposal to introduce voter ID has been widely covered already, I feel that I must emphasise that we should be working to encourage and support the people of the UK to exercise their democratic right to vote, not disenfranchising them. That is particularly likely to be the case for the most disadvantaged groups, who are already the most marginalised in our society.
I would like to bring to the Minister’s attention a joint statement on voter ID by a coalition of 19 Welsh organisations, which highlights how proposals in the Bill risk the disenfranchisement of already marginalised groups in Wales that they work with and represent, including homeless people, people with disabilities, older people, ethnic minorities, young people, Gypsies and Travellers, and the Roma community in Wales. I would be interested to hear the Minister’s response to that joint statement.
In contrast, I am extremely proud that the Welsh Government have taken exactly the approach that I feel is needed by taking action to encourage young people to vote—16 and 17-year-olds voted for the first time in Senedd elections in May this year—and making it easier for people to vote across the board. We are also looking to trial polling stations in schools and colleges to tackle low youth turnout at elections, and we are considering putting polling stations in supermarkets and leisure centres. These steps will make it easier for people to vote and make our democracy a more vibrant one where everyone’s vote counts.
If the Government press ahead with their proposals, my constituents will notice a stark difference between Welsh elections and Westminster elections. They will enjoy easy and accessible elections for local government and the Senedd, and they will face enormous barriers and inconveniences when it comes time to elect their MP. I would be interested to hear what discussions Ministers have had with the Welsh Government on the proposals in the Bill.
There is much more to this Bill than voter ID. It threatens the independence of the Electoral Commission with Government and parliamentary interference. It gives the Government and the Tory party the ability to set the strategic plan for the body that oversees elections. That is significant, as the Electoral Commission has investigated many key Government allies in recent years, including Vote Leave, and the Conservative party for its 2017 election spending. It is clear to me that these proposals will undermine the Electoral Commission and stifle oversight and criticism.
I also have grave doubts about the proposals surrounding third-party campaigners and the impact that they may have on important campaigning groups, charities and trade unions. The majority of campaign work during elections is done by individuals and groups that are not members of political parties, and results in increased voter registration and turnout. As the Committee on Standards in Public Life commented,
“third-party campaigning is a good thing, because it encourages people to vote”.
What we should be doing is putting measures in place that encourage people to vote, as we are doing in Wales. This Bill does the opposite, and I oppose it.
Mr Deputy Speaker (Mr Nigel Evans)
Without my even imposing a four-minute limit, which I am about to do, you did it in four minutes, so congratulations. Four minutes—James Grundy.
James Grundy (Leigh) (Con)
I welcome the Bill. The provisions within it are long overdue. Given how thoroughly the ground has been gone over on some of the main planks of this legislation, I do not intend to go over it again. I do, however, wish to raise a number of technical points relating to the governance of local elections. Having stood in local elections as a candidate, or acted as an agent for more than 20 years in the seat I now represent, I have some experience of that.
First, I welcomed the changes to the nomination process for this year’s set of local elections, whereby only two signatures were required on the nomination paper, instead of the normal 10. This greatly reduced the administrative burden for both political parties and independent candidates in the local elections, leading to a considerable increase in participation, especially by independent candidates and those from minor parties, and making it easier for major parties to field candidates across wards they might otherwise have struggled to do so in. I hope the changes will be made permanent. I understand that this system, or one very similar to it, has been in place in Scotland since 2007 without either incident or much controversy. I hope that such a measure will be incorporated in the Bill.
Hon. Members will also be aware that many metropolitan boroughs are undergoing local government boundary reviews at the moment, meaning that in short order they will have what are known as all-out elections. Most metropolitan boroughs normally elect by thirds, with three-member wards. Broadly speaking, those wards tend to be very large compared with some of the more rural areas, with electorates ranging from roughly 10,000 to 20,000 depending on the local authority.
In all-out elections in three-member wards, the number of candidates can of course triple, so five candidates can become 15. That can lead to very long ballot papers, which can lead to confusion for electors, especially the elderly, and can be very difficult to tally for counting staff, given that candidates from the same party are scattered across the ballot paper. This can turn a count that would normally be completed in a few hours into a daylong event.
I propose that, when multiple candidates are up for election in the same ward, candidates should still be listed individually on the ballot paper, but should be grouped on the ballot paper by political party for the ease of the public in finding their candidates of choice and for the ease of counting staff in tallying votes at the count. That change would reduce confusion for electors and considerably foreshorten the length of local election counts in this type of all-out elections.
Finally, there is the matter of the relatively recently established metro Mayor elections. [Interruption.] I know, I know. Currently, mayoral elections can overlap with local elections in the metropolitan authorities they cover. Unfortunately, this has led to unforeseen consequences for the administration of these elections, particularly the count. Earlier, I alluded to the fact that local election counts in a metropolitan borough such as Wigan can be over in an hour or two in normal circumstances. The recent combined local and mayoral elections in Greater Manchester, including polling day, took three days to administer as opposed to the normal one. On the Friday of the count, staff had verified the ballots cast in the local election by 10 am, but were forced to wait until 4 pm before they could start counting them due to issues with the verification of the mayoral ballots—a six-hour wait before counting could even begin. The mayoral ballots had to be verified again on Saturday morning before they could be counted. Most staff and counting agents were exhausted after three very long days across—
Mr Deputy Speaker (Mr Nigel Evans)
Order. We have to leave it there. I am terribly sorry.
Owen Thompson (Midlothian) (SNP)
I draw the attention of Members to the fact that I am a member of the Speaker’s Committee on the Electoral Commission.
I consider it a privilege to take part in our political landscape, where democracy comes in different shapes and sizes and where it is the voters’ place to march in the streets and to choose who they put in this place. The presence of non-party campaigners—charities and campaign groups in the third sector—add a diversity of voices and expertise to our politics, bringing overlooked issues on to the political agenda and in so doing helping us all to make better decisions. That considered, clause 23 seems almost incomprehensible to anyone who values having a participatory democracy or an engaged society. The clause essentially hands Ministers the power to create conditions on whether certain bodies can take part in the electoral process, or remove them all together. They could be used, for instance, to bar anyone who has been in police custody from campaigning, which would take out thousands of environmental campaigners. It could even be used to create an outright ban for certain organisations, such as trade unions.
Additionally, lowering the spending limit for groups to register as non-party campaigners to £700 essentially hands the Government the power to disqualify any group from campaigning, while the new limitations on joint campaigning could clamp down on electoral pacts. I find that somewhat ironic given that the party of Government here, only four months ago, were calling for just such Unionist pacts in the Scottish elections.
This piece of legislation gives the Government of the day power over what kind of campaigning they consider acceptable during election periods and who can campaign. It is a naked attempt to swing elections in the ruling party’s favour by letting them write the rules for their own re-election. The Government or Opposition parties do not have to agree with what campaigners are calling for, but we should at least accept the right to participate. Instead, by narrowing our public life and stifling what makes our politics pluralistic, this Government are reading the same playbook as Orbán and Hungary.
Even Parliament is being attacked. Clause 23(2) explicitly ensures that this place will have no power to annul a statutory instrument that seeks to amend or remove the list of who counts as a non-party campaigner. This compounds the Bill’s attack on accountability, with the Electoral Commission’s independence being shattered by the new requirement to conform to a strategy document written by the Government, and its powers to prosecute being removed.
These might seem like technical changes, but they tie into this Government’s broader agenda of shrinking participation in extra-parliamentary political life until democracy is something that happens only in this place. If the Government get their way, which, by the sounds of it, looks quite likely tonight considering their insistence on keeping their unfair majoritarian voting system, we will soon be living in a society where the right to protest is severely restricted by the Police, Crime, Sentencing and Courts Bill, where the Electoral Commission is toothless, and where even the process of going to vote is complicated unnecessarily by the requirement for voter ID restrictions.
It is only a few years since similar measures saw the US downgraded by the “Democracy Index” to a “flawed democracy”. Is that the trajectory for this country? Is that really the Government’s vision for a country that they make such a song and dance about loving—a disenfranchised and disengaged electorate with nothing to protect them from the insulated ruling classes fiddling the rules to stay in power?
With so much of what we see from the Government, it is impossible not to draw contrasts. The Scottish Government have increased the franchise to include 16 and 17-year-olds, asylum seekers and those serving custodial sentences with less than a year remaining. Scotland just held its most inclusive election ever, while this Government seemingly advocate leaving politics to the Etonians. Whenever this Government take steps to frustrate democracy, they justify them by conjuring scenes of rampant voter fraud. This simply is not the case and the Bill must be opposed.
Mark Fletcher (Bolsover) (Con)
There have been moments today, listening to Opposition Members, when I have felt like I have been missing my tin foil hat. My hon. Friend the Member for Gedling (Tom Randall) and I turn up to all these events united in a purpose, because we both lived through an experience in Tower Hamlets that is incredibly difficult to forget. When I am told that there is no problem with our elections, I find it very hard to square that with my experiences.
One of the key things, as I mentioned in a recent Westminster Hall debate, relates to what happened in Tower Hamlets. There was a tremendous injustice and a court case that overturned an election. Some people involved included one of my political mentors, Councillor Peter Golds. However, we were not campaigning for the Conservatives to win an election. This was not about the Conservatives—for some strange reason, the Conservatives are not a great electoral force in Tower Hamlets. It was very much about an independent group that had won the election, and in fact, the Labour party was the runner-up.
During the campaign, we saw postal vote harvesting on an immense scale. We saw a level of personation that was mind-blowing to those of us who care about our democratic system. We saw intimidation and, as my hon. Friend the Member for Wycombe (Mr Baker) mentioned in what I thought was an astoundingly good speech, “undue spiritual influence”. That had been on the statute book for a long time but no one considered it particularly relevant any more. There was a great injustice and those of us who were political campaigners could see it play out, because after a while we knew what we were looking for. No matter who we complained to—the Electoral Commission or the Metropolitan police—no action was taken.
I appreciate all the points that Opposition Members have made that there is not really an issue because there are very few cases, but we had a court case on these issues that was brought not by any of the authorities that oversee elections, but by four members of the public who acted as electoral petitioners. They were the ones forced to undertake that action, because our system was failing. When people say that there is no issue in this country, that personation is not a problem or that we should be looking at every other issue that has been listed today, I say politely that we have ignored this issue for a long time and our authorities would not act.
The judge in the Tower Hamlets case, whom my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) quoted earlier, said:
“The real losers in this case are the citizens of Tower Hamlets and, in particular, the Bangladeshi community…Even in the multicultural society which is 21st century Britain, the law must be applied fairly and equally to everyone. Otherwise we are lost.”
Alec Shelbrooke
Can my hon. Friend think of any other example of Members saying in this House that victims should be ignored because there is not much of a problem?
Mark Fletcher
No, I cannot easily recall such an issue, and I hope that that is never our approach in this House.
I appreciate that Opposition Members have raised many points that they feel equally strongly about, but I just think that they are in the wrong ballpark. If they were being consistent, they would be campaigning to repeal the voter ID laws in Northern Ireland, which are incredibly successful and were brought in by a Labour Government.
I just think that there is a huge inconsistency in what has been happening today. I am no fan of the Electoral Commission, which I think could be abolished and replaced tomorrow with something considerably more successful, but the commission has called for voter identification. My right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) has repeatedly made the point that international organisations have called for voter ID to be brought in. The vast majority of people in this country have an ID that they use day to day. For those who do not, who are absolutely a fair group of people to talk about, there is a readily available system in the Bill with financial support to ensure that they are not disfranchised. I honestly cannot work out why the Opposition are making such a song and dance about a system that will be strengthened.
Geraint Davies
The Tower Hamlets investigation in 2012 found only three cases after 64 allegations, yet on the back of it the hon. Gentleman is making out that we should deny millions of people the right to vote. It is ridiculous.
Mark Fletcher
I am pretty sure that I dealt with the point about numbers in the first part of what I said. In regard to the idea that millions will be disfranchised, I think a number of 3.5 million was produced by the Electoral Commission. That is now five years out of date—forgive me if I am off by a year or two—and does not take into account the range of identification that can be used under the Bill, so in fact the number goes down substantially. Further to the point about the Bangladeshi community, 99% of ethnic minority people in this country have some form of identification that would allow them to vote under the Bill, so, again, I cannot quite understand why such a song and dance is being made.
Having trust in our electoral system is so vital to this country. All of us who are willing to stand up for those who have had their votes taken away stand in support of the Bill.
Patrick Grady (Glasgow North) (SNP)
The hon. Member for Bolsover (Mark Fletcher) appeared to accuse some Members on the Opposition Benches of having tin foil hats, but I have to say that that was a particularly shiny and reflective contribution.
The reality is that the Bill will create more problems than it seeks to solve. The short-term effect of voter identification will be to suppress turnout, particularly among people for whom it is already low. As others have said, the Government are effectively trying to stop what they consider to be the wrong kind of voters getting to the polls in the first place. What is someone supposed to do if they turn up on a wet Thursday night, as the hon. Member for Lancaster and Fleetwood (Cat Smith) said, and at quarter to 10, just before the polls close, they discover that they do not have their ID on them? They will effectively be disfranchised because they cannot go back and pick it up. The Electoral Reform Society estimates that at least 2.1 million people without photo ID will miss their chance to vote.
Let us consider what this Bill could have done. It could have introduced automatic voter registration. It could have expanded the franchise to match what is happening in the devolved nations, and it could, as others have said, have created room for experiments to make it easier to vote in different places and at different times from those that we are traditionally used to in this country. I also echo the concerns of the RNIB. I think that Ministers rightly want to ensure that there is support for everyone who has particular requirements when it comes to votes, but that can be a both/and; it does not have to be an either/or.
As my SNP colleagues have already said, this has to be seen in the wider context. The repeal of the Fixed-term Parliaments Act 2011, the Police, Crime, Sentencing and Courts Bill, even the United Kingdom Internal Market Act 2020—all those are laws that enhance the power of the Executive and reduce the ability of voters and legislatures to hold the Executive to account. The Dissolution and Calling of Parliament Bill, which will be considered next week, means that only the Government—indeed, only the Prime Minister—will know the date of an election, and only the Government will know when the different regulated periods will actually kick in and people can campaign accordingly. That will make it very difficult for everyone else, irrespective of whether they are a political party or a third party, to understand how they are supposed to fit into those regulated periods. On top of that, the Police, Crime, Sentencing and Courts Bill will give the Government increasing powers to shut down dissent and suppress opposition. As for the United Kingdom Internal Market Act, it is the greatest power grab since devolution. The UK Government are now routinely legislating at will, and with complete disregard for the consent or otherwise of the devolved Parliaments.
Let us compare and contrast that with what is happening in Scotland. The Scottish election in May was held on the widest and most diverse franchise ever enacted in these islands: 16 and 17-year-olds, European nationals and refugees with settled status were all acknowledged and welcomed into democratic participation. What this Bill will bring about is a UK Government elected on an increasingly narrow and difficult franchise, and devolved Governments elected on increasingly wide and more inclusive franchises. That will have consequences for the legitimacy and the mandates of those respective Governments. Today, this Government are breaking one of their key manifesto promises while trying to deny the Scottish National party and the Green party in Scotland the right to implement their manifesto pledge on an independence referendum.
There is a tradition in this House of Representation of the People Acts that have sought to widen the franchise and make it easier and fairer for more people in different parts of society to vote. What we are presented with today is a Misrepresentation of the People Bill—a Bill which, possibly for the first time since 1832, will seek to reduce the number of people eligible or able to vote, will suppress democratic participation, and will put up greater barriers to political engagement. European nationals—the Minister keeps asking about this—who could vote in local elections in England are now no longer able to do so, as a direct result of the Bill. That is a reduction of the franchise, and it is part of a wider Tory agenda to centralise and control, but what it will do is strengthen the mandate and the legitimacy of the devolved institutions—and that includes the mandate for a second independence referendum.
Alberto Costa (South Leicestershire) (Con)
Let me directly address the comments just made by the hon. Member for Glasgow North (Patrick Grady) by warmly welcoming the Government’s proposals in the Bill, particularly those aimed at finally enshrining in law the rights of certain EU citizens to vote in local elections in England and Northern Ireland, elections to the Northern Ireland Assembly and police and crime commissioner elections in England and Wales.
As Members will recall, I, along with some others, have long championed the rights of UK citizens living in the EU and EU citizens living here in the UK. Safeguarding those rights has been an essential promise in our leaving the EU. In the UK, there are millions of EU citizens who have made it their home, contributing to our economy, wellbeing and culture. Likewise, there are over a million British citizens contributing to the economic wellbeing of the EU countries that they now call home.
Following the motion on citizens’ rights that I put before the House in February 2019, the House reaffirmed its determination to protect the rights of citizens affected by the UK’s withdrawal from the EU. It was the only occasion, as far as I can recall, when the House was absolutely unanimous on a major Brexit issue. I am very proud of having helped to protect the rights of millions of innocent people.
This Bill builds upon those commitments by ensuring that EU citizens with settled status will continue to hold the franchise for local elections in England, elections to the Northern Ireland Assembly and elections of police and crime commissioners in England and Wales. The Bill will provide EU citizens with the necessary protections and peace of mind by ensuring that their voices continue to be heard at local and regional levels in England, Wales and Northern Ireland.
Anthony Browne
I very much praise my hon. Friend for the work he did on protecting the rights of EU citizens. I think the whole House was grateful to him for that. I support the view on reciprocity. Does he think that the UK Government should encourage other EU countries to enable British citizens who live there to vote?
Alberto Costa
I thank my hon. Friend for that excellent intervention. That is exactly the ask that I have for Government Ministers this evening.
For EU citizens who may have arrived and settled after the implementation period’s completion—that is, from 1 January this year—I would like to welcome the additional steps this Government have taken in the form of bilateral arrangements with several EU member states, to which my hon. Friend has just alluded. Agreements are already in place with Spain, Portugal, Luxembourg and Poland. They mean that citizens of those nations who may have arrived after the transition period will also be afforded the right to vote in our local elections, and similarly, reciprocal arrangements will apply to British citizens resident in those countries. That goes beyond the obligations envisioned by the EU in the withdrawal agreement, and the Government are to be commended for their choice to enter into bilateral arrangements with those individual EU member state countries, ensuring that wherever possible we enhance the rights of UK citizens living in those countries as well as the citizens of those countries living here.
Alberto Costa
Not at the moment.
I understand that the Government are open to further such agreements with other EU member states, and that is a most welcome prospect. It would mean that their residents and British citizens could benefit from future voting arrangements. As chairman of the all-party parliamentary group for Greece, I recently met the secretary-general of the Greek Ministry of Foreign Affairs, Ambassador Demiris, in Athens, and informed him of the UK Government’s offer to enter into bilateral agreements with EU states on the granting of mutual franchise rights in municipal elections, as envisioned in this Bill. I would welcome the Government writing to me to explain what measures they are taking to proactively encourage uptake of their offer to enter into such bilateral agreements.
Alberto Costa
I think the Minister is nodding to suggest that she will write to me on that matter.
But the Government have gone further still. EU nationals who do not fulfil the qualifying criteria set by the Bill—for instance, those who have come to the UK post the implementation period completion date of 1 January 2021 and do not hold settled status, but who were elected into a public role as defined by the Bill in schedule 7—have the protection afforded by the provision of part 4 to continue in office for the period of their elected term. Again, this is a sensible, welcome measure to protect the rights of those EU citizens. I will be supporting the Government’s Bill, and I very much look forward to seeing these important rights finally enshrined into law.
Several hon. Members rose—
Mr Deputy Speaker (Mr Nigel Evans)
Order. The wind-ups will begin at 6.40 pm. This will be the last speech of four minutes, and we will then move to a time limit of three minutes.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I want to take a few seconds to place on record my congratulations to my hon. Friend the Member for Chesham and Amersham (Sarah Green) on her excellent maiden speech. I am sure it is a matter of easy consensus in the House that Lib Dem maiden speeches are all too rare these days, and I thought my hon. Friend’s speech was exceptionally fine. As a former Chief Whip for my party, I was delighted to hear her declare her intention to prosecute her constituents’ case with an independence of mind to match that of the late Cheryl Gillan.
“If I am ever asked, on the streets of London, or in any other venue, public or private, to produce my ID card as evidence that I am who I say I am…then I will take that card out of my wallet and physically eat it in the presence of whatever emanation of the state has demanded that I produce it.”
Those are not my words, but the words of the Prime Minister. I think we should watch the Division lists this evening with some interest. I have no doubt that he will perform that feat of gastronomic improbability while lying in front of a bulldozer to stop the creation of a third runway at Heathrow.
The difficulty that the Government face in introducing the Bill is that their proposals for voter identification seek to produce a solution for which there is no obvious problem. That is not to say that voter personation does not happen. We have heard instances of it described today, and indeed we knew for many years that it was a substantial and real problem in Northern Ireland. That is why, having identified the problem, it was right for the then Government to act to end it. But to justify the measures in this Bill, the Government should first have provided evidence to show there is a problem, and they have singularly failed to do so.
The hon. Member for Hazel Grove (Mr Wragg) said the Bill would have benefited from prelegislative scrutiny, and he is absolutely right. The cost-benefit analysis is to be seen in the pilot that the Government carried out in 2019 when, of the 2,000 people who were turned away from polling stations, 700 did not return, which should give us serious pause before we go down this road.
If the Treasury Bench, having missed the opportunity for prelegislative scrutiny, are able to get this Bill, in its current form, through both Houses—I anticipate that will be a bigger ask in the other place—they should undertake a programme of post-legislative scrutiny to ensure that the promises they make tonight are honoured in the execution.
My hon. Friend the Member for Edinburgh West (Christine Jardine) told me that she appears on the electoral register as Christine Jardine, but her passport shows her married name. That is by no means unusual, as in Scotland one’s name is the name by which one chooses to be known. That sort of thing could have been teased out by prelegislative scrutiny, but it is now too late.
There are many other issues about which I am concerned but, unfortunately, time is against me. I will vote against the Bill tonight.
Anthony Browne (South Cambridgeshire) (Con)
The first time I went to a polling booth, I brought some ID with me. I assumed that surely I would need to prove who I am, so I was stunned when I was told, “Actually, no, you don’t need to show any ID.” I remember little 18-year-old me thinking that democracy is our most valuable asset, yet anyone can vote in someone else’s name without anybody checking.
It is often said that justice not only needs to be done but needs to be seen to be done, and the same could be said of democracy. Democracy not only needs to be fair; it needs to be seen to be fair. We have to accept that we have a problem in this country. At the last election, a constituent came to me after he went to vote but found that somebody had already voted in his name. There was nothing he could do. His vote was stolen. Would Opposition Members say to him, “Well, actually, the Government should not do anything to stop your vote being stolen in future”?
It is often said, and many Opposition Members have been saying it, that the rate of voter fraud in the UK is very low, but how would we know? By definition, it is a hidden crime. Reported cases are low, but we do not know the actual rate. The truth is that, without safeguards, bad practice drives out good practice, or it can do. Like MPs’ expenses or phone hacking by journalists, if people do bad things and others see them get away with it unpunished, those people will think they can also do it.
I worked for the Prime Minister when he was Mayor of London. I was not as directly involved in Tower Hamlets as some of my hon. Friends, but I knew many of the politicians. The electoral fraud happening there was an open secret for years, totally undermining local democracy. I wondered why nothing was done about it, and I was very frustrated.
Alberto Costa
Does my hon. Friend agree that Peter Golds, an excellent Tory councillor, has done so much to highlight that very issue?
Anthony Browne
Absolutely. Peter Golds is one of the politicians I talked to at the time, and he has done excellent work in trying to restore trust in democracy in Tower Hamlets. Ridiculously, it was not until 2014 that the courts annulled the election; we should never have been able to get into that situation. There are endless stories in the media about voter fraud. Confidence in the integrity of democracy is being eroded, and there is a clear solution. The Electoral Commission said, after its research, that two thirds of voters say they would have more confidence in the security of the voting system if there was a requirement to show voter ID. As my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) has said, the OSCE, which normally bothers itself about the emerging democracies in eastern Europe, said after the 2010 UK elections that
“serious consideration should be given to introducing a more robust mechanism for identification of voters.”
I agree with that.
I also agree with Opposition Members that this must not lead to the disenfranchisement of voters. However, as we have heard, 99% of voters already have a photo ID of some sort and those who do not can get free photo ID from their local council. Labour introduced voter ID in Northern Ireland in 2003 and there is no evidence of disenfranchisement there. As I mentioned, many of the leading and most respected democracies in the world have already got voter ID—Norway, Sweden, Canada, France, Italy, the Netherlands, Germany and Austria have it. We are in many ways an outlier in Europe. Voters are losing confidence in democracy in Britain and we have a duty to ensure that democracy is both fair and seen to be fair. We must introduce voter ID, and I commend this Bill to the House.
Rachel Hopkins (Luton South) (Lab)
I refer to my declaration in the Register of Members’ Financial Interests. I am pleased to be called to speak in the debate on this Bill as it directly threatens the functioning of our democracy. On 13 July, I held a Westminster Hall debate on the Government’s voter ID proposals, when I made the point that voting is safe and secure in Britain. The introduction of photographic voter ID will only work to reverse decades of democratic progress in the UK. As we have heard, according to academic research 99% of election staff do not think that fraud has occurred in their polling stations and 88% of the public say that they think our polling stations are safe. So this Bill offers a solution without a problem. There was just one conviction for personation out of more than 59 million votes cast in 2019.
The Electoral Reform Society has said that in the US and the UK the richer someone is, the more likely they are to have photo ID, and that gets to the nub of the issue. It does not matter how the Conservative party tries to dress it up, these plans will make it harder for working class, older, black, Asian and ethnic minority people to vote, and for those who are unemployed or disabled to do so. According to the Cabinet Office’s figures, this move is going to cost the taxpayer £120 million over 10 years.
The Equality and Human Rights Commission has warned the Government that photographic voter ID will disproportionately impact voters with protected characteristics, and if voters are disenfranchised, it would violate article 1, protocol 1 of the European convention on human rights, which was incorporated into domestic law by the Human Rights Act 1998. The Windrush scandal showed how some communities struggle to provide official documentation, and we have seen the severe consequences of that. Some 3.5 million citizens do not have access to any form of photo ID, and the Government’s solution of free voter ID also does not stand up to scrutiny, because their own research found that 42% of those without ID would not apply for a voter ID card. The Association of Electoral Administrators has raised serious concerns about the huge administrative burden that will be placed on already overstretched local authorities. So can the Minister confirm that the plan is to make councils such as my local Luton Borough Council, which has had more than £150 million stripped from its budget in the past 11 years, deliver and enforce photo ID cards, alongside the added burden of registering millions of new overseas electors, and on top of boundary changes? The proposed plan is not credible and it is out of touch with reality.
In my concluding remarks, I very much wish to echo the comments made by my hon. Friends the Members for Erith and Thamesmead (Abena Oppong-Asare) and for Cynon Valley (Beth Winter) about our opposition to the Bill’s attack on free and fair campaigning by non-party activists such as trade unions and charities in respect of campaigning for or working with political parties to a joint goal. This legislation erodes our democracy and takes votes and power away from working people, and I will be opposing it.
Alec Shelbrooke (Elmet and Rothwell) (Con)
I can do no better than repeat what my hon. Friend the Member for Bolsover (Mark Fletcher) said about voter ID, which has been explored a lot today. I should add that I have heard many odd conspiracy theories from the Opposition in this debate, not least from the hon. Member for Cynon Valley (Beth Winter), who said that Vote Leave was a branch of the Government. I think David Cameron and George Osborne might take issue with that.
In the brief time I have, I want to focus on the parts of the Bill that deal with online campaigning, digital media and digital imprints. Probably one of the most dangerous and pervasive abuses in our political system has come through the growth of social media. I am lucky: I am a man—I do not get the horrific abuse that women get when they stand in politics. Men can have sympathy with that but not empathy, because I have never been told that I am going to be raped and murdered, that my children are going to be killed or anything like that, but women experience that on social media on a daily basis. The provisions in the Bill to crack down on the intimidation of candidates and people who put themselves forward for public services are extremely welcome.
There is an important point to be made about faith in democracy. Lots of people have mentioned the American election, and I also want to do so. What happened on 6 January was an utter disgrace, and everybody who values democracy believes that, but it was mainly amplified to that public by social media and the outputs that stirred it up. We cannot stop that, but when there are other campaigns with conspiracy theories underneath, we can demand that there be an imprint on social media content to say where it has come from.
In general election campaigns, conspiracy theories are pushed that seek directly to undermine the validity of democratic arguments. We in this Chamber may have huge disagreements, but we all know that we cannot have a democracy unless we disagree with each other, and there should be an honest debate about that among us. If stuff is being published and we do not know where it comes from, we have to question its validity. Equally, if we say that it is from the Conservative party, the public will view it as a message from the Conservative party and certain things will be built in in respect of how people interpret and view that.
The steps in the Bill that cover the development of electronic media over the past couple of decades are an important, modern way to address an issue that so far has not been addressed. As an overall package of measures, the Bill has my full support.
Joanna Cherry (Edinburgh South West) (SNP)
Much of the opposition to the Bill has been focused on concerns about voter ID, but there are broader concerns that I wish to address.
The Joint Committee on Human Rights has produced a detailed report of the human rights implications of voter ID, and I commend it and our recommendations to the House. I believe in evidence-based policy making, and from the evidence the Committee heard we concluded that the voter ID measures risk making voting less accessible to some people and will have a discriminatory impact on some voters with protected characteristics under the Equality Act 2010, including the disabled, certain ethnic minorities and Gypsy and Traveller communities.
We on the Committee want the Government to explain why they have concluded that a voter ID requirement is necessary and proportionate, given the very low number of reported cases of fraud at polling stations; the even lower number of convictions and cautions; the potential for the requirement to discriminate against voters with protected characteristics; and the lack of any clear measures to combat potential discrimination faced by those groups, including disabled people and older people. I hope that I might hear from the Minister the answers to those question, which were posed by a cross-party Committee of MPs and peers.
Many Members ask why the Government are focusing on voter ID, given the lack of evidence that it is a significant problem. I wonder whether perhaps it is in the Bill to distract us not just from what else is in the Bill that should not be there but from what is missing. Part 4 seeks further to regulate third-party campaigning in elections, but an opportunity to comprehensively update our rules on transparency in political finance has been missed. As other Members have said, the lack of transparency in respect of donations from unincorporated associations is a particular concern.
Martin Docherty-Hughes
The Bill fails to understand the total degradation of democracy through unincorporated organisations. Does my hon. and learned Friend agree that the Government need to grasp that thorn and deal with it?
Joanna Cherry
Indeed, I do, but I do not think that the Government want to grasp that thorn. We already know that some Tory and Unionist associations in Scotland are doing rather well out of dark money from such sources.
It is part 3 that contains perhaps the most egregious aspect of the Bill. The Government seek to take to themselves the power to prepare a strategy and policy statement for the Electoral Commission. I know that the Bill also says that Parliament must approve that strategy, but, with the Tory majority on the Government Benches, it is unlikely to be more than a rubber-stamping exercise.
The Speaker’s Committee is the primary mechanism through which the Electoral Commission is accountable to Parliament. It will have the job both of evaluating the commission’s performance against the statement to be produced by the Government and of holding the commission accountable. However, as I understand it, for the first time ever, the Speaker’s Committee on the Electoral Commission is now composed of a majority of MPs from the governing party. Accordingly, the independence of the commission and its accountability to Parliament—not to the Government, but to Parliament —is under real threat from part 3 of this Bill. This Bill is not the way to enhance the independence and role of our democracy watchdog. Part 3 needs radical amendment in line with the recommendations by the Committee on Standards in Public Life, including powers to obtain information and an increase in the maximum fine for wrongdoing.
Before I sit down, I will renew the request that I made to the Minister during my intervention. It is very good to see her back in her place, but I would like her to answer this question: how many of the 47 recommendations made by the Committee on Standards in Public Life are the Government prepared to accept and bring into this Bill by way of Government amendment? I would be grateful if she could answer that question in her summing-up.
Tom Randall (Gedling) (Con)
It is a pleasure to follow my hon. Friend the Member for Bolsover (Mark Fletcher) with whom I have campaigned for many days and hours in Tower Hamlets. My first experience of Tower Hamlets elections was the infamous 2014 election, which was later declared void. As a polling agent at Three Mills Primary School in the Isle of Dogs, I watched from afar as voters ran a gauntlet of activists brandishing leaflets. The activists were very aggressive to voters, especially women, as they entered the polling station. When I went in to speak to the police officer about it, he shrugged his shoulders and said, “Tower Hamlets, innit.”
What I saw at Three Mills Primary School was not the worst. The Mawrey judgment quotes a Labour polling agent who said that she was with her husband in the car and people were banging on the windows with leaflets. She said:
“The situation was so bad that I thought there was going to be some sort of accident. I could not even open a door and we had to go down another road.”
An election was stolen in Tower Hamlets, but despite all the intimidation, it did not actually cross the threshold of an electoral offence, so I am glad that that aspect is being tightened up. There has been a constant refrain today that fraud is rare, but it is like a curate’s egg; if it is bad in parts it affects the whole, and it has been partially bad in Tower Hamlets, Slough, Birmingham and elsewhere. I welcome both the reform to handling proxy votes and postal votes and the introduction of voter ID. As Mawrey identified in his judgment, there was at that election in Tower Hamlets an appreciable amount of impersonation by false registration.
I would like to focus the limited time that I have on the police, because there has been constant talk about the fact that there is no evidence of electoral fraud. Well, there will be no evidence if the police do not investigate it. Before the Public Administration and Constitutional Affairs Committee this morning, Peter O’Doherty of Thames Valley police said that the situation was much improved. I did not embarrass him by saying that he was starting from a very low base. Mawrey, in his judgment on conduct at polling stations, said:
“In the light of the two other groups of statements, an unkind person might remark that the policemen and polling staff had appeared to take as their rôle models the legendary Three Wise Monkeys.”
There has been a whole catalogue of allegations, and I do not have time to go through them this afternoon. Many of the allegations that have arisen from the Rahman trial have not been investigated by the Metropolitan police. I think that there is scope—I appreciate that it is outside the scope of this Bill—for complex electoral fraud to be taken out of the hands of the police and possibly placed with a specialist unit.
Alec Shelbrooke
I am listening very carefully to what my hon. Friend is saying. Do his comments basically throw out this argument that only three people have ever been prosecuted?
Tom Randall
I will give my right hon. Friend one example, of which there are many. In the Mawrey judgment of 2014, Kabir Ahmed was found to have used a false address to register a vote, but no further action was taken. Having had no action taken against him, he was elected as the Aspire candidate in the Weavers ward by-election in Tower Hamlets last month. There are people who are getting away with it, and people will continue to get away with it if no action is taken.
I support the Bill but there needs to be a culture change, with the development of specialist officers, perhaps from a different agency within the police, other than a county force. I welcome these measures, but they are just a start. If we are going to increase the number of convictions for electoral fraud, we need to ensure that we have the systems in place properly to investigate these cases, and then we will have numbers to show how widespread the problem can be.
Geraint Davies (Swansea West) (Lab/Co-op)
As you may know, Mr Deputy Speaker, Aneurin Bevan famously said that in the struggle between property and poverty, as poverty grows, property will attack democracy. That is what we see today. We need to answer the question: cui bono? Who benefits? We know that 3 million people do not carry photo ID and that 40% will turn away from voting if they forget their ID, which people often do. Something like 30% of people do not vote in general elections anyway, and our focus should be to increase the franchise, not decrease it.
Poverty is spiralling upwards. Universal credit is going to be cut, and 7 million people in Britain are in hunger and poverty. We know that the plan is to tax jobs with national insurance, rather than a progressive tax. This Bill is designed to ensure that those who are hit hardest—the poorest—will find it more difficult to vote. I very much support evidence-based policy, but this is not evidence-based; it is looking for the evidence. To tighten up on personation, we could just get the police to do more checks within the existing law.
These provisions are part of a pattern of consolidating power and preventing democracy from turning the Government over to another political party. We have seen it in the banning of the right to peaceful protest; with the up and coming review of judicial power; with the boundary changes, the United Kingdom Internal Market Act 2020 and even the Fixed-term Parliaments Act 2011. All those things consolidate power and do not support the fundamental values that all parties should support: justice in the rule of law, democracy and human rights. We see the restriction on what charities and communities can say, while we allow overseas donors more influence in our politics. We see the Electoral Commission politicised. We saw the rhetoric of the Trump supporters, who said, “Stop the steal”, alleged personation and stormed the White House. We are supporting that sort of thinking, which is without basis.
This Bill is a missed opportunity. As has been mentioned by my hon. Friend the Member for Cynon Valley (Beth Winter) and others, in Wales we are moving forward with democracy, including through 16-year-olds having the vote and proportional representation options in local government. Our focus should be to enhance, renew and embolden our democracy, our human rights and the rule of law, but I fear that this Bill is part of a pattern to diminish them, and that over time we will all regret this fundamental mistake.
Robbie Moore (Keighley) (Con)
Even before I was elected to be MP for Keighley, it was clear that the framework in which elections took place left the door wide open to electoral fraud. In fact, my constituency is deemed to be at high risk of such fraud, with one in five reports of electoral fraud coming from the West Yorkshire area. These includes cases of bribery, false statements and exerting undue influence on voters.
The key reason for the problem is the national postal vote system. Changes to the system are required. The Bill shows encouraging signs, shortening the time in which someone may register to vote by post, prohibiting political campaigners from handling postal votes and limiting the number of electors on whose behalf someone may hand in a postal vote. All those measures will help, but I fear that we could do more to protect the postal vote system. That is why I politely ask the Government to explain how the changes to postal voting will help to stop electoral fraud in its entirety. What reassurances can the Government give that merely shortening the amount of time that someone can have a postal vote before simply renewing it will stop such a postal vote being misused in that shortened period? Equally, how will prohibiting political campaigners from handling postal votes in public stop what we all know goes on behind closed doors?
In Keighley there are known situations with the head of the household guaranteeing multiple postal votes to candidates, postal vote harvesting, false registration, undue pressure being put on individuals to pass across their postal vote, and multiple individuals being registered to a single household when it is known that they are not all residing there in their full capacity. In Keighley we have known about these issues for far too long.
I hope that the Bill, as it progresses, will help to address some of these issues, but I would like the Government to go further to address some of the others. For example, why not have postal votes apply only for specific reasons such as for those who are sick or elderly or those who can demonstrate that they have to be away from home for specific reasons? More debate is worthy on that. Likewise, the right to automatic renewal for a postal vote should be reviewed, and when a reapplication is made for a postal vote, proof of identity must be given.
Our elections are precious. What I want to see in Keighley and beyond must be shown to work and must be done to improve our electoral system, particularly for postal voting.
Kenny MacAskill (East Lothian) (Alba)
I have two caveats and two anecdotes. First, all legislation requires to be taken in the round and in the general context that Members have mentioned, and that is why I am concerned about this Bill as a whole as opposed to just specific aspects. Secondly, it is a privilege to be an elected Member, and we have a duty to nourish and cherish democracy. In that respect, this Bill fails because it challenges democracy.
Of my two anecdotes, one describes what needs to be done to support the democratic aspects that we should all welcome as elected Members, and the second is a warning about the apparent direction of travel. First, I commend to the Minister, and anybody else in the House, “Civic Literacy” by Professor Henry Milner, formerly of Laval and of Oulu in Finland, whose book explains what works about why people vote. He correlated and contrasted why countries such as Belgium and Australia, where it is a criminal offence not to vote, have a lower turnout than in Scandinavian countries where it is not. He explains the aspects that matter. Much of it is not about legislation. It is perhaps very laissez-faire, but in a much wider context. It is about public sector broadcasting, which is why comments made about Channel 4 are important. It is about a quality press. It is about civic education in schools. These aspects are important and that is the direction of travel we should be pursuing.
Alberto Costa
The hon. Member is explaining some very noble values about the democratic process, all of which I agree with, but can he explain why in his current party, Alba, and in his previous role as a Scottish Government Minister in the SNP Government, he denied hundreds of thousands of Scottish women and men the right to have a vote in the Scottish independence referendum, which was about breaking up the very nation that they came from? Can he please explain why there was a democratic deficit there?
Kenny MacAskill
That is a past debate, and the people of Scotland will decide the future in a referendum in due course.
Let me deal with the warning. It comes not from the OSCE, which has been mentioned, but from the Carnegie Council for Ethics in International Affairs. I remember a friend of mine who worked for it sending me a CD of what had happened in the Soviet Union as it was about to collapse and before the Commonwealth of Independent States—the Russian Republic—was formed. The Heritage Foundation moved in, giving lectures to people who became oligarchs—governors of huge tracts of land probably larger than the United Kingdom. They were taught two things about democracy. The first was, “Don’t bother about turnout, because the lower the turnout, the higher the leverage for you.” That was teaching people about democracy—those who had not had it since the Russian revolution. That is the direction of travel. Secondly, it was about demonising minorities. When we look at Putin’s Russia, we see voter suppression and indeed demonisation of those from the Caucasus or elsewhere.
That is the threat that we face. We have to take actions as a legislature that encourage people to participate, not take steps that discourage people from participating. That is about electoral politics, and it is what we should be doing.
I cannot remember who it was, but someone made comparisons with the southern states of the United States and what we are sadly seeing replicated not just in the Jim Crow states but in other states. The direction of travel is not perhaps yet south of the Mason-Dixon line, but the direction being pursued by this Government with this piece of legislation and with wider aspects is most definitely the type of thing that we used to think was left in the history books. Those things come from the Mason-Dixon line and were fundamentally about disenfranchising people whom those in power did not wish to vote, because they knew that the ability of the wider electorate to participate would threaten their power. It is for that reason that I oppose this Bill.
Aaron Bell (Newcastle-under-Lyme) (Con)
As many colleagues have said, confidence in our electoral system and the ballot is crucial. Members may not be aware, but we experienced a very troubling incident in 2017 in Newcastle-under-Lyme. It was a case of incompetence, rather than fraud. In the general election of 2017—I was not a candidate then—approximately a thousand people in Newcastle-under-Lyme were disenfranchised. Approximately 500 students who tried to register when the snap election was called were not registered in time, and approximately 500 people who sought postal votes because they were going to be on holiday did not get their postal votes. This was incompetence, not fraud, but an investigation was carried out. It did not go to an election court.
The Association of Electoral Administrators produced a report on the failings of the council at the time, and the strength of feeling among the voters who missed out on their votes was very strong. One constituent of mine, who applied for a postal vote and did not receive it, wrote a letter to the chief executive of the council:
“For me a vote is not merely a mark on a paper; it symbolises my inalienable right to choose who shall govern me and set the tenor of my life for the next five years. This right and privilege has been won for us over many generations by brave and dedicated men and women and is a precious gift. That I have been robbed of it by some administrative incompetence is an insult to their legacy and a grave disservice to me.”
That is how he felt about being robbed by incompetence, but we have heard today of many cases where people have been robbed of their votes by fraud.
We have heard anecdotal evidence from individual Members. My hon. Friend the Member for South Cambridgeshire (Anthony Browne) gave us a case, and my hon. Friend the Member for Wycombe (Mr Baker) described very troubling cases. We have heard Government Members who directly experienced what happened in Tower Hamlets in 2014, including my hon. Friends the Members for Gedling (Tom Randall) and for Bolsover (Mark Fletcher). People had their votes stolen. We all want people to vote—I completely subscribe to what my constituent said—but we want them to vote once, as my hon. Friend the Member for Wycombe said—and the Bill will ensure that happens. It will make sure that people cast their votes once and once only, and not under the duress that we have seen far too often.
I do not have time to go over some of the other cases, such as the Slough case or the Birmingham case, which was described as “a banana republic”. The judge in the Slough case at the election court in March 2008 noted:
“Recent legislation has addressed and largely solved the problem in Northern Ireland but there has been a flat refusal to introduce similar measures in mainland Britain.”
Finally, over 13 years later, we are introducing those measures that were called for under a Labour Government way back in 2008. I welcome what the Minister said in her speech.
People need ID to collect a parcel, to use a concessionary bus pass and even to attend Labour party meetings, as others have said. People need ID to vote in Northern Ireland—legislation introduced by Labour. As for the issue of why people should be disenfranchised by not having ID, we have addressed that point in the Bill—there will be free ID for everybody. We will make sure that people know how to access that ID.
I do not have time to go into the other elements of the Bill that I support. I hope to be able to engage with the Minister as the Bill progresses through Committee and on Report. I wholeheartedly support this legislation.
Paul Bristow (Peterborough) (Con)
My constituency regrettably has seen proven electoral fraud. Local politicians have gone to prison for electoral offences. It continues to have wards with postal vote rates that are way in excess of the national average, and local concerns about personation were sufficiently serious that my council had to install CCTV cameras at polling stations on the day I was elected.
One of the worst arguments—we have heard it regularly today—against voter ID at polling stations is the claim that there is no evidence of a problem. We have a system that largely operates on trust, making it almost impossible to detect acts such as personation, yet critics of this Bill take this failure to detect an undetectable crime as proof that it does not exist. Quoting statistics is pointless. Any of us can have a guess at its prevalence, but, having spoken directly to people who were denied a ballot paper because they were marked as having already voted when they had not, I take my own view.
Opposition Members may say that there is not a problem, but leaving our electoral system wide open to abuse is a problem in itself. That is what their argument misses completely. When most members of the public realise how unchecked and uncheckable our system is, they are shocked. That applies doubly to new arrivals in our country who have often seen electoral malpractice for themselves in other parts of the world, where elections are far from clean. It was notable that during the Government’s photo ID trials, confidence in our electoral system increased most among ethnic minority voters. They are at the most risk of having their votes stolen and are most grateful for safeguards to protect them.
I turn quickly to postal votes. Irregularities are easier to spot, but they can also occur at much greater scale. In 2008, three Peterborough Labour candidates were convicted of electoral fraud offences. They were diverting postal ballots to addresses that they could access, collecting them and fabricating votes. The main protagonist received a 15-month sentence. That was postal vote harvesting with a capital H, but other forms have not been addressed. Still now, every time we have an election, those same activists are seen and photographed leading postal vote teams and pictured telling at polling stations. They have even turned up to recent elections. At my count in 2019, the same people were there.
This is an issue in Peterborough and we cannot bury our heads in the sand. For that reason, this is a long-awaited Bill that will clean up democracy and restore faith in the electoral system in my city.
Jerome Mayhew (Broadland) (Con)
Last week, my daughter turned 18. It was a day of enormous pride for her and for us. I would like to say that she was proud because she was adopting her civil responsibilities in full, but actually it was because she could buy alcohol. She celebrated the fact by getting on her bicycle with a friend and bicycling off to the local village shop. She was asked to present ID, and she was delighted to do it as part of the rite of passage of attaining adulthood. The point of that story is that we require ID when the act being undertaken is either important, such as collecting parcels or learning to drive a car, or personally damaging, such as buying alcohol or cigarettes or—it is a cheap joke—attending Labour party conferences.
In my view, the right to vote is as important as collecting a parcel, and the theft of a person’s right to vote is every bit as damaging to society as the 17-year-old buying a pint. It is a key right of citizenship, and it provides the basis of all our political power in this place and around the country. I think it extraordinary that up until now this right has not been protected in any way other than being asked to give a name.
ID protection is long overdue to maintain public confidence in the system. We have heard evidence from hon. Members that two thirds of the population would have their confidence in the fairness of voting increased with photo ID, and research on the 2019 voter ID pilot found that, among ethnic minorities, a staggering 97% of respondents said that they had increased confidence in elections being free from fraud and abuse when photo ID was used. This is really important stuff. We heard from my hon. Friends the Members for Gedling (Tom Randall) and for Bolsover (Mark Fletcher) that this is not the PR stunt that Opposition Members suggest; it is real. The risk of electoral fraud does exist and needs to be tackled. We have heard the evidence from Tower Hamlets and Birmingham that shows how ethnic minorities in particular are targeted and how their rights have been infringed more than any other section of our community’s. They deserve better, and that is why the Government are standing up for them.
The Opposition say that there is no hard evidence of fraud. That is reminiscent of the response of the Labour Government back in the day when they were faced with the evidence of organised electoral fraud by sitting Labour councillors in Bordesley Green and Aston. The election judge said that
“there is likely to be no evidence of fraud, if you do not look for it. Especially if a policy decision is made not to look for it.”
He described Labour’s position as
“a state not simply of complacency but of denial.”
We have heard the same denial today.
I am glad that the Government are not complacent on electoral fraud and, unlike Labour, not in denial. Photo ID is the right step to take to look for fraud. I fully support the Bill.
Fleur Anderson (Putney) (Lab)
It is a pleasure to close this debate on behalf of the Opposition, and I thank my hon. Friends the Members for Erith and Thamesmead (Abena Oppong-Asare), for Norwich South (Clive Lewis), for Cynon Valley (Beth Winter), for Luton South (Rachel Hopkins) and for Swansea West (Geraint Davies) for their contributions. I congratulate the hon. Member for Chesham and Amersham (Sarah Green) on her excellent maiden speech, really bringing her constituency to us—I feel that we lived part of her beautiful constituency—and I am sure she will be standing up for her constituents in the years ahead.
Labour will be voting against this legislation today. My colleagues on the Labour Benches behind me have laid out in clear terms the dangerous consequences of this legislation. This legislation is unnecessary and expensive, costing £120 million over the next 10 years—at least. It will have a chilling effect on democracy and it is an attack on free and fair campaigning. This legislation will see legitimate voters turned away from polling stations and local councils tied up in mountains of red tape and expense. It is a shameless attempt by the Government to rewrite the rules and rig democracy in favour of the Conservative party.
If passed, this legislation will reverse decades of democratic progress in the UK. The Government have not been honest with us here today or with the British public about the true intention of this Elections Bill. It has been presented as a quick-fix solution to polish up our democracy and introduce integrity into our system, but the truth is that our democracy does not have an issue with integrity; it is the Conservative Government who have the issue with integrity.
This Bill will disenfranchise millions of voters, and we all know that the Tories do better in elections the lower the turnout. It is time to be honest about what this Bill will mean in practice. This Bill will make it harder for working-class people, older people and people with disabilities, as well as black, Asian and minority ethnic people and people with learning disabilities to vote. If Government Members do not agree, will the Minister commit to an equalities impact assessment to work out whether this will be true? There are concerns from so many groups representing those people saying that it will disenfranchise those groups of people.
The voter ID proposals are simply not proportionate to the risk of voter fraud. The Electoral Commission’s own advice, following the pilot schemes in 2018 and 2019, is that
“we are not able to draw definitive conclusions, from these pilots, about how an ID requirement would work in practice”—
how will it work?—
“particularly at a national poll with higher levels of turnout or in areas with different socio-demographic profiles not fully represented in the pilot scheme.”
It very clearly concluded that the significant staffing and financial impact was disproportionate to the security risk of voter fraud. In the pilot, more than 1,000 people were denied a vote because of a lack of ID—1,000 people. Even if one person lacked their ID to vote, that should be a reason to rethink this Bill entirely.
Local by-elections took place across Great Britain between January and March 2020 and there were eight Scottish council by-elections in the autumn of 2020, and there are just three cases of voter fraud under investigation. This is using a sledgehammer to crack a nut and risks disenfranchising the 3.5 million people who do not have a photo ID for the sake of a tiny handful of fraud allegations. In 2019, there was a record turnout of 59 million votes, as many Members have said, but just one conviction for personation. Someone is more likely to be struck by lightning three times than to be convicted of voter personation, so why put in place this Bill?
Alberto Costa
I have sat here patiently and listened to the hon. Lady’s comments. I must confess I am not sure what Bill she is referring to. She is making a litany of allegations which are beyond surreal, if there is such a phrase. Can she please explain clearly why she thinks the people of Britain, who are astounded that there is not some form of proper voter ID, should not be given that security and certainty when going to the electoral vote?
Fleur Anderson
We do not have a national ID card and this image of people bursting out trying to get to the polling station at all costs is not the experience. It is hard to encourage people to vote. It is hard to encourage the most marginalised groups to go out and vote. They are the groups that will lose out the most from this. They find it hard to go out and get an ID. They will be the ones who will be turned away, who will not remember to bring the ID, who will not be able to bring it. All the rules on how to get this free photo ID are not clear: how will they go down to their town hall, what will they have to prove? There is barrier after barrier for the most disenfranchised people, as has been raised by many Members.
My hon. Friend the Member for Erith and Thamesmead raised the issue of the barrier for young people and older people. My hon. Friend the Member for Norwich South spoke of the disenfranchisement of those hit hardest by the Government’s policies. My hon. Friend the Member for Cynon Valley raised the concerns of 19 Welsh organisations—surely Conservative Members cannot just disregard those disadvantaged groups. She also raised the amazing work of the Welsh Government to make voting easier, while this Government will be making voting more difficult.
My hon. Friend the Member for Luton South raised the disproportionate outcome of these measures. My hon. Friend the Member for Leeds North West (Alex Sobel) raised the important issue of the glaring omission of student ID cards from the list of IDs. My hon. Friends the Members for Hornsey and Wood Green (Catherine West) and for Swansea West made passionate interventions about deeply concerning issues of voter suppression that is in keeping with the US Republican party. We cannot be deluded by Ministers into thinking the voter ID laws we are debating today are any different from the dangerous laws passed by the Republican party. The parallels we have drawn and the similarities are worth serious investigation. American civil rights groups have been fighting for years to combat restrictive voter suppression laws, particularly those affecting ethnic minority communities.
It has been asked, who opposes these measures? Leading civil rights groups such as the American Civil Liberties Union and the Southern Poverty Law Center came together to warn the UK Government that UK Government voter ID policies will harm democracy. Did this make the Minister think twice about that policy? When Age UK said that compulsory photo ID will make 4% of over-70s—that is equivalent to 360,000 people—less likely to vote, did the Minister reconsider that policy? When Lord Woolley of Woodford, director of Operation Black Vote, said in evidence to the Joint Committee on Human Rights that
“tens of thousands, if not hundreds of thousands, might be impeded by this imposition, clearly it is not proportionate and could actually have a monstrous negative effect”
did this make the Minister reconsider her policy? And when the Royal National Institute of Blind People raised serious concerns about the impact of these measures on blind people, did that make the Minister rethink the policy?
On the provisions on joint campaigning, these clauses are an attack on freedom of speech and association and undermine the independence of trade unions, charities and advocacy organisations. I was working for a charity when the gagging law came into place and saw the chilling effect on democracy. These measures are completely unnecessary. They risk tying up organisations in red tape and risk effectively gagging charities and pressure groups, who are a vital voice for marginalised people in our elections, but they will err on the side of caution for fear of falling foul of this law. That will have a chilling effect on our democracy with far-reaching impacts.
These measures are illogical. Political parties and non-party campaigners are different; they have vastly different expenditures at election time. It is unfair to apply these regulations jointly to such different organisations. The measures also breach key principles set out by the Committee on Standards in Public Life, as has been raised by Members.
Trade unions represent millions of working people, but the Government have shown in this Bill a commitment to cut those people out of our democracy. On foreign donations, the Bill is another example of the Conservatives bending the rules to benefit themselves. That is a wholly unnecessary change that weakens our electoral integrity.
If the Conservatives were serious about improving democratic engagement, they would extend the franchise to 16 and 17-year-olds, as well as concentrating efforts on registering the millions of adults in this country not currently on the electoral roll, starting with automatic registration. If they were serious, they would increase transparency and avoid opaque practices such as the use of private emails for Government business. They would be building pathways to voting, not putting up barriers.
This Bill is not necessary and not proportionate. It is a waste of taxpayers’ money that creates more problems than it solves. It reverses decades of democratic progress and needs to be completely overhauled.
The Minister of State, Northern Ireland Office (Mr Robin Walker)
I thank you, Mr Deputy Speaker, and all hon. and right hon. Members who have contributed this afternoon. It is a pleasure to once again take part in a full debate in this Chamber. May I take the opportunity to welcome the hon. Member for Chesham and Amersham (Sarah Green)? I congratulate her on a very gracious maiden speech and the kind tribute that she paid to her predecessor, who was a dear friend of so many on the Government Benches.
I welcome the opportunity to close this debate as the Minister with responsibility for elections in Northern Ireland, a part of our United Kingdom where photographic ID has been used successfully to support the integrity of elections for a number of years and where, thanks to legislation introduced by the last Labour Government with cross-party support in both Westminster and Northern Ireland, there is a higher degree of confidence in the integrity of elections than in any other part of the UK. One of the hon. Members from the SNP, who is no longer in his place, intervened to ask the Minister for the Constitution and Devolution about the evidence from Northern Ireland, and I want to talk a bit about that.
As we have heard, voters in Northern Ireland have first-hand experience of one of the measures at the heart of this Bill: the requirement to show photographic ID at polling stations. That requirement is an accepted and non-controversial part of elections in Northern Ireland that has been in place for decades and enjoys cross-party support. Although turnout in Northern Ireland is, historically, usually lower than in Great Britain, in the first election after the introduction of photographic ID, turnout in Northern Ireland was unusually higher than in England, Scotland or Wales.
Alec Shelbrooke
We have heard a lot of spurious arguments today about voter ID. Was that not exemplified just now by the hon. Member for Putney (Fleur Anderson), who said that low turnouts favour the Conservative party? There was a 59% turnout in 2001. I would like to erase the history of Tony Blair, but I believe that he had a 166 majority.
Mr Walker
My right hon. Friend makes a powerful point. Certainly, in my experience, the higher the turnout in my constituency, the higher my majority has turned out to be.
This measure in Northern Ireland has helped to prevent electoral fraud, and it has not affected participation. Labour Ministers said at the time of its introduction—I want to quote this in full—that the measures
“will tackle electoral abuse effectively without disadvantaging honest voters,”
ensuring
“that no one is disenfranchised because of them.”—[Official Report, House of Lords, 1 April 2003; Vol. 646, c. 1248.]
They added that
“the Government have no intention of taking away people’s democratic right to vote. If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time.”—[Official Report, 10 July 2001; Vol. 371, c. 739.]
I do not always agree with pronouncements from the Front Bench in the era of Blair and Brown, but in this case they were 100% right. There is no evidence that ID has negatively impacted turnout. Levels of satisfaction with the electoral process are usually slightly higher in Northern Ireland.
Jim Shannon (Strangford) (DUP)
I endorse what the Minister has said. We as a party will be walking through the Lobby with the Government tonight to support the Bill. Photo ID has been a success for Northern Ireland. We can vouch for that. It has stopped fraud and corruption. I had a discussion with the Minister earlier. The RNIB has expressed some concerns about the legislation. Will he agree to meet the RNIB to discuss those concerns?
Mr Walker
I am certainly happy to offer that meeting. My hon. Friend the Minister for the Constitution and Devolution mentioned earlier that she has had a number of meetings with the RNIB already and has been working with it, but she will continue to meet it as the Bill progresses, because that is vital. I am grateful for the hon. Gentleman’s illustration of the support for this measure in Northern Ireland.
Mr Walker
I will address the point that the hon. Gentleman’s party raised. One survey, conducted by the Electoral Commission in 2009 under the last Labour Government, just a few years after the introduction of photographic ID in Northern Ireland, found that 100% of respondents in Northern Ireland experienced no difficulty with presenting photographic ID at polling stations. As part of its post-election questionnaire in 2019, the Electoral Commission reported that 83% of voters in Northern Ireland found it very easy to participate in elections, as opposed to 78% across Great Britain, including, of course, Scotland.
Brendan O'Hara
Can I just clarify whether the Minister is drawing a clear and direct parallel between the situation in Northern Ireland in the 1990s and the situation in the United Kingdom in 2021? Is there a clear and direct parallel that joins the two that explains this legislation?
Mr Walker
The hon. Gentleman should want us to learn from what works in one part of the UK for the whole of the United Kingdom. I am very pleased to see the United Kingdom aligning further, with Northern Ireland leading the way as Great Britain takes forward a measure to protect the integrity of elections, which has been tried and tested to great effect in Northern Ireland.
Some of the wider claims we have heard in today’s debate are simply not borne out by the experience of Northern Ireland. They echo some of the scaremongering when this Government successfully introduced individual electoral registration. Many Opposition Members cried that that would result in mass disenfranchisement, but we saw the effect in the last UK general election, when a record number of people were registered to vote. The Minister for the Constitution and Devolution, one of the hardest working Ministers with whom I have had the pleasure to work and herself no stranger to Northern Ireland, excellently articulated the reasonable and considered approach we are taking across the Bill.
We heard a number of very powerful speeches in support of these measures from my hon. Friend the Member for South Thanet (Craig Mackinlay), my right hon. Friends the Members for Scarborough and Whitby (Mr Goodwill), for North Thanet (Sir Roger Gale) and for Basingstoke (Mrs Miller), my hon. Friends the Members for Wycombe (Mr Baker), for Southport (Damien Moore), for Leigh (James Grundy), for Bolsover (Mark Fletcher), for South Leicestershire (Alberto Costa) and for South Cambridgeshire (Anthony Browne), my right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke), and my hon. Friends the Members for Gedling (Tom Randall), for Keighley (Robbie Moore), for Newcastle-under-Lyme (Aaron Bell), for Peterborough (Paul Bristow) and for Broadland (Jerome Mayhew).
I want to try to answer some of the points that have been raised and some of the questions that have been put to me in Members’ contributions. Before I do, however, I think it is worth reflecting on the work undertaken to get to this point and the long pedigree of some of the measures in the Bill. This is not just a product of the Government or the Cabinet Office; it has been inspired, informed and enhanced by the input of a wide variety of organisations and individuals. We are grateful to a number of parliamentary Committees, many of whose thoughtful contributions are reflected in the measures and some of whose Chairs we heard from in today’s debate. To highlight just a few individuals, the important contribution of Lord Pickles has been critical in understanding the very real risks and challenges our electoral system faces. Similarly, the reports by colleagues in this House, as well as by the House of Lords Select Committee on Democracy and Digital Technologies, have highlighted key considerations, from the need for more transparency in areas of digital campaigning to political finance.
Along with the valued contribution of the electoral sector experts, I know the Minister for the Constitution and Devolution has been meeting a wide range of organisations in the voluntary and community sector, which have raised some important points and will play a vital role in ensuring that the detail that will be developed in secondary legislation will meet the needs of all those who manage and use our electoral services. In particular, she is committed to continue engagement with people with disabilities, other minority groups and some of the key groups of vulnerable people who have been all too often, as my hon. Friends the Members for Wycombe and for Bolsover pointed out, the major victims of electoral fraud.
I want to turn to some of the specific questions that have been asked. The hon. Member for Putney (Fleur Anderson) and her colleague the hon. Member for Erith and Thamesmead (Abena Oppong-Asare) asked about an impact assessment. I would direct them to the 21-page equality impact assessment and the 120-page impact assessment published alongside the Bill.
The hon. and learned Member for Edinburgh South West (Joanna Cherry) and the hon. Member for Lancaster and Fleetwood (Cat Smith) asked about the recommendations of the Committee on Standards in Public Life. I welcome the report published by the Committee in July. As the Minister for the Constitution and Devolution said, the recommendations will be given full and proper consideration, and the Government will respond. In fact, I should point out that we are bringing forward measures in the Bill which are closely linked to recommendations made in that report, such as a new requirement on political parties to declare their assets and liabilities over £500 on registration, and a restriction of third-party campaigning to UK-based or otherwise eligible campaigners.
My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) made a powerful speech, as he always does. Like many on the Government Benches, I happen to disagree with him on this particular one, but let me point out that the Government research he quoted also found out that 98% of people across the age groups have access to accepted forms of photographic ID already, 99% of people from ethnic minority groups have that level of access, and 99% of those aged between 18 and 29 already have an acceptable form of photographic identification.
The hon. Members for Ceredigion (Ben Lake) and for Cynon Valley (Beth Winter) asked about important issues of engagement with the devolved Administrations. Devolution means that we already have different arrangements for devolved and reserved elections. We do engage regularly and I can offer him the reassurance he sought that the strategy document will not undermine the partnership between the Electoral Commission and the devolved Administrations.
There are many other points that I would like to address, but I will not have time. Let me conclude by thanking hon. Members for all their valuable contributions. The Bill will place British citizens’ participation at the heart of our democracy and will keep it modern, secure, transparent and fair, so that our democracy can continue to thrive. I know that my hon. Friend the Minister for the Constitution and Devolution will do an excellent job of steering it through Committee, and I look forward to a lively debate in the next phase of its passage. I commend the Bill to the House.
Question put, That the amendment be made.
Elections Bill (First sitting)
Wednesday 15th September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 September 2021 - (15 Sep 2021)
The Chair
Before we begin, I have a few preliminary announcements. In line with current Government guidance and the House of Commons Commission’s decision, I encourage Members to wear masks when not speaking. Please give each other and members of staff space when seated and when entering and leaving the room. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk. Please switch off electronic devices or put them on silent mode. Tea and coffee are not allowed during sittings. Date Time Witness Wednesday 15 September Until no later than 10.25 am The Rt Hon Lord Pickles; Henderson Chambers Wednesday 15 September Until no later than 11.25 am Councillor Peter Golds; National Police Chiefs’ Council; Gillian Beasley, Peterborough City Council Wednesday 15 September Until no later than 2.30 pm Professor David Howarth, Professor of Law and Public Policy, University of Cambridge; Blackstone Chambers Wednesday 15 September Until no later than 3.15 pm The Electoral Office of Northern Ireland; The Electoral Commission; Association of Electoral Administrators Wednesday 15 September Until no later than 4.00 pm SOLACE; Birmingham City Council Wednesday 15 September Until no later than 5.00 pm Dr Kate Dommett, Department of Politics and International Relations, The University of Sheffield; Professor Justin Fisher, Director of Public Policy, Brunel University London; Darren Grimes Thursday 16 September Until no later than 12.15 pm Conservatives Abroad; Liberal Democrats Overseas; Labour International Thursday 16 September Until no later than 1.00 pm Race on the Agenda Thursday 16 September Until no later than 2.45 pm Matrix Chambers Thursday 16 September Until no later than 3.30 pm Disability Rights UK Thursday 16 September Until no later than 4.30 pm Dr Alan Renwick, Deputy Director of the University College London Constitution Unit
We will first consider the programme motion on the amendment paper. We will then consider a motion to enable the reporting of written evidence for publication and a motion to allow us to deliberate in private about our questions before the oral evidence session. In view of the time available, I hope that we can take those matters formally. I call the Minister to move the programme motion standing in her name, which was discussed on Monday by the programming sub-committee for the Bill.
Ordered,
That—
(1) the Committee shall (in addition to its first meeting at 9.25 am on Wednesday 15 September) meet—
(a) at 2.00 pm on Wednesday 15 September;
(b) at 11.30 am and 2.00 pm on Thursday 16 September;
(c) at 9.25 am and 2.00 pm on Wednesday 22 September;
(d) at 9.25 am and 2.00 pm on Tuesday 19 October;
(e) at 11.30 am and 2.00 pm on Thursday 21 October;
(f) at 9.25 am and 2.00 pm on Tuesday 26 October;
(g) at 11.30 am and 2.00 pm on Thursday 28 October;
(h) at 9.25 am and 2.00 pm on Wednesday 3 November;
(2) the Committee shall hear oral evidence in accordance with the following Table:
(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clauses 3 to 5; Schedule 3; Clauses 6 and 7; Schedule 4; Clauses 8 and 9; Schedule 5; Clause 10; Schedule 6; Clause 11; Schedule 7; Clauses 12 to 26; Schedule 8; Clauses 27 to 34; Schedule 9; Clauses 35 to 43; Schedule 10; Clauses 44 to 48; Schedule 11; Clauses 49 to 62; new Clauses; new Schedules; remaining proceedings on the Bill;
(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Wednesday 3 November. —(Chloe Smith.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Chloe Smith.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room, and will be circulated to Members by email.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Chloe Smith)
The Chair
We are now sitting in public. Do any Members wish to make a declaration of interest in connection with the Bill? No.
Examination of Witnesses
The Rt Hon Lord Pickles and Richard Mawrey QC gave evidence.
The Chair
Q
Lord Pickles: My name is Eric Pickles. I am a Member of the House of Lords and I also had the honour of sitting in the House of Commons. I wrote a report for the Government on trying to secure the ballot box, some of the recommendations of which are incorporated in the Bill. It is an honour and a privilege to be with Members of the House of Commons again.
Richard Mawrey: My name is Richard Mawrey, I am a QC at the London Bar, practising in the Temple. I have sat as an election commissioner—election judge—in most of the high-profile disputed local authority elections in the past 20 years, particularly those elections involving electoral fraud and other malpractice. In particular the elections in Birmingham, where the trial took place in 2005, and that concerning the former Mayor of Tower Hamlets, where the trial took place in 2015.
The Minister for the Constitution and Devolution (Chloe Smith)
Q
Richard, you highlighted in your judgment on Tower Hamlets and elsewhere how we see interlocking types of fraud that all together create broad criminality. Would you be able to talk us through the extent of that?
Richard Mawrey: Tower Hamlets was a particularly bad example. There, you had a political culture where winning and retaining power was everything. If there were rules, they were to be, at best, circumvented and, at worst, broken. Not only was there electoral fraud in the sense of false votes—almost all postal votes—but the system developed so there was misuse of public funds, which I later decided was bribery, largely as a result of Lord Pickles’ initiative to employ a top firm of accountants to investigate the doings of the council, from which it appeared that large sums of money had been diverted for political purposes.
In Tower Hamlets, the trickiest thing of all was manipulation of voters by religious means. That operated within one community: members of the Bangladeshi community, at the instance of the Mayor and his cronies, were being induced by their religious leaders to back one lot of Muslin politicians against another lot of Muslim politicians. It was not, as you might expect, Muslims versus the rest. They were saying, “If you are a good Muslim, you will vote for Lutfur Rahman and his chums. If you are not and you vote for someone else, whether Muslim or non-Muslim, you are beyond the religious pale.” Clearly, that was unacceptable, therefore I made my findings of undue religious influence.
There were also other things, such as the provision in the Representation of the People Act 1983 whereby you cannot make false statements about the personal characters of the other candidates. You may remember the case of Phil Woolas up in the Manchester area. If you go beyond that limit and go public saying, basically, that your principal opponent is a racist who supports racists organisations, when it is totally untrue, that is, again, unacceptable.
You have virtually the whole catalogue of offences laid down by the 1983 Act; they were almost ticking the boxes, one by one, as they did it. That is what happens when you have a political culture that gets corrupted, in all senses, into the belief that, “The rules don’t apply to us. We do what we want in order to get the results.” That is the danger that one perceives. Of course, Tower Hamlets was an extreme case.
The other cases that I tried were largely cases of straightforward voter fraud using postal votes—misuse of the actual votes themselves: stealing them, altering them, and that sort of thing—or putting on the register people who had no right to be there, either because they lived somewhere else or because they did not exist at all. Those are the problems that I have seen, although I must emphasise that my experience is entirely with local authorities, naturally, because parliamentary elections are tried by proper judges, so to speak.
However—I think that Lord Pickles will agree with me here—local authority elections are the easiest to manipulate. You have relatively small electorates, a relatively small geographical area, and communities, although not necessarily racial or religious communities, that can operate as a sort of support mechanism in any frauds that you are perpetrating. I do not expect a large amount of fraud in parliamentary elections, referendums, or anything like that, but it is a serious problem in local elections. I do not think that Lord Pickles would disagree with that.
Chloe Smith
Q
Richard Mawrey: Not so much proxy. Proxy votes are very rare, and proxy fraud is very rare. It is mostly personation, of both kinds: putting the wrong people on the register—what the Australians call “roll stuffing”—and misusing genuine votes for genuine people by diverting them, altering them, or, in some cases, simply destroying them.
Chloe Smith
Q
Richard Mawrey: I think the harm falls on the community as a whole if you have someone who is elected as a councillor, let us say, but has no right to be because the votes cast on their behalf are false. Take Birmingham, for example: in the two wards that I tried—although it was actually fairly common in all the wards with a substantial Muslim population—approximately half of the votes cast for the winning candidates were false. That is serious. The winning candidates got between 3,000 and 4,000 votes each. It was three per ward, so they got that, and their rivals got 200 or 300 below.
Of those 3,000-odd votes, somewhere between 1,500 and 2,000 were completely bogus. They were votes that had been harvested in various ways—not, funnily enough, by putting bogus people on the register. They had stolen voting papers. They had applied for votes to be sent to the wrong address. They had gone down streets collecting the voting papers from houses in multiple occupation—they would get themselves in and there was a huge pile of voting papers. They knew they would be there because they had applied, without the knowledge of the voters, for those votes to be postal votes. They went in, there was a pile of postal votes and the inhabitants of the block did not know. They collected the lot and filled them in.
If any of the people living in those houses went to vote in person, they were told, “Oh no, you voted by post,” much to their annoyance, as you might imagine. I had witnesses called before me who said, “I went down to the polling station expecting to vote, but they said, ‘I’m sorry, Mr Jones, but you’ve already voted.’” He said, “No, I haven’t,” and they said, “Oh yes, you’re marked: we’ve got your ballot paper.” So they, of course, are the losers.
The other thing is that if you have a culture of political corruption, it seeps into all other life. I think of the money in Tower Hamlets that could have been spent for the benefit of Tower Hamlets but that was actually being spent on providing, in effect, free meals for voters—which is what they were doing, among other things—and subsidising organisations that had not asked for a subsidy. Tower Hamlets is not a borough that has money to spare or to throw around, and I felt that the people who had lost out—I said this in my judgment—were what I might call the rank-and-file members of the Bangladeshi community that they were claiming to represent. They were the losers. If they were looking at it in any sort of tribal way, they were doing down their own kind—the people they were claiming were their power base. That is not tolerable.
Chloe Smith
Q
Lord Pickles: Yes. In terms of vulnerability, there might be the odd seat in the House that is vulnerable, but this is about local government. I think it would be a big mistake to say that this is just about voting, democracy and elections. It is actually about power and money. A place like Tower Hamlets has a budget of £1 billion. Many of the large cities have budgets of large sums of money. Even a small district council has considerable ability to dispose of assets and to make appointments.
The reason I put commissioners in Tower Hamlets was, like many things, based on quite a small thing. I looked at the small grants that were available to many organisations, some of which could be distributed by councillors. They were there to relieve poverty. I had a map that showed me where the grants had been distributed and another map that showed me where the deprivation was, and there was no relationship between the two. Then, I looked at the number of decisions that had been overturned by councillors and the number of decisions they had granted without a business plan. It was on that basis that we decided to put the thing through.
I was asked to look at it and we started taking evidence on the types of fraud. I have been involved in politics for a long time and have seen most things on the street, but I was quite shocked by some of the frauds that were being committed. Richard will be able to tell you about warehousing. There was a warehouse in Birmingham, I think, where they were literally changing the ballot papers on an almost commercial basis. There were things like carousel fraud, where a ballot is palmed—a fresh ballot is taken out, filled in and given to another person and it is palmed—as a way of controlling the election; landlords insisting on seeing a photograph of their ballot being completed; and people suddenly finding out that their landlord has registered six or seven people at their house just before an election, only for their names to disappear afterwards.
It is really important to understand that that is not endemic within the system; it is an example of how vulnerable the system is. If Tower Hamlets represents the future, we have to ensure that that future is terminated. We probably will not be burgled, but we lock our houses. The measures in the Bill are moderate and reasonable, and they ensure at least that we will not find some of our large cities run by kleptocrats—this is about rewarding friends; it is not necessarily about politics. Sorry, I went on a bit there.
Richard Mawrey: Could I just come in here on what Lord Pickles has said? The Bill addresses something that was a real problem in Tower Hamlets: the registration of political parties. The Electoral Commission blithely signed off Tower Hamlets First as a party, but it was a joke. It had no premises, and it had—as I discovered to my amazement by asking questions—no bank account. I said to Lutfur Rahman, “If I want to give a donation to your party, do I have to come along with an envelope of used non-consecutive fifties?” Obviously, he was dying to say yes, but that would clearly have been the wrong answer. You can see the levels to which it has come. If anyone can just say, “I am a political party,” and give themselves a name, you lay yourself wide open, particularly once they are registered and can say, “I am a registered political party and have all the rights of a registered political party.”
Lord Pickles: The system is vulnerable. To misquote John Major, it is about old maids cycling to evensong and drinking warm beer, and in most places, that rather twee, gentle system kind of works. When I was a councillor, in gentle rural villages in my own wards, it was fine, but where there is money, we have to protect the integrity of the ballot and of governance.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
Richard Mawrey: The Bill, as I read it, does not make any particular changes to the laws relating to bribery. The laws relating to bribery, in actual terms under the 1983 Act, are quite clear. The problem is that bribery was a common law offence, and it then became a statutory defence under the Victorians. Before the secret ballot, the Victorians had a system whereby you voted in public and everyone knew how you voted. Rich candidates would simply put money in the hands of the electors, who would not be very large in number, to pay them to go and vote. That was the principal thing that led to both the secret ballot and the introduction of electoral courts in the 1860s.
We have moved on from that now. Very few candidates have the sort of money that allows them to put fivers in people’s pockets, so to speak, but they do control public money. The answer is not necessarily electoral law, but better control, particularly in local authorities, of local authority finance. It is better auditing and more independent scrutiny. The law is clear; it is policing it that is the problem. You don’t need to change the law; you need to change the policing of it. Would you agree?
Lord Pickles: Yes, I think I almost certainly would agree. When it starts to go wrong, it is a terrible thing. I do not think I am betraying confidences, because I am sure they would be happy for me to say this, but the two Labour Members of Parliament within the borough came to see me and laid out all these various things, and said that basically the Electoral Commission was ignoring them, that the police were ignoring them, but there was something deeply wrong within the administration, and they urged me to take action.
Obviously, a Secretary of State can only go in on a reasonable basis, and I went in on a reasonable basis because it seemed to me that the way in which grants were being delineated for every small thing was entirely wrong, entirely arbitrary and not based on fact. So the point is that this Bill is about just tightening up and trying to make the system reasonably proof in terms of personation and various other things. It is not going to cure corruption and it is not going to stop bad people being elected; it just reduces the chances of a community being abused.
Cat Smith
Q
Richard Mawrey: I appreciate the risk of going on about my King Charles’s head. Postal voting is going to be open to fraud, however hard you try and however much you do. Legislation has, since the Birmingham judgment, tried to stop all the mouseholes, but as the old saying goes, the better mousehole breeds the smarter mouse, so you can try and stop all your mouseholes but the mouse will still get out eventually. Obviously you need to tighten up registration, but the problem is resources. If every time somebody wrote in asking to register Mr Jones at 1 Acacia Avenue, if you had unlimited resources you could send someone around to see whether there was a Mr Jones at 1 Acacia Avenue. Had they done that in Slough, things would have been very different.
The thing that blew Slough open was a small road—I still remember its name, Hawtrey Close—of four houses, in which, just before the election, 19 people were registered to vote. What drew the attention of the Labour party, who were on the qui vive for fraud, was that they went along to Hawtrey Close and all four houses had been boarded up and unoccupied for several years. None the less, they had 19 voters in them. Surprisingly, they all voted for the winning candidate. But you couldn’t blame the town hall. The town hall said, “Here is an address. It is a perfectly good address.” The town hall didn’t know that the houses were boarded up. “Here are these people wanting to be registered; we’ve got to register them.” They did not have the resources to send someone out who would look at this thing and say, “Of course there’s nobody registered, as there’s no one living there.” So that is the problem. It is resources, not the law. The law is quite clear: you cannot be registered unless you are a genuine person, living within the ward or constituency.
Lord Pickles: What the Bill does is restrict the number of people you can handle. So you cannot go door to door collecting postal votes, as has been common practice between all political parties for a number of years. I did receive quite a lot of representations from people who just hated the whole idea of postal votes and wanted to go back. I am old enough to remember when you had to make a case—you had to get your employer or your doctor to sign to say it was necessary. But I took the view that it would be just about impossible to turn the clock back and go back to that kind of system. It is probably not fashionable to mention Richard Nixon, but he was told, “Once the toothpaste is out of the tube, it is awfully hard to get it back in.”
Rather than trying to go back to what was, in some people’s eyes, a golden age, we need instead to restrict it. Returning officers tell me of people arriving at 6 pm on polling day, which as we all know is a busy time, with a crisp packet box full of postal votes—perhaps 200, 300 or 400, which all have to be separately verified, which slows the process down. It could be that that is all straightforward, but I do not think so. It is trying to restrict the handling of postal votes, ensuring that parties cannot pick them up—I think the Labour party went round with a mock ballot box to put papers in. I am not suggesting that it was attempting to do anything wrong—it was trying to get the vote out—but it is important to demonstrate that a vote is important and should not be handled by anyone other than the voter.
Cat Smith
Q
Richard Mawrey: It certainly could happen. Instead of having 19 entirely fictitious people living at the address, someone could—if they have sufficient organisation—get entirely genuine people who just live somewhere else. That was done in Slough, where a whole lot of people were registered who actually lived in Walthamstow. Walthamstow did not have elections, so the people were not voting twice. The people registered in Slough by the fraudsters were genuine people, with national insurance numbers and everything—they would have been A1 at Lloyd’s—but they just did not live there. They claimed to have moved just before the election and, curiously, moved back to their old houses just after the election. It was of course fraudulent, and not one of them had set foot outside Walthamstow. Their names were being used, with their permission and their connivance. If someone knows their national insurance numbers, it can be done without their connivance, because the signature on the application form for the postal vote can be replicated if someone has a copy of it.
National insurance numbers were not needed back in 2008, when I did Slough. It is difficult now to put a completely fictitious person on the register, but it is not difficult to harvest votes, with or without consent, from real people who live somewhere else. Of course, the old Irish habit was to vote the graveyard.
Lord Pickles: In terms of warehousing, where the ballots are changed, the signature would not be touched because it is outside the envelope. It is the envelopes that are opened and the vote changed. The signature authenticates something that has been changed subsequently.
Cat Smith
Q
Richard Mawrey: I think that is absolutely right, because fraud is obviously a relatively risky occupation, and the more bogus votes you have to put in, the more difficult it is. That is why it is very rare in parliamentary constituencies and would be completely unfeasible in any form of referendum, even a local referendum. However, when 50 or even 100 votes is likely to make a difference, then the game is worth the candle, unfortunately.
Lord Pickles: To be clear, nobody really cares that much about Parliament. There is no money in Parliament. You would have to be certain that someone was eventually going to get to a point where they would actually be issuing contracts. However, there is plenty of money in local authorities. As you are probably well aware, there have been, I think, two attempts to unseat a Labour MP using these kinds of methods. Pleasingly, they fell well short, and I was pleased to offer help and assistance in that, because it is massively important that this place remains absolutely secure, but the real money is in local authorities, not here.
Richard Mawrey: And, of course, a local councillor perversely has rather more influence, particularly in the sorts of boroughs where influence is perceived by the public to matter—“Oh, yes, he can swing this for me. He can swing that for me”—far more, curiously enough, than the MP himself or herself, who may be seen as a rather distant figure who you might go and moan to if your granny is not getting proper treatment from the NHS, or something like that. If I may say so with respect, you are not handling the readies: you are not dishing out jobs or contracts, and that is why people are keen to become local councillors. In some cases, it is a different sort of keenness from the keenness to become a Member of Parliament.
Cat Smith
Q
Richard Mawrey: I know it is not in your Bill, but it occurred to me that a solution—although not necessarily one that the Electoral Commission would welcome—would be if the Electoral Commission had resources so that, if necessary, it could assign someone. If a local registration officer or returning officer said, “I think we have a problem, but we cannot handle it because we do not have the resources,” the Electoral Commission could, under this theory at least, put in what might be termed a hit squad to go and see what was going on and deal with it.
That would also have the benefit that this would be an independent, external body coming in, so the local councillors and the local officials would not be getting local flak. These would be people rather like the commissioners appointed by Lord Pickles to go into Tower Hamlets, who were completely independent of the borough and were therefore able to find out all about the financial misappropriations and so on. We have the ability to put in external people. Frankly, I would not necessarily rely on the police, because one, they are overstretched, and two, they do not have the available techniques, resources and skills to deal with this—and they hate doing it, and they make quite clear that they hate doing it. My suggestion is that the question of whether the Electoral Commission itself might be able to assist might at least be considered at some future time. I do not know whether you would go along with that.
Lord Pickles: This is a really important question. If you go to a count, say for Parliament, the chief executive turns up or maybe the mayor, and I as the returning officer—the person who is doing the work is not them, and for too long, electoral registration has been in the legions of the damned. They are forgotten about and not properly resourced.
If chief executives understood that it was part of their terms of contract to deliver a fair poll, and that they would be personally held responsible, that would be an important point. The point that you make about electoral returns being poorly resourced is absolutely right. I do not think that it would take an enormous increase in resources to improve the situation, but what is in the Bill makes their life that bit easier because there are fewer things for them to worry about. I agree with the substantive point that you make.
The Chair
I have a long list of Members who want to come in, so I ask Members to keep their questions short, and witnesses to shorten their answers. I will endeavour to get everyone in.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Q
“Brothers & Sisters of Batley & Heckmondwike I am publicly calling out members of our communities who we have supported in the past: Shabbir Pandor, Ghulam Maniyar, Dr Rajpura and others who have shamelessly brought the Labour Candidate (who is openly Lesbian) to the ‘Masjids’ (the house of Allah) for votes. Would Allah be happy with their actions considering he destroyed the people of Lut A.S which is clearly referenced in the Holy Quran as a lesson for mankind? We are already powerless in schools against forced LGBT education and the effect it is having on our children. Must people from our community promote this agenda too? Mr Maniyar who is part of the Muslim burial committee is trying to land his daughter Fazila the job she previously had under the late Jo Cox. I ask him ‘Would you like to be buried with this on your conscience? You are promoting an MP that could potentially harm the Imaan of our children.’ This is not an endorsement of another party or candidate. I want you all as a community to understand that the blind loyalty to the Labour Party of these people for selfish gains be it ‘peerages’ or ‘better job roles’ is being asked FROM US at a cost of the corruption of our future generations. (PLS SHARE THE TRUTH SO PPL MAY KNOW)”.
I apologise for how offensive that was, but I think it is important to the Committee. That was in June of this year, in the parliamentary by-election. I seek your comments on what I have just read.
Richard Mawrey: I quite agree with you that it is offensive, but there is an obvious line to be drawn regarding individuals expressing strong, perhaps bigoted, perhaps extreme religious or indeed ideological views, for example against LGBT people and so on. The key, I think, with religious influence is that, first of all, it has to be directed. Directed against a candidate is perfectly okay for what was, I think, section 115 of the Representation of the People Act 1983, because it is just as much an offence to try to get somebody unelected as to get a named person elected. Quite often if something false is spread about a candidate’s personal character, so as to engage, I think, section 113, it does not matter that that may not be directed to the election of any other person, but just in order to get a candidate unelected, as it were.
The point about religious influence is that it has to be a way of influencing people. The fact that somebody expresses a view such as that might just fall short. If that person were himself an imam, some other religious teacher, or somebody of standing within the community who is saying, “Don’t vote for this candidate because their views are against our religion,” then you probably might breach the threshold of undue influence, because people would be voting not on general principles but on strictly narrow sectarian principles. That would be true of any religion; it just happened in this case to be Muslim.
Lord Pickles: I have nothing to add to that. I agree with everything that Richard said.
Brendan O’Hara (Argyll and Bute) (SNP)
Q
Lord Pickles: Thank you. That gives me a brief opportunity to clarify the remarks. If postal vote fraud was widespread, it would be too late, and this place would be stuffed with people with a vested interest in keeping a vulnerable system. It is vulnerable. We have delineated a number of court cases, over several years, and showed how vulnerable it is. What we want to do is to close that.
Obviously, it is up to the Committee to move various amendments further to restrict postal votes. The recommendations that you have here plough a middle route between taking away from things that people have become very used to and restricting too much. For example, having to renew every three years is important; restricting the number of people who can handle postal votes is important. As Richard says, postal votes are by their very nature more vulnerable than votes at the polling station. Things like carousel fraud are no less possible, but they are hard to do.
You have to come to a judgment. Certainly, I would urge you to put down some amendments to test the Government on restrictions on postal ballots. However, in many ways the horse has bolted on that—people have become used to it. Going back so that everybody voted in person, except in cases of illness or business, would probably be a step too far, but it would certainly be worth putting down a probing amendment. Obviously, I am not saying to my Conservative colleagues that they have to vote for it, but nevertheless it would be a good debate.
Brendan O’Hara
Q
Richard, you were talking about a particular culture that existed in Tower Hamlets and manipulation by religious means. You said yourself that that was an extreme case. The Tower Hamlets example has been used in previous debates to claim that voter ID cards are absolutely necessary. In your opinion, how would voter ID cards at polling stations have changed what you witnessed at Tower Hamlets?
Richard Mawrey: Tower Hamlets would be a bad example. In Tower Hamlets, as I said, they virtually ticked every box of electoral offence. But for my being rather kind-hearted, they would have ticked the intimidation box as well—they ticked them all. Voter fraud played a very small part, funnily enough, in Tower Hamlets. There was a handful of personation cases. Because they were orchestrated by the candidate, they were enough, as it were, to get him over the line.
If you as the candidate, or as an agent of the candidate, procure one false vote, you are out. It is all or nothing: you do not have to show that it made a difference. There was simply a handful. I regret to say that, in that case, a number of people who were carrying out these frauds by registering themselves at the wrong address were people who were councillors who lived outside the borough and registered in the borough, but that was a rare occurrence.
Birmingham, in particular, Slough and Woking were all cases that were purely postal fraud. Voter ID at polling stations, frankly, is neither here nor there. Personation at polling stations is very rare indeed, because it is so dangerous—if someone turns up to a polling station and says, “I am Mr Jones of Acacia Avenue”, and somebody says, “I know Mr Jones; you are not him”, the next thing is a policeman’s hand on his shoulder and he’s up at the local Crown court—but postal vote personation, whereby you are voting in the name of a non-existent person or a person who lives somewhere else, is very difficult to detect and to trace. It is only when you have a full-scale petition that it comes to light and you are able to unseat someone.
Voter ID in polling stations is all right, but voter ID for the purposes of registering votes would require checking. If you do not have a mechanism to check—even just to spot check—then registering people at addresses where they do not live, which is the key to that sort of postal fraud, which is a form of personation, voter ID is going to be quite difficult to operate. What you need is simply to check that if Mr Jones is registered at 1 Acacia Avenue, there is a Mr Jones living there. That takes money and resources. We do not have an identity card system in this country, for good or ill, so there is no way, obviously, of cross-checking that. Voter ID only takes you so far with postal votes. Beyond that, the system is vulnerable, and necessarily vulnerable.
Lord Pickles: Thank you for the really interesting question. I did not recommend photo ID, but I think things have moved on since then. I was very interested to see that the Government said that 98% of the population has some form of photo ID. To emphasise the importance of voting, to be able to demonstrate that you are that person by producing, in my case, my bus pass—I could not use my driving licence, because I still have a paper one; I am that old—or something from work is a very sensible process. It occurs to me that the 2% who do not have any kind of photo ID might in itself have a wider use beyond voting in a polling station. It is an important check and a way of emphasising the importance of the vote. If Barack Obama can sign for his ballot paper, which might be an alternative, it is not unreasonable to have the same level as we have for getting a pair of Nike trainers from Amazon.
Brendan O’Hara
Q
Lord Pickles: No, not really. I did bear in mind what had happened in Northern Ireland. I am sure you will recall that it started with paper ID for the first few years and then went over to photo ID. A lot of things have happened. Essentially, what the Government are suggesting, so far as I can follow what they are doing, is that we are moving to the Northern Ireland system without an intermediate stage with paper ID—
Brendan O’Hara
Q
Lord Pickles: In what respect? I do not understand the question.
Brendan O’Hara
Well, you say we are moving to the Northern Ireland system. The Northern Ireland system was introduced for very specific reasons. Are you saying we should move to the Northern Ireland system because there are similarities between what is happening here in 2021 and what was happening in Northern Ireland in the 1980s and 1990s?
Lord Pickles: I think you are putting words in my mouth. My remarks on Northern Ireland were restricted to the point that at first there was a paper check, and then photo ID. The Government are suggesting that we move on to photo ID now. What has changed since 2016 is the growth of photo ID. It is important to be able to demonstrate who you are when you go to the polling station, not just in order to deal with personation but to emphasise the importance of the vote. No doubt you will spend many happy hours together debating that point. I shall read the debates with great interest.
Aaron Bell (Newcastle-under-Lyme) (Con)
Q
Richard Mawrey: Those are two separate questions. One was whether the police are empowered. They have the necessary powers now. In the aftermath of my critical remarks in the Birmingham judgment, a number of forces had designated officers to deal with the issue, but for various reasons, there were never enough officers for some to be spared to deal with electoral matters only, so they tended to be somebody who added this issue to his or her other duties—say, with the fraud squad, or whatever it was. They did not have the time or resources, because obviously this was regarded—not unreasonably—by some police forces as being very low priority. They tend to think, “This is a squabble between politicians. Let them sort it out.”
In certain areas—Tower Hamlets is a good example—the police force was wary of the local politicians, who were, of course, only too anxious, particularly in the case of Lutfur Rahman, to meet any sort of criticism or investigation with cries of “Institutional racism!”, mentions of the Macpherson report, and all that. The police were wary of dealing with that. They have the powers; whether they have the resources and the will is an entirely different matter.
On whether lots of cases are going undetected, the answer is undoubtedly yes. It is very difficult to prove fraud, and when you have proved it, it is very difficult and time-consuming to prove who benefited from it. In some systems—in Australia, for example—you can prove fraud until you are blue in the face, but you no longer prove who benefited from it, so anyone elected with fraudulent votes stays elected. That is obviously not a good idea. What you see in the cases that I try is the tip of the iceberg, and those cases exist only because concerned citizens are prepared to put their money—their houses, sometimes—on the line in order to fight that fraud. You can end up, as the petitioners did in Tower Hamlets, with a large order for costs against someone who cheerfully declares themselves bankrupt, and you find yourself having spent a fortune doing what you think to be right, only to see none of that money back.
What the Bill does not deal with, although it might have done, is any reform of the process of electoral petitions, trying disputed elections, and all that—things on which Lord Pickles and I have given evidence on other occasions. I am sorry that it does not deal with that, but it is a big, long Bill; perhaps you will get round to it later. The idea that it should be made easier for elections to be challenged by citizens or candidates, and less expensive—
The Chair
I am sorry; I have to come in there. We have one minute left, so we can have a very short question and answer.
Fleur Anderson (Putney) (Lab)
Q
Richard Mawrey: The proportion proved in Tower Hamlets was very small—really only a handful of votes were proved to be fraudulent. It was enough, because they had been orchestrated by the candidate himself.
Fleur Anderson
Q
Lord Pickles: To get a prosecution, you do not need to prove everything; you just need to prove some. I agree entirely with the point about electoral petitions. I would like to put that on the record.
The Chair
Order. I am afraid that brings us to the end of the time allotted for this panel. On behalf of the Committee, I thank our witnesses for their evidence.
Examination of Witnesses
Councillor Peter Golds, Gillian Beasley and Assistant Chief Constable Gareth Cann QPM gave evidence.
The Chair
For this panel we have until 11.25 am. I will bring in Cat Smith first and then the Minister, but please take no more than 10 minutes each, in order to leave time for Back Benchers.
Cat Smith
Q
Councillor Golds: Is that for me first? Remember that I am an elected councillor, rather than an official, but obviously I can give you some ideas because I am extremely familiar with the electoral services department of Tower Hamlets Council and how it interfaces with the rest of the council. The electoral services department does understand the need to clean up the system we have, and I believe that there is a will within our council to provide extra resources to electoral services, but of course it is the Government who pay costs toward electoral services. One thing that the department often complains about is the adverts that go out when there is an election, because suddenly they will be inundated when tens of thousands of people ask, “Am I on the electoral register?” A quarter of a million people apply to go on the electoral register, but about 85% of them are already on it, so electoral services are sitting there saying, “Yes, yes, yes.” That is expensive and time consuming.
Gillian Beasley: There are important resource implications for both areas. Looking at how electoral services teams will have to respond, we certainly anticipate that having to produce these new electoral identity documents will require additional resources. We know from experience that voters tend to turn their minds to voting very close to polling day, and if they discover that they do not have the requisite documents to prove their identity and we have to issue those documents, we will probably see a surge at what is the busiest time for electoral services teams, the pre-election run-up, when they are dealing with late registrations, and proxy and postal vote applications, so there will be resource implications for them.
Returning officers, which is what I have been since 1999, will probably have dedicated teams that are able to do that, because when someone discovers that they do not have the requisite documents and they need to bring in other documents, depending on what those are, they sometimes do not bring the right ones and we have to send them home, so there is a lot of administrative burden in that regard. We will also need to train and resource that at polling stations in a better way, because there will be problems in polling stations over this. We need confident presiding officers who understand the law and are trained well, so there will be additional burdens there.
I think that in our arena, in particular, there will be significant resource issues. It is not the case that we do not want to do it; we just need to ensure that is highlighted at very busy times during the electoral process, because of voter behaviour. That has been our experience in Peterborough, and I am sure that it is the experience of other returning officers.
Assistant Chief Constable Cann: From a policing point of view, it is difficult to estimate with any precision what the resource impact might be. Some elements of the Bill, if put into law, might go some way towards helping. For example, voter ID could potentially help to avoid various demands that we have around it. I do not want to overstate that, because it would not be a huge thing, but it could be helpful. On the other hand, until we understand fully what is involved in the digital imprints regime, for example, it is a little difficult to be precise about the likely impact on police resources at the moment.
Cat Smith
Q
Assistant Chief Constable Cann: With regard to any infringements that might be committed overseas or by non-UK citizens, for example, our powers to deal with that are very limited.
Chloe Smith
Q
Councillor Golds: I have been studying it. I have been involved in elections in the borough for 20 years. I should quickly declare that over the years, I have been an election agent in 13 general elections. In fact, I have been an election agent for every kind of election we can have in this country, from Parliament and European Parliament to GLA, GLC and local council, and I have never seen anything like what I saw in Tower Hamlets.
The thing that always upsets me, and that I find terribly disappointing, is that ordinary people’s votes were effectively stolen. When I knock on a door, somebody will say to me, “Mr Golds, my father used to vote for Mr Attlee.” I smile at them, and then they say, “But what’s the point of voting now?” The problem is that, as both Mr Mawrey QC and Lord Pickles said, those are the people whose votes have been stolen. Most of all, however, there are our Bangladeshi voters, who sometimes come forward and say to me, as their local councillor, “Can you provide this information?” I say, “But you have to go on record, otherwise it is hearsay,” and they will then say, “I’m frightened to do so.”
That is a very intimidating situation, and I have to say it is not only in Tower Hamlets. Mr Shelbrooke read what had happened in Batley and Spen. A few years ago I took a friend of mine, who had contested an election in Calderdale, to meet the Electoral Commission. It was a waste of his time, because the Electoral Commission, as it so often is, was completely uninterested. He had a dossier as large as the one I brought with me today, which he handed to the Commission; as far as I know, it is probably still sitting in an archive, gathering dust.
Chloe Smith
Q
Councillor Golds: In the election petition, I submitted eight witness statements and approximately 2,000 pages of backing documentation, covering as much as possible. That includes, for example, where we tracked fraudulent postal votes using postal vote returns in the election data. You can see how things were marked on postal voting.
Tracking personation is much more difficult, but I will give you an interesting example. In the 2010 mayoral election, when Lutfur Rahman was first elected, I wrote one of my many unanswered letters to the Metropolitan Police. At 7.15 on polling day, I was present at Christ Church Primary School polling station in Brick Lane. A man entered and approached the desk where electors from Brick Lane were being processed. He had in his hand a poll card and envelope. However, this poll card was dated May 2010, was issued by the London Borough of Enfield, and referred to the Edmonton general election constituency. He tried to give a name and address in Brick Lane but was unable to accurately do so, by which time he was leaning over to the council staff and trying to point at an electoral register in front of the council and say, “That’s me, that’s me.” Eventually, the council officer started to ask questions, and he left the polling station.
I would add that outside there were supporters of Tower Hamlets First with copies of the electoral register. They mark on the electoral register what we all know exists: the vote return. They know if people vote. They have a list of people who may not regularly vote, and people were coming up, talking to them and effectively being given names to go into the polling station.
If you want another extraordinary example—one that made all sorts of press—it was the incident in the 2006 by-election in the Shadwell ward where a figure, about six-foot-something tall, dressed from head to foot in traditional Islamic gear but with huge red trainers, entered a polling station. An hour later, the same figure entered the polling station, and then an hour after that they entered the polling station.
The Conservative and Labour polling agents then compared notes, rang their agents and were told that the one thing they could do would be to ensure the presiding officer asked the statutory questions. When this person came for the fourth time and the statutory questions were put, he merely hooked up the clothing he was wearing and fled down Bigland Street. Everybody asked the policeman on duty what he was going to do, and he shrugged his shoulders and just said, “Nothing. It’s nothing to do with me.”
Those are two particularly extreme examples, but I can give you examples of cases, exactly as Mr Mawrey said—I have them recorded—where for houses that were boarded up, names appeared on the electoral register and votes were cast, or where people turned up only to discover that their votes had been stolen. Staggeringly, on 6 May this year, Francis Hoar, the barrister for the election petitioners in Tower Hamlets, went to vote in Lambeth and unfortunately his vote had already been cast on his behalf. That is what went on.
Chloe Smith
Q
Welcome and thank you to ACC Cann, as well. Given that electoral law can be a relatively niche area within policing, can you tell us how the wider profession works to ensure that the right knowledge, training and capacity are in place in local forces to enable them to play the role that is needed from the police?
Gillian Beasley: I will start by saying that we have a very close relationship with the police in Peterborough and our electoral integrity plan is co-produced between us and them. Our police, as well as our electoral services team, have a really good and detailed understanding of the electoral offences in law. There is a lot of co-operation there, which has helped us to home in on where integrity is at risk.
First, I would say that we have seen less personation in polling stations in the recent past. Probably our last prosecution was some years ago, and that is because there are some tight measures not only in polling stations, but around ensuring that we have a good electoral register. We go through our electoral register very carefully, removing duplicate names, and we visit a lot of premises where there are a number of people registered or where we are told there is an empty property, to ensure that they are the right people and that they are real people. Of course, the individual voter registration division has helped tremendously with that.
Where we have issues, as the Minister knows, is in postal voting. That is where our concerns are. The allegations we tend to get are around harvesting. They are allegations of people going into properties where people live—they are proper voters who have applied for a postal vote—and getting that person to make a declaration and signature with date of birth, but not fill the ballot paper. Those are then taken away and the proxies put against the relevant candidate. Those are the allegations. We get allegations about those being taken from properties, and where we get those allegations, we work together with the police in joint operations to visit those premises and make it absolutely clear that there is no tolerance for that and that those properties will be raided. We have never had any prosecutions for that, but we have made a clear statement about not tolerating that kind of behaviour.
The provision on not handing your postal vote to a campaigner is welcome. We will use that as a good communications tool to say to people, “Your vote is your vote. It is important that you post your vote or take it into a polling station.” The restrictions on how many postal votes can go into polling stations is a good provision, and documenting who is going in with those postal votes is important. Harvesting those votes will now be an offence, and although it will be difficult evidentially to get people to make those allegations, to stand by them and to go to court, nevertheless as returning officers we can do some important publicity around that fact: “This is your vote, you must keep it and it is a criminal offence if somebody takes it from you.” I see some strength there, and I support those provisions.
The other area I think is interesting is around undue influence. That is by far the most difficult; we hear allegations, but it is difficult for people who are subject to whatever form of undue influence or intimidation it may be to feel confident to come forward, give evidence and take that through to a court process. We encourage people to do that, but it is still difficult for them.
The change in the provision on undue influence, where you induce or compel somebody not to vote at all, is important; that covers the point that was made about collecting votes where they have not even been marked. My issue as a returning officer is that I send out thousands and thousands of postal votes, and we get them carefully delivered to the correct premises, but what happens behind those closed doors? It is about getting people to confidently give evidence if they are subject to undue influence or somebody comes and tries to take their vote. As I say, we have a really good relationship with the police, who are prepared to take forward and understand the offences. There is a joint communications plan between us and the police telling people that we will take it seriously, take cases forward and investigate every single allegation that is made, but it is still very difficult to get people confident enough to come forward with those kinds of allegations.
Assistant Chief Constable Cann: In terms of developing police knowledge and capacity, I like the description of electoral law being a niche area. I think that is accurate. The RPA is not a widely known piece of legislation among police officers.
One of the reasons that the national portfolio that I lead was created was to raise awareness through some degree of central co-ordination and training across police forces. One of the first things that we recognise is that we are not on our own with this. Gillian has spoken very well about the importance of partnership working between the police, the Association of Electoral Administrators, administrators more locally, the Electoral Commission, the CPS, the parties themselves and Royal Mail. We form strong partnership relationships with a whole range of people, which helps to build capacity and capability within the police service generally.
More specifically, we have established a network of officers, one in every force. We have SPOCs—single points of contact—who are the lead for that force for electoral-related matters. They are knowledgeable in electoral crime and procedure. They usually sit within economic crime teams, but not always. We have created a bespoke training course that is run through the City of London police, which holds particular expertise of its own in this regard. We hold an annual conference for all those single points of contact and a number of other people. There is a very strong, successful partnership from that conference particularly with the Electoral Commission, and with people such as Gillian and other electoral administrators.
We have developed the scope of the portfolio over the last 10 years or so to cover matters of policing the election itself—not just preventing and detecting any fraud, crime or malpractice, but policing the election, so matters of public order and wider security. We have developed guidance in relation to policing elections, which is available on the College of Policing’s website. It is called “Authorised Professional Practice”, and it is about the way police doctrine is expressed and made available to officers up and down the country.
I like to think that, certainly over the last 10 years or so, we have raised the consciousness in the service of electoral malpractice. It is taken extremely seriously and we have some extremely capable and knowledgeable people involved in the work, but it is fair to say that it is something of a niche area. Most officers will not come across it, and in any event the law is slightly difficult to navigate, even for those who have a particular interest and specialism.
Nick Smith (Blaenau Gwent) (Lab)
Q
Assistant Chief Constable Cann: I think the penalties vary, because there is a blend of a civil and a criminal regime at play here. I do not know, because I am not an elected person, a candidate or anything like that, but I imagine that the harsher sanction will be around matters such as being disqualified from holding office or taking part in future electoral matters, rather than a specific fine or a direct sanction. In that regard, there is some significant deterrence there. Generally speaking, when matters go to the courts, it is generally felt that the courts are quite keen to address the seriousness of the matter before them and hand down a suitable penalty.
Nick Smith
Q
Assistant Chief Constable Cann: I think it is right to say that we have relatively small numbers of those offences coming through to us so, in that sense, it is not a major issue in terms of workload or demand for policing at election time. I imagine that in any case, part of the motivation behind the proposal for voter ID is an element of deterrence. In that regard, if it were to be brought in, we would see some value in that and would broadly welcome that proposal, notwithstanding the fact that, as I say, we do not tend to prosecute or get asked to investigate a significant number of personation allegations.
Tom Randall (Gedling) (Con)
Q
Councillor Golds: I certainly think it would have improved. We had a byelection as recently as 12 October, where in one polling station—the Sundial Centre in Shipton Street—the police were called on two occasions to disperse unruly crowds outside the polling station intimidating voters. That is one polling station in one byelection held this summer. I have to say that Assistant Chief Constable Cann’s description of the police activity is positively Panglossian in its optimism; I just wonder whether any of this has percolated through to the Metropolitan police.
Tom Randall
Q
Councillor Golds: Frankly, no. There was an inquiry organised by the police called Operation Lynemouth, which said in one of its closing descriptions that
“The policing of the election and the subsequent investigation was deficient in too many areas. There was a lack of corporate responsibility, a lack of training and insufficient resources for the SET investigation. In essence, the MPS did not consider the election and investigation a priority.”
Of course, at the time when they were supposed to be dealing with Tower Hamlets, they were also involved in the infamous Operation Midland, which was another subject. Indeed, one or two officers involved in the Tower Hamlets fiasco drifted through Operation Midland, much to my lack of surprise.
One thing about the police that is truly concerning me, as recent as this year, is the need to defend the secrecy of the ballot. The fundamental Act dealing with balloting in this country is the Ballot Act 1872, which says that you vote in secret. That Act has never been repealed. I have before me an email—a complaint—from a resident. They say that upon their visit to their polling station,
“I noticed 2 separate occasions where 2 people were in the polling booths together with the male member ‘influencing’ the female member’s vote.”
That is one person at midday at the polling station where, incidentally, I vote.
This has travelled to the police and is now in the hands of one Trevor Normoyle, who is the detective inspector of the special inquiry team and, to my horror, informed us that he will be in charge of Tower Hamlets next year. He seems to be completely unaware of the requirement for secrecy of the ballot, because he writes to this resident to say, “In relation to the concerns you have raised, inquiries were carried out”—incidentally, the elector reported this to the presiding officer—“and cannot substantiate any allegation that any influence was being exerted within the polling station, nor are any other electoral laws being broken. The reported matter is now closed”. So nothing will be done, but here we had two people effectively instructing others how to vote inside a polling station in London in 2021, which the police are ignoring—
The Chair
Order. Can we move on? We are very short of time.
Councillor Golds: Okay, but it is an example of the police’s utter failure to look at electoral malpractice in London.
Patrick Grady (Glasgow North) (SNP)
Q
Councillor Golds: Let us be absolutely clear that the disqualification was nothing to do with the police, who completely ignored it. It was done by four brave citizens who lost a fortune on it, because they are liable for everybody’s costs, including Lutfur Rahman’s.
On the issue of potential Tower Hamletses, they are out there in other places. Commissioner Mawrey mentioned Slough and he mentioned the problem of Woking, where the returning officer himself said that he did not believe that he had declared an accurate result in all his time as a returning officer. There are issues in Bradford and in other parts of the country. Indeed, we heard from one of your colleagues, who read that extraordinary email that was circulated in the Batley and Spen by-election. That would be typical here.
Outside a polling station, in one of my elections, there were people placed to tell every single Bangladeshi voter two subjects: one, that Councillor Golds is a Jew, and the second, that Councillor Golds is gay. To prove the second point, they had an extract from the election address to ensure that it was understood that the person I have lived with for the past 23 years is male. That was done in London in 2010. Please, as Mr Shelbrooke has said, do not say it is not happening elsewhere. The Bill is essential to clean our elections.
Indeed, we have the appalling situation in Peterborough where a fraudster can sit at a polling station, can turn up at the count, can be present at the reception of postal votes and can stand there smirking for selfies. This is a man who has gone to prison for election fraud and who has been disqualified from voting, but who is taking part in elections. We can all see it. This man Tariq Mahmood tweets it repeatedly. We need the law clearing up so that we do not have what Alec Shelbrooke has said happened in the metropolitan borough of Kirklees, which is repeated in Peterborough and seen in Tower Hamlets. We want clean elections so that people on the Isle of Dogs can vote with the same security as Mr O’Hara’s constituents, the good people of Argyle and Bute.
Patrick Grady
Q
Gillian Beasley: Thank you for that question. I was talking to my electoral administrators this week about those divisions, and there is undoubtedly going to be more complexity around that. It is already quite complex, if you walk into a polling station with a presiding officer, working out what all the letters mean and who can and cannot vote. I think it means that we need not only highly trained electoral administrators, but highly trained presiding officers. I think it has got a training burden. We are finding it more difficult to get presiding officers because of the complexity, and we will need some really detailed and careful training packages to make sure that the right people get to vote and we administer the register in a proper way. We do expect there to be some burdens and some additional resource needed to ensure we can administer that properly and carefully.
The Chair
Gareth Cann, do you have anything to add?
Assistant Chief Constable Cann: Nothing specific. Quite a few issues were raised by Councillor Golds there, but nothing specific for me to come back on, other than that it felt to me that the police had not so much ignored that allegation as assessed and investigated it, and unfortunately it could not be substantiated, which they reported back to the interested parties. I have nothing specific to add on the last question.
Paul Bristow (Peterborough) (Con)
Q
Gillian Beasley: In Peterborough, we have a range of measures to make sure that electoral integrity is maintained. The CCTV was a result of personation allegations of individuals going to one polling station to vote and then taking a polling card to another polling station. We decided to observe the polling stations and who was going into them very closely to see if we could pick up evidence of personation and use it in the prosecution.
CCTV is also a deterrent, to a degree. We are open about the fact that we have CCTV. We tell everybody, including the election agents, that that is going to happen, and we say that we will use the CCTV in evidence if we detect that kind of activity going on. Councillor Golds made the point about people congregating outside polling stations. We get to observe that, and if it is happening, we would get the presiding officer—or the police, who are sometimes in polling stations for assistance with personation—to go out and disperse those who are congregating, so that people can walk into the polling station and feel confident that they will not be subject to any intimidation or comment. We use CCTV for a number of reasons: for the purposes of potential prosecution and to keep an eye on what is happening outside the polling station so that we keep it free and enable voters to go in.
Paul Bristow
Q
Gillian Beasley: I think exactly that. We want to say that we take it very seriously, and that seriousness is exemplified by the CCTV and the measures we have put in place. It is a confidence mechanism as well, and we communicate that not just to those who are involved in the administration, but to the wider public.
The Chair
Gareth Cann, do you have anything to add?
Assistant Chief Constable Cann: No, nothing on that one.
Fleur Anderson
Q
Gillian Beasley: We have not done that yet, but we have started to think about working out how many people we think would apply and how many people would have the ID so they would not have to apply. At the moment, we think we probably need one more administrator just to make sure we have enough before the election. Running up to the election, speaking to my electoral administrators this week, we will probably mobilise a small team of two or three people. The reason for that is because we know that people will come in that surge—people will feel anxious because they will be worried that they will lose their votes, so we need to be responsive and be confident that we can help them. Inevitably, they will not in the first case bring the right documentation—that is our experience—so they will need to go back.
With the surge and the late registration, I think probably one additional person in the team and probably a really good team of about two to three people around the surge period, to deal with the throughput and to make sure that we do not disenfranchise people, which is the worst thing we could do. That is the first thinking that we have, but experience will tell us. We will probably overstate the resource in the first instance so we do not fall foul of it, because we want to make sure that a new provision is properly implemented in our area and gives confidence rather than lack of confidence to the electorate.
Fleur Anderson
Q
Gillian Beasley: We have worked with the police on that, and they have employed some of their CCTV. We were able to use our own CCTV as some of that is in the right place. The cost of the CCTV was not huge. The biggest cost is when we have to act. The police resource in Peterborough is quite considerable on the day. We have police in a van to help us manage what is happening inside and outside the polling stations. We get a good sign up by the police to give us that resource on the day. We do cost that out at the end of every election and we have our policing plan in mind for the next election.
Fleur Anderson
Q
Councillor Golds: In all honesty, no, because we had the by-election in Weavers ward on 12 August. There were two incidents of mobbing in one polling station. I was interested that Gillian Beasley mentioned the steps they take in Peterborough to deal with mobbing. In Tower Hamlets it can reach dozens, sometimes hundreds, of people. I refer you all to a report by an organisation called Democracy Volunteers, which talks about the mobbing of polling stations and about family voting inside polling stations.
The issue of people being unable to reach a polling station is difficult. I was walking down Shipton Street at dusk on 12 August, which I calculate must have been just after 9 o’clock. There was a woman inside; the presiding officer had called the police, and seven police officers appeared, because she could not get to the polling station without being surrounded by men who were canvassing or harassing her. A woman walking down the street at 9 o’clock at night to go to vote does not need 10 men to surround her to instruct her how to vote. This has to be dealt with.
Chris Clarkson (Heywood and Middleton) (Con)
Q
As an experienced election agent, do you think the relatively low level of detection of personation is down to the fact that it is so easy to do? I could pick up a copy of the marked register tomorrow, find out whether you vote routinely in elections, turn up to your polling place, claim to be Peter Golds and vote on your behalf. Or do you agree with Mr O’Hara that it is a solution looking for a problem? If you contest that, what would you describe as an acceptable level of electoral fraud?
Councillor Golds: I disagree with Mr O’Hara. When you have the marked register, if you get the proverbial Sid and Doris Bonkers who have never cast a vote in their life, and someone turns up at the polling station and says, “I am Sid Bonkers,” they are given a ballot paper. If Sid Bonkers does not turn up to say he is going to vote, nothing happens. I have to say that there are far too many instances.
I had one incident of a lady who lives in Woodseer Street, E1, who telephoned me to say that she had gone to vote. She knew that the people next door were off on holiday and furthermore that they were Jehovah’s Witnesses and never voted, but democracy had taken place on this particular occasion. When she was marked off on the electoral register, she saw that their names were marked off. She asked the presiding officer why they were marked off, and he said, “Because they voted.” That is an absolutely classic example. Somebody knew that these people were Jehovah’s Witnesses, somebody knew that they never voted, but democracy took place.
Chris Clarkson
Q
Councillor Golds: Yes—[Laughter.] Sorry, I misunderstood what he said; my hearing is not terribly good.
Chris Clarkson
If I could not prove that I was you, should I be issued with a ballot paper?
Councillor Golds: No. If you go to collect a parcel without ID, you are not issued with a parcel. For example, if you go to select a Labour candidate, you have to take ID. We had a selection in 2019 of a Labour candidate, and her document to members of the Poplar and Limehouse constituency Labour party says not to forget to bring photo ID. To go to select Apsana Begum, you had to bring photo ID, but to elect her, or not elect her, anybody can be given a ballot paper.
The Chair
Thank you. Have the other witnesses anything to add to that, or can I move on?
Kate Hollern (Blackburn) (Lab)
Q
Gillian Beasley: That is something that we really need to think about: what evidence is required when somebody applies if they do not have a passport or driving licence. Evidence of where they live—bills, bank statements and other such identification—is what we used when we did our proxy pilots.
What we need is some really good guidance about what would be acceptable. As a group of administrators, we would like to have a conversation with Government about what we think would be sufficient before that provision is enacted, so that we are all consistent about what is sufficient. We need to learn from the pilots, because there is obviously some learning from the pilots about what kind of identification is sufficient, and to bring that together so that we have a consistent and safe approach. How do we actually make sure that the documentation is secure and safe enough? There are still some conversations that need to be had and there is some discussion around that at the moment.
Kate Hollern
Q
Gillian Beasley: I think that that is the discussion that we need to have as a sector—about what is sufficient. You are absolutely right; my concern would be that somebody would be able easily to produce a false document to say that they lived at a particular address. The conversation that we need to have across the sector, and the guidance that we need, is: what is sufficient ID? That makes the system safe, because we can be sure, or as sure as we can be, that that ID actually locates that person as a real person who we can be confident in giving an ID document to. There is more work and discussion that we need to have around that. Obviously, the Association of Electoral Administrators will have some thoughts on that, and I am sure my team would, as we move forward. That is a discussion that needs to be carefully had.
Kate Hollern
Q
A number of issues have obviously improved, but you felt the issues that have not improved seem to be the lack of co-operation from the police responding to your concerns and the town hall staff not being equipped or resourced enough to deal with the issues. What do you see in the Bill that will address your concerns about the lack of action and co-operation by the police or the inefficiencies in some town hall services?
Councillor Golds: That is a very interesting point and thank you for highlighting what I said to the House of Lords. I think it was quite intentional that the senior officers of the council in 2014 all declined to act as returning officer. It was devolved to the head of committee services, who was a junior officer, and he was effectively asked to act as a returning officer. In future Bills I believe that the returning officer in elections should be the most senior officer of the local authority, and that should be written into law. They should not be able to cop out, as they are paid.
Where do I look in the Bill? The Bill tidies up the procedures for postal voting. It strengthens this issue of saying that people cannot turn up to a polling station with a Sainsbury’s bag full of postal votes.
Kate Hollern
Q
Councillor Golds: I am sorry; I have to disagree with you there. Obviously, we are all pleased that Blackburn has tidied up its act, and I am interested and pleased that you refer to cross-party co-operation.
I am sorry to say that I do not think it has improved in other places, and I refer to what Mr Shelbrooke has said. When Paul Bristow fought his by-election, I went there to campaign. I was taken to the central part of Peterborough and I felt so at home. It was exactly what you would expect to see: somebody suddenly arriving with the proverbial Sainsbury’s bag full of postal votes and people standing outside polling stations harassing voters. It should not happen. I believe that everybody should have the right to go to a polling station and vote in freedom.
If we voted in France, election day is a day of reflection. There is no campaigning. You go and vote in secret, behind curtains. Here, we have this wonderful Victorian sense of trust and co-operation between people, because we trust each other in many ways. As you have said, your colleagues in Blackburn work with colleagues of another party to ensure that the parties work well together, but where that trust breaks down, it collapses.
Kate Hollern
Q
Councillor Golds: First, we have the tightening of the rules about what you can and cannot say, and where people can be abusive at elections. For example, I have to say that—
The Chair
Order. We have to have short questions and answers now as we are running out of time.
Councillor Golds: I am happy to submit information in writing if you would like to see it. Would you like me to do that?
Kate Hollern
I just want you to answer the question.
Councillor Golds: Okay.
Kate Hollern
Q
Councillor Golds: The legislation tightens up the rules of, effectively, what we would call the Miranda Grell situation, whereby people cannot be abusive. The legislation tightens up the rules, as we have seen, about people turning up to a polling station and just asking for a ballot paper and being given one. It tightens up the rules on postal voting.
There are other matters that I would like to address. I believe that there should be an amendment to reaffirm the secrecy of the ballot, because I cannot believe that the police can possibly argue that we do not have a secret ballot in this country, as they appear to be doing. I would think that, of what—
Kate Hollern
Q
The Chair
Order. We need a very short answer. We have two more Members who would like to come in.
Councillor Golds: The law is clear that you vote in secret.
Jerome Mayhew (Broadland) (Con)
Q
“there is likely to be no evidence of fraud, if you do not look for it.”
Your teams in the polling booths are the frontline in identifying personation. What tools do you currently have to look for personation fraud?
Gillian Beasley: When we organise our elections, we graduate our polling stations to the ones where we think the most issues will be. We employ presiding officers who have a lot of experience in dealing with the administration of their polling station. However, more than that, we train them around the issues of personation and ensure that they know the statutory questions. There are also ways in which, when someone comes into a polling station and they ask them to give their names, they are very particular about ensuring that we keep with the processes.
We also always have police in those polling stations. There will be two police officers, and there will also be polling agents, so we give a very clear statement that we take personation seriously. When you walk into a polling station in that area, you will see well-trained staff and police officers, and you will likely see a polling agent. There is training that we do. There is also an incident response, so if staff are concerned about an elector, they have a police officer they can talk to. If a polling agent raises an issue, it can be responded to immediately.
The message goes out there that that is what you will find when you go into a Peterborough polling station and those that we consider to be at risk. That is the approach that we take in ensuring that the training and the experience is really good. As Paul Bristow said, we also have CCTV. It conveys how seriously we take electoral fraud in those stations.
Aaron Bell
Q
Assistant Chief Constable Cann: I am not sure I heard the question. I think it was whether the measures around undue influence are likely to make life easier for the police.
Aaron Bell
And voter ID on polling day.
Assistant Chief Constable Cann: Thank you very much. I think, in general, they are potentially helpful measures indeed. It is always difficult for policy makers to strike the balance between an accessible system and a secure system. If the balance was struck in that particular way in any future Act then, on balance, yes, it would probably be helpful for the police if those measures were brought in.
The Chair
Order. That brings us to the end of the time allotted for the Committee to ask questions and, indeed, for this morning’s sitting. I thank our witnesses on behalf of the Committee for their evidence. The Committee will meet again at 2 pm to continue taking oral evidence.
Elections Bill (Second sitting)
Wednesday 15th September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 September 2021 - (15 Sep 2021)
The Chair
Q
Fraser Campbell: Fraser Campbell, barrister at Blackstone Chambers.
Professor Howarth: I am David Howarth, Professor of Law and Public Policy at the University of Cambridge. I was an electoral commissioner until 2018; before that I was a Member of the House of Commons, and before that I was the leader of a council.
The Minister for the Constitution and Devolution (Chloe Smith)
Q
Fraser Campbell: Yes, absolutely. Anything that can be done to make voting easier is to be encouraged. That is why, I suspect, more Members will have questions about some of the provisions that make voting more difficult, but I will not get on to that until I am asked.
Chloe Smith
Q
Professor Howarth: First, may I say that it is good to be back? It is just my luck to be giving evidence during a reshuffle. All I can say is, “Chloe, good luck,” and I will understand it if you will be glancing at your phone.
The accountability of the Electoral Commission is twofold. First, there is accountability to the Speaker’s Committee. That is useful, but it is limited, and should be limited, to the use of resources; it is related to the estimate under which the commission is funded. Secondly, on individual decisions the commission is accountable to the courts. That is to say, if it issues a fine or some sort of order against an individual or a party, those organisations or people can appeal to the courts. I think this afternoon you will hear from someone who successfully appealed a fine that had been imposed by the commission. It might have been helpful to hear from people who have been fined and failed in their appeal, or chose not to appeal.
There are two lines of accountability, and I think the danger in the Bill is getting them mixed up. The line of accountability to the courts should not interfere with Parliament, and the line of accountability to Parliament should not interfere with the courts. Secondly, what the Bill actually does is make the commission accountable to Parliament in terms of direction or guidance issued by a Minister, and then obviously agreed to on the nod in the usual way of statutory instruments by the Commons, and they would not trouble the Lords. Nevertheless, that is not accountability to Parliament; that is accountability to the Government—
The Chair
May I interrupt? Professor Howarth, we are having trouble hearing you. Could you turn your microphone up, please?
Chloe Smith
I am really sorry, Ms Rees. I could hardly hear any of that answer.
Fraser Campbell: I wonder whether I may say a word on the Minister’s question. My view on parliamentary accountability is that of course it is very important. It has to be balanced against the independence, and the perceived independence, of the commission. To the extent that the Bill wishes to introduce scope for the commission to be given a statement of principles and objectives, I think the question arises whether that will be useful and, if it is, to whom.
Based on the Minister’s statement from 17 June this year, which talked about the content that that statement might have, there was an indication that it may lay down principles for the Electoral Commission in terms of impartiality, accountability, value for money, proportionality and consistency. I wonder how useful that would be, because the Electoral Commission, whatever one thinks of its performance, presumably does not think at the moment that it is proper for it to provide poor value for money or be partial, unaccountable, disproportionate or inconsistent.
The question arises, to make a difference, what difference it will make. My concern—Professor Howarth has expressed this in the press—is that there is a danger of an arm’s-length independent body being pressured by the majority in the House of Commons, and the party of Government, to prioritise things that may be perceived to benefit that party and to deprioritise other things, or even to seek to intervene and give guidance on individual cases. If that were done, there would be the potential for very real damage to the perceived independence of the commission and a sense of people who are elected—by definition, the victors of elections—to some extent regulating themselves. I think that would be the intention with the overall aim of the long-established Electoral Commission.
The Chair
Thank you. Professor Howarth, could you try repeating your answer to see whether we can hear you?
Professor Howarth: I will try. Can you hear me now?
The Chair
Yes, that is much better.
Professor Howarth: I started by wishing Chloe good luck in the reshuffle. The accountability of the Electoral Commission, as Fraser just said, is an important matter, but the commission on individual matters is accountable to the courts, not to Parliament. There is an appeal process. I think there is a witness later this afternoon who appealed successfully against a commission judgment. There are many others who have failed in their appeal or withdrawn it.
It is important not to mix up the legal accountability of the commission to the courts with the accountability to the Speaker’s Committee, which is basically to do with its financial responsibility. The commission operates under an estimate that does not go through the Government. The accountability on the spending side is to the Speaker’s Committee. Where the Bill goes wrong, I think, is in mixing those two things up and subjecting the commission to policy guidance by the Government. The accountability that has been proposed to Parliament is on the basis of the Government’s guidance to the commission and then to Parliament. That reduces the autonomy not just of the commission but of Parliament in holding the commission to account on what it wants to hold it to account on, not what the Government tell it to.
Chloe Smith
Q
Professor Howarth: On the whole, every year there is a useful discussion between the Speaker’s Committee and the leadership of the commission on budgetary matters—issues to do with how much money would be suitable for a particular year. I should really add in parentheses that that will be far more difficult if and when the Fixed Term Parliaments Act 2011 is withdrawn, because it will not be clear whether there will be a general election in any particular year. There is a balance between the ongoing expenditure of the committee on base and the exceptional expenditure that comes about because of the number of electoral events in the year. Over the years, the fact that there were two parts of the budget has been cleared up between the committee and the commission. I think that operates well. It was starting to operate not well by the end. I think that is an example of both.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
Professor Howarth: Perhaps I should answer that more than Fraser. I do not think there should be any circumstances in which there is a Government majority on the Speaker’s Committee. It was set up not to have that, but the balance in the House that determines which party gets which Chair of which Select Committee has an effect. I think the legislation has to be adjusted to ensure that the definition of who is on the Speaker’s Committee is not affected by those sorts of changes. The whole idea is for there to be consensus on electoral matters across the parties. That is the main objection to having ministerial guidance in the first place—a Minister from any particular party might be seen to say something in the interest of the party. Similarly, the Speaker’s Committee should never have a single-party majority. The legislation should make that clear.
Fraser Campbell: I agree with what Professor Howarth says about majorities on the committee. Members have to bear in mind the distinction between accountability and direction. It is one thing for the Electoral Commission to be accountable to Parliament, through the Speaker’s Committee and potentially through other mechanisms, in terms of explaining itself and being questioned about decisions it has made or its performance. It is another thing for it to be directed to do particular things.
That is the concern that arises in terms of the statement of principles. One example of that is that it envisages the ministerial statement and directing priorities. One can easily think of examples where it might be quite improper for particular priorities to be set; for example, if there was a hypothetical party that drew disproportionate amounts of support from older people as opposed to students. One can imagine why that hypothetical party might wish to make it a priority for the Electoral Commission to assist in increasing turnout among the elderly, and on whatever grounds it came up with, deprioritise facilitating students living in multiple households to register to vote. If that was a direction given to the commission, that would not really be accountability at all but interference. It would be much better for the commission to be allowed to get on with what are very well established and understood statutory objectives, and for Parliament through whatever means to hold it to account on its performance.
Brendan O’Hara (Argyll and Bute) (SNP)
Q
Professor Howarth: To answer the first question, this would have been unthinkable in my time as an electoral commissioner, and also that was during a time when there had been a Conservative Prime Minister for the whole time. I do not think anyone would have ever imagined this was a good idea. It is an open goal for the opponents of western democracy. If you are President Xi, you might think this is the kind of thing you want—all the institutions of the state lined up behind the governing party—but not in this country. It is completely unthinkable.
As to where it has come from, it is beyond my time in office. All I can say is it looks as if it has arisen out of certain resentments in certain quarters about decisions the commission has made that people disagree with, and the Government must have been scrambling around for ways of satisfying that desire for revenge and come up with possibly the mildest version they can think of, but even this version is outrageous.
Fraser Campbell: I would not wish to make a window into the Minister’s soul, but I think all Members on all sides would want to bear in mind that if they are in Government, they will one day be out of Government, and one would not want to have a position where whatever party happens to be in Government is able to take advantage of an opportunity to influence or exert pressure on the commission while the sun is shining, only to see the boot on the other foot when they are out of power.
One sees this, for example, in the United States where it is very nice for the governing party to be able to nominate justices to the Supreme Court, but it feels much less promising when they happen to be out of power. In my position, it is much better to have a properly independent process, which we have in the courts here. We do not have the same business of political nomination of judges. We would lose something of value were we to have, in any sense, a politicised, oscillating Electoral Commission, whose priorities change depending on who is setting the direction from time to time. That would not be in the long-term interests of any party.
Fleur Anderson (Putney) (Lab)
Q
Fraser Campbell: Shall I go first this time? I am grateful it is a broad invitation. I think the integrity of elections is not an overwhelming concern in UK electoral law. There have been pockets of extremely bad practice that have been exposed and investigated, and have obtained a high profile, but generally the UK happily leads the world in this respect and should not be shy about that. There are problems though, which are along the themes of needing to encourage broader and freer participation, because that is the best prophylactic against domination by particular vested interests. The explanatory notes rightly draw attention to some dangers of foreign interference or interference by the very wealthy, but one of the things one can do to discourage or balance that out is to have as broad a plurality of participation as possible.
It worries me that certain provisions of the Bill are potentially apt to have a chilling effect on participation by small parties, or those who are not parties at all but are legitimate pressure groups, charities, NGOs, trade unions and so on. An example of that is the power to be given under clause 23 to a Minister, albeit subject to the affirmative resolution procedure, to effectively proscribe the types of organisations that can become registered third parties. That is important because, if an organisation is not a registered third party it is subject to a much lower spending limit. The pre-legislative material that I have seen does not give any explanation as to why there needs to be a power to limit the types of organisation that can become registered third parties. I can see why there might need to be some sort of power to quickly expand the list, if it turns out someone is inadvertently excluded.
The only rationale I have seen for this provision, generally, is to clamp down on foreign interference. If that is the case, it does not provide any justification for Ministers to have the power to exclude numbers of categories from that list, which includes trade unions, charities, UK companies and unincorporated associations. It would be of benefit to the process if this Committee were to examine, with the Government, the rationale for that procedure.
There is a tension between that procedure and a general desire, which is expressed by some parties, to avoid lawyers being too involved in the political process. I can tell you, as a matter of simple law, that if a decision to exclude an organisation was made under such a power, it would be more susceptible to challenge by judicial review than if such a decision was made under primary legislation. As a matter of basic law, judges are naturally much less deferential to secondary legislation, because it has not gone through the rigmarole and process that we are engaged in today. It would be a jamboree for lawyers—in a selfish, personal sense I would welcome that—but it has not been explained and it could have a chilling effect. Even if the power was not actively used, people would be participating as registered third parties not knowing what the situation might be in the future. I think that would disincentivise the plurality of participation that can balance out foreign interference and other less welcome vested interests.
Professor Howarth: I agree with Fraser on clause 23; the delegated powers memorandum—[Inaudible.]
The Chair
Professor Howarth, if I can interrupt you, we are having trouble hearing you again.
Professor Howarth: Oh right! I thought I had fixed that.
Chloe Smith
Could you also lift your head up so we can lip read?
Professor Howarth: The temptation when on a computer is to bend down towards the microphone. I shall try to let you lip read.
I agree that there is a problem with clause 23. The power to add groups that can campaign as third parties is obviously justifiable. The delegated powers memorandum gives no justification for the power to remove or the power to redefine. Those are powers that could be abused.
There is also a change in clause 20 that to most people looks logical, but there needs to be a replacement provision. It is the proposal to end the possibility of parties acting as third-party campaigners. The Electoral Commission’s guidance says that is the main way in which parties can act together in electoral alliances and pacts. If clause 20 remains as it is, with no replacement provision, then parties will not really be able to operate in electoral pacts or alliances. They will be limited to £700 of expenditure if promoting a national campaign of another party. There needs to be a specific provision for pacts that is fair. Obviously, those provisions would have to apply to canvassers campaigning on common ground, but this is too restrictive.
On the question of what ought to be in the Bill, there is a massive Law Commission report on all the problems identified in electoral law, which should be part of this Bill. That report is now gathering dust, as too many Law Commission reports do.
I go back to the Constitutional Affairs Committee and Justice Committees before 2010, which came to an agreement on the crucial issue in electoral reform, which is donations. Should there be a cap on donations? We got a Committee to agree on a very high cap, but also to the principle that there ought to be a cap. If you do not have a cap on donations, the whole system is open to the accusation that it is just there for rich people to buy elections. That is the most important problem in the way we allow elections to be run. We need to get the system on to a completely different basis of small donations by ordinary people.
Jerome Mayhew (Broadland) (Con)
Q
Professor Howarth: Let me explain. The Electoral Commission does not have a role in legal contests about individual cases of electoral fraud. It has an overall supervisory role, but its regulatory powers are aimed at parties and their national campaigns. For example, on the spending returns of individuals in parliamentary elections, the commission has a power to look at them, but no power to enforce the law. That is all done by individuals and by the police.
The commission’s power has to do with the national spending limits of the national parties. If you think the commission should be doing more on that, you need to change the commission’s powers so that it can. What the Bill does instead is remove the commission’s power to instigate prosecutions, which makes the situation even worse.
Jerome Mayhew
Q
Professor Howarth: That is because the Government always opposed it and tried to stop it doing it.
Jerome Mayhew
Q
Professor Howarth: Yes, it is, because it is a power that exists that could have been used, and any proposal to use it makes the Government immediately decide to go back, on whatever grounds. One of the things you should have picked up from Richard Mawrey’s evidence this morning is that the police are not particularly interested in enforcing electoral law and think that electoral offences are not important. If they do not think it is, the CPS will not get many cases and no one will be prosecuted, unless local authorities take it up using their power under section 222 of the Local Government Act, which they might do.
The Chair
We have just a couple of minutes left. Perhaps Patrick Grady will ask a short question and we can have a short answer.
Patrick Grady (Glasgow North) (SNP)
Q
Fraser Campbell: I think there is a perfectly legitimate concern. We have seen in the Bill, for example, the voter ID provisions. In Northern Ireland, they have their own rules and have had for some time because it is a distinct situation with its own distinct concerns. Those differences are much less pronounced between Scotland and the rest of the UK, but, undoubtedly—this goes back to my earlier point—if the statement of principles is to be anything other than motherhood and apple pie, and if it gives rise to controversy, I imagine it will give rise to controversy between Westminster and the devolved legislatures. Involving the Electoral Commission in that sort of controversy—in other words, having it follow a statement of principles as an arm’s length body that it knows is itself politically controversial, not just within one Parliament but between Parliaments—would be regrettable.
Professor Howarth: The commission has come to a very good relationship with the Scottish Parliament and the Welsh Parliament over the years—
The Chair
Order. I am afraid that brings us to the end of the time allotted for the Committee to ask questions. I thank our witnesses on behalf of the Committee.
Examination of Witnesses
Virginia McVea, Ailsa Irvine and Peter Stanyon gave evidence.
The Chair
Q
Virginia McVea: Good afternoon, I am Virginia McVea, Northern Ireland’s chief electoral officer.
Ailsa Irvine: Good afternoon, I am Ailsa Irvine, director of electoral administration and guidance at the Electoral Commission.
Peter Stanyon: Good afternoon, I am Peter Stanyon, chief executive of the Association of Electoral Administrators.
Cat Smith
Q
Virginia McVea: That was obviously prior to my period in office. There are not many records in relation to that. What I can say is that there is no particular difficulty encountered in providing that photographic ID. We have around 370,000 cards and they have been available since 2003. One issue that will be encountered is the administration. Initially records show that the outsourced cost per card was over £14, and that continued. It is now provided in-house, at just over £2 a card, including postage. Part of it will be around comms and how people are able to access them.
For us, there is obviously a time taken per card. Outside election periods, we have had to extend that to a six-week turnaround. I have no record of what the turnaround period was initially in the provision of the cards, but the take-up was much higher. Probably in around 2016, we were looking at more than 20,000 cards being produced in the year. We have found that continuing to tail off.
There has not been any related difficulty in attendance at polling stations of being able to produce ID. Certainly, the data shows a change in the requirement on cards.
We do not know whether people have kept all of their cards—we know lots of cards get lost. We occasionally have visits from various nightclubs when they empty their sports bags on to the table and return the cards that have gone missing. Those need duplicates. A lot of time can be wasted in reproducing cards, but I am afraid that there are very few records that show what the initial difficulties were in engaging and in providing the ID.
Cat Smith
Q
Peter Stanyon: The expectation is that the vast majority of those cards will need to be issued ahead of the next national electoral event—a general election, for example— when the pressures in the electoral offices are at their greatest. Late registration statistics show that the spikes in registration come towards the end. At that stage, the same people delivering the election—certainly across England and Wales—will be the ones who also have to manage the process of issuing free voter ID cards to individuals. In Scotland, it is slightly different because that tends to be done by the valuation joint boards. There is a difference in the way that is delivered north of the border.
The real pressures are that we do not know the statistics—the numbers of people coming through—and, because of the spikes in registration, we will not know that until literally the last minute. One of the concerns being expressed across the electoral community is as much about what the basic system is: what will it look like? Will it require attendance in person? Virginia mentioned posting out ID—will that be permissible in the remainder of the UK? We do not know that detail at this stage.
It will require a whole-council approach—there is no doubt about that. It will not just be the returning officer or registration officer who is involved; it will be councils, with the pressures they are already under when delivering their day-to-day services. It really comes down to trying to make sure that we do not disenfranchise—it is probably not quite the right word—individuals by simply not being able to get to them the relevant ID they require to present at the polling stations on polling day.
The other factor to take into account is how late in the day it will be permissible for an individual to apply for free voter ID from a local authority. The pilots go right up to the eve of the polls, and we have concerns about the ability to cope with what are expected to be higher numbers when interest in the election is higher because it is a UK parliamentary general election.
The Chair
Thank you. Would either of the other witnesses like to comment?
Virginia McVea: Just to say that the statistics that we have in 2019 show that the applications for ID cards will at least double. In Northern Ireland, where we have had nearly 20 years of ID card provision and so have decreased the number of people who might need access to a card, we are looking at around 1,500 or 1,600 applications per month during an election period. That is the information that I can provide in relation to how you might scale it up, bearing in mind that that is nearly at the end of a 20-year process of the provision of cards.
Ailsa Irvine: It is important to ensure that any scheme that is introduced is workable. The voter ID card will play a critical part in making sure that any scheme that is introduced is accessible for those who do not have one of the prescribed forms of ID. It absolutely needs to work, but it also needs to be considered in the realm of the whole administration of elections, including the other changes that the Bill brings forward, to ensure that there is capacity within local authorities to deliver effectively. There must be sufficient time for all this to be planned on an administrative level, with the software suppliers that local authorities depend on, and appropriate resourcing must be in place to support that.
Cat Smith
Q
Ailsa Irvine: In general terms, we have concerns about the commission relating to the strategy and policy statement and the impact that that may have on the commission’s independence, going as it does beyond scrutiny and accountability, and potentially into providing guidance about how we carry out our functions on a day-to-day basis.
Specifically on our accountability to the Scottish Parliament and the Welsh Parliament, which is as important as our accountability to the UK Parliament, looking as we do in those three different directions, it is really important that there is consultation with those Parliaments. At the moment, the legislation focuses on consultation with Welsh Ministers and Scottish Ministers, but we are actually accountable to those legislatures through the Llywydd’s Committee and the Scottish Parliamentary Corporate Body, so it is important to be able to ensure that they are also consulted and involved in the process in an equivalent way to the Speaker’s Committee.
When those consultations take place, whether with the Speaker’s Committee or with the devolved legislatures, it is really important that we are able to see what feedback is provided on any consultation on the statement, so that—assuming that the provisions go through—when it is presented to Parliament, given that it is presented as an all-or-nothing decision, there can be absolute clarity on what those who have been consulted have fed back and on their views on the operability of the statement.
Chloe Smith
Q
I will start with a couple of questions to Virginia about the concepts of turnout, fraud patterns and confidence, each of which is important in what we are looking at, particularly for voter identification. I am sure we would all agree that turnout is not a linear trend—it can be influenced by wider political factors—but can you confirm that in the first general election after photographic identification was introduced, the 2005 election, turnout in Northern Ireland was higher than in each of England, Scotland and Wales?
Virginia McVea: I am sorry, but we do not retain those records within the Electoral Office. I can certainly provide the answer to the Committee as a follow-up.
Chloe Smith
Q
I will turn instead to the evidence of fraud, which is perhaps the meat of the issue in some of what we are doing on voter identification. Has photo identification been effective in stopping personation, and does it function effectively as a deterrent? In other words, does it prevent the crime from being able to take place in the first instance?
Virginia McVea: Views across Northern Ireland will not be uniform in relation to the provision of photographic identification. What I can tell you, from looking at the tendered ballots for June 2017, for example, is that 24 were issued across all of the constituencies in Northern Ireland. In 2019, there were 18. Broadly, it would be fair to say that there is a public perception that photographic ID is helpful. We all know that there is a fear of fraud. The data that I hold, and the evidence that is available to me, does not bear out any kind of systemic fraud in Northern Ireland.
We are in a position where we provide those details in relation to the tendered ballots. When our polling station reports are returned—the poll staff are able to document all kinds of things that have occurred during the day—that is not something that occurs in our reports, nor is it something we hear from our polling station inspectors, who travel around. That said, some parties will raise concerns with me, and we are always trying to provide—through data analytics on the number of people who are used as proxies, or on absent votes generally—as much evidence as we can, to be as transparent as possible, because the evidence that we have does not bear it out.
Chloe Smith
Q
Virginia McVea: Absolutely, but our purpose is to try to inquire as far as we possibly can, so we are now able to lift that out through increased analytics opportunities. Tendered ballots are an opportunity. Feedback from polling stations, and across the board with polling station inspectors, is very helpful. Issues are raised with me; political representatives will contact me throughout polling day, for example. That is not something that is raised in every constituency in large numbers. There will tend to be higher levels of concern in certain areas among certain representatives. Either in situations where people have wanted to move on or where we have thought it necessary in relation to certain polling stations to pass information to the police, there have been no prosecutions.
Chloe Smith
Q
Ailsa Irvine: We do see high levels of public confidence, not only in Northern Ireland but across the whole the UK. We saw that borne out in the elections that took place in May in Great Britain—there were high levels of public confidence in and satisfaction with the processes of voting and registering to vote. It is important to bear in mind that we are starting from a high base of public confidence. Having said that, we know that concerns about electoral fraud are in the mind of the public. From our public opinion survey work, we have found that two thirds of electors said that they would be more confident in the process if they were required to show a form of photo ID at the polling station. So that is relevant and a consideration for some voters.
Essentially, we recognise that, in the polling station process, no safeguards are in place to check anybody’s identity before they are issued with a ballot paper. That stands out quite strongly from other parts of the process. If you are applying to register to vote, your identity is verified beforehand, and if you are casting a postal vote, your identity is verified through that process. It does mean that there is a vulnerability in the polling station process with no check on the identity of voters—as has been found.
Chloe Smith
Q
Peter, thank you very much for joining us. On a different topic, may I pick your brains on supporting voters with disabilities at the polling station? We have a measure in the Bill that will widen the existing law, which includes a highly specific requirement for support for voters who are blind or partially sighted, into support for any disability. What are your thoughts on that, and how would you expect your members to respond to it?
Peter Stanyon: We welcome less prescription. One of the biggest challenges presented in polling stations at the moment is the prescription brought in by the tactile voting device. It works in itself, and there is nothing wrong with it, but it is the one thing available to work with under the legislative framework. The widening of the ability to use alternative methods has to be welcomed, as long as there are base standards that the returning officer is expected to follow. That is not to remove the TVD from polling stations, but to add in additional potential mechanisms that will be of assistance to individual voters.
You may have seen the evidence I gave to PACAC last week. We are making the point that this is the sort of area in which people in the third sector with experience will be able to advise returning officers of the best solutions to allow individuals to vote independently in the polling station, whether they have visual impairment or are there as a regular voter. The key point of the whole process is to give them that ability, and if that means that they are able to use something that is suitable to them—that the returning officer is aware of and that does not break secrecy or introduce risk to the process—we would fully support that. It is about having that ability to provide the flexibility for local circumstances. That said, there does need to be a minimum base standard that any voter walking into a polling station will be able to expect, if they require that level of assistance.
Chloe Smith
Q
Peter Stanyon: I think so. It is the sort of thing that may come into such things as performance standards, which the commission oversees. It will come down to what sorts of things returning officers should be considering, and ensuring that staff in the polling stations are au fait with the options available to them. That will come with a number of strands to it, rather than being the very tight prescription that we have at the moment, which can fail as a result of its not being used correctly.
Peter Gibson (Darlington) (Con)
Q
Virginia McVea: Most of the comments from Northern Ireland will have to be heavily caveated. All present will be aware that the context in which this change was brought about in Northern Ireland was very different from that in which the discussions are taking place here. That must always be borne in mind. There are some practical difficulties, which colleagues have mentioned, in terms of being ready for this. There is the initial cost. Funding was provided, as I understand it, for the Electoral Office of Northern Ireland, but the costs were considerable at a point in the early stages where, for example, the cost of card production was well over £100,000 back in 2004.
There is the cost factor, and there is also the time factor. We may have been able to reduce the cost down now to just over £2 per card, including the postage, but the time factor becomes relevant, and the fact that the photographic ID can be used for other things. People will approach us not for voting purposes, and outside election periods. For example, in January 2019 we had 517 and then 537 applications. The fact that ID cards serve other purposes for members of the public has to be borne in mind in relation to the administrative impact and the time that is taken in terms of staffing—ensuring that your process is watertight, essentially—so that there cannot be further issues in relation to fears among the public about the process itself.
There have been huge efforts in Northern Ireland to ensure that the administration works, but cost and time are big factors. We do not, unfortunately, have records. I have picked the brains of those who have gone before in relation to the difficulties experienced. The passage of time can dim some memories, but it is my understanding that it was not an easy process without its challenges and challengers. However, it is now largely accepted. It has to be borne in mind that we are talking about an almost 20-year process. We do not get conflict in polling stations or challenges in relation to the provision of ID. We do not have a lot of problems in polling stations with people bringing the wrong ID. It happens occasionally, but it is generally not a problem. The bigger teething issues will be, as Peter says, to ensure that the authorities are prepared for it, and have proper processes, sufficient funding and some expectation of the demand that is projected.
Peter Gibson
Q
Virginia McVea: No, we do not. As you might imagine, in terms of queues it would probably take too long. We have had those kinds of discussions. Where you will get it anecdotally is in polling station logs and review processes, post election, with polling staff and polling station inspectors. It is not a common occurrence or a particular difficulty, but you also have to bear in mind that the parties are also very familiar with this process, so there is a lot of messaging that goes out beyond my standard messages on radio and local television. Just prior to polling day, the parties themselves do all they can to make sure people do not forget. As I say, it is a long process—over 20 years.
Peter Gibson
Q
Ailsa Irvine: Yes, that was our finding. We found that the majority of people took their ID with them when they went to vote, and of those who did not, or did not have it with them initially, most returned to vote.
That said, there is a significant public awareness task when the scheme is rolled out. That cannot be overstated. Even in the pilot areas, significant activity was undertaken by the individual local authorities and the parties locally to raise awareness and make sure voters understood what to do. That is something that would need to be replicated on a national level to make sure that it is supported when ID is introduced in Great Britain as a whole.
Indeed, at the commission we are already thinking about what our role would be in supporting that public awareness to make sure there is the broad awareness among everybody who needs to bring ID with them. There are specific types of awareness beneath that. We are working very closely with partners from across the third sector to make sure those who are less likely to have the required forms of ID know what they need to do to be able to go and cast their vote.
Peter Gibson
Q
Ailsa Irvine: It is difficult to speculate. We always want to be led by the evidence, which is why we collect data from police forces across the UK, which are responsible for recording and investigating allegations of personation. We see from that that there are relatively low levels of reported electoral fraud. Virginia mentioned earlier the point about tendered ballot papers. If we were seeing lots of people turning up to vote whose name had already been marked off, we would see that coming through in high levels of tendered ballot papers being issued in polling stations, which we have not seen.
It is a challenge. I am not saying it is easy, with personation as an identity crime, for that to be followed through, but any speculation about the level of that would be difficult, and that is not something that I would want to get into. As I said earlier, there is a vulnerability in the process, which we have recognised and highlighted over a number of years, if there is not any requirement to provide any form of ID.
Peter Gibson
Q
Ailsa Irvine: It would be difficult to see. Obviously, access to the marked register is controlled. It is only available for inspection in certain circumstances, and the use of it is only available in certain circumstances, so it is not widely available. It would be very difficult to know in any of these instances. It would be very much dependent of the individual facts of each case.
Jerome Mayhew
Q
Ailsa Irvine: We have highlighted that vulnerability for a number of years. As I said earlier, we see high levels of public confidence in our electoral process as a whole. That said, there are a proportion of voters for whom this is a concern and who would be more confident if a requirement was introduced. There is some evidence to suggest that some people would become more confident if that was introduced.
However, the one thing we said in our evaluation of the pilot schemes was that, in introducing any scheme, as well as ensuring it has an impact on increasing security, we ensure that its introduction does not have an impact on the accessibility of the voting process and that it is workable in practice. While there is a vulnerability and it makes logical sense for it to be looked at, it must be looked at in a way that not only protects security, but continues to ensure the ability of everybody to cast their vote.
Jerome Mayhew
Q
Virginia McVea: That is usually during election periods. Outside an election period—
Jerome Mayhew
Q
The other advice you gave was that for the overwhelming of people there is not a problem—this is not an issue in Northern Ireland voting now, albeit after 20 years. Does that suggest that effective steps have been taken in the Northern Irish political process to raise awareness sufficiently to remove the concerns that some politicians expressed last week in the general debate, that many voters would be disenfranchised because they would turn up at a polling booth and they would not have the right ID? Is that a false fear once the system is bedded down?
Virginia McVea: We would have to time-travel back to the early 2000s to get a proper feel for the electorate’s response, but if there is sufficient communication and if there is availability of the ID card, much of which will be down to the capacity of the administrators, it is something that people are now accepting of. We have challenges to the office in relation to access to absent votes and discussions around that, but we do not have discussions about photographic ID with any of the parties. Ensuring that those smart passes can be used in polling stations is helpful, so yes, there is a general acceptance.
When you are doing your sums, being mathematically challenged myself on occasion, be careful: we work to the eligible electorate, which may possibly be around 1.45 million, rather than the 1.8 million, which would make the sums even harder dealing with the small figures from Northern Ireland.
The Chair
I have Paul Bristow, Chris Clarkson, Nick Smith and Fleur Anderson remaining to ask questions, and we have until 3.15 pm, so can we be kind to each other? Thank you.
Paul Bristow (Peterborough) (Con)
Q
Peter Stanyon: I would echo the words that Gillian said this morning. At the end of the day, Peterborough has some challenges, and they face up to them superbly well. Whatever is expected of administrators, they will once again step up to that mark, but we should not underestimate the challenges that are being levelled not just by voter ID, but by the other elements of the Bill that make it harder and harder—more challenging—for elections to be delivered. I do not think you will find one electoral administrator who does not want to enfranchise people, who does not want them to cast their ballots or who does not want to provide that free and fair election. That is what it is all about; it is just becoming harder and harder to do so. There are resource and training implications, but the really good practice that local authorities such as Peterborough are able to demonstrate is really helpful and is shared across the whole electoral community.
Chris Clarkson (Heywood and Middleton) (Con)
The question that I wanted to ask has been asked.
Nick Smith (Blaenau Gwent) (Lab)
Q
Ailsa Irvine: Requiring digital campaign materials to include an imprint is something that we have been calling for for a number of years—it has been widely called for for a number of years—and it should go a long way towards providing voters with some information and clarity about who is paying to target them with campaign information. Given the massive boom in the number of people campaigning online, it is something that we know has concerned voters, and voters are telling us that currently they do not feel that they have confidence about where that information is coming from.
This requirement will go some way towards that, although the detailed provisions that are in the Bill at the moment will have some workability challenges around them—for example, by not requiring any unpaid campaign material from those that are unregistered to include an imprint. Although the Bill will bring more people into the category that will require them to register as a campaigner, there is still potential for unregistered campaigners to spend significant amounts of money on creating material and then disseminate it organically, and that would not be required to have an imprint. There is still a bit of a risk and a challenge around the provisions as drafted.
The inclusion of an address in the imprint is an absolutely critical factor, and that will help to demonstrate where a campaigner is based, and whether they are in the UK or otherwise. Again, if there is any activity taking place from outside the UK, although it would be transparent in these instances from the commission’s perspective, and we would have a role in regulating this in relation to non-party campaigners, our remit stops at the UK’s borders. We would not be able to go beyond that.
We have just got experience from the recent elections in Scotland where digital imprints were introduced for the first time. What we saw was that we have a community of campaigners who generally want to comply with the law. We did see good levels of compliance there, with people putting an imprint in place. When we became aware of any instances where that was not the case, we took steps to call up the campaigners to try to bring them in line with compliance. We saw that this was something that can make a real difference to voters.
The Chair
Virginia and Peter, would you like to add anything to that? No. I call Fleur Anderson.
Fleur Anderson
Q
Peter Stanyon: It is almost an impossible question, because you will not know the level of expectation until the day. If it was one person coming into the office to be issued with a card, then yes, that could be done. However, if it was 1,500 people on the day, then that is a different ball game. The reality is that if there were provisions to allow that on the day, we would need to know that very early in advance. We would need to get the structures in place and accept that there would be a cost. Resourcing would have to run almost independently of the election, because the election takes over the day itself.
Going back to my earlier comment, we all want to make sure that everybody is able to cast their ballot when entitled to do so, and to make that as easy as possible. However, even within the current electoral timetable, there are deadlines throughout the day: 5 o’clock for lost or undelivered postal votes; 9 o’clock on the day for changes to the registers. It is not right up to the last minute—there are already accepted deadlines.
Whether it is possible would depend on what is expected, which mechanisms are in place and the expectations on the individuals. Do they need to come to the office? Is it done on a regional basis? Whatever the resources, if that were the system, we would have to make sure that it was financed, resourced and actually deliverable, so that we do not have No. 15 through the door being turned down simply because they could not process that card at that time.
Virginia McVea: Could I clarify the timeline for the Committee?
Fleur Anderson
Please do.
Virginia McVea: The six-week turnaround period is what we use administratively outside of an election period. We do not have any complaints in relation to ID cards not being turned around within election periods, but that is only the case because of the significantly increased resources which ensure the cards are turned around very rapidly.
Fleur Anderson
Q
Virginia McVea: During an election period, we could have around 70 additional staff. We have a core staff of 30. So you can see why, when there is no electoral purpose, we need that six-week turnaround. Most cards do not take that long, but we give ourselves that space. In an emergency, such as the death of a loved one, when someone needs to travel and has no other photographic ID, we will turn the card around in 24 hours. The standard is to allow ourselves six weeks, and it is the significant scaling-up of staff during electoral periods that allows us to turn around the ID cards so quickly.
Patrick Grady
Q
Virginia McVea: Many of the applications are done in person. We do ID clinics, where we take an image of the individual, and then they fill out an application form so that we can verify their data across the data sets in Northern Ireland. We work using date of birth, national insurance number and so on.
Patrick Grady
Q
Virginia McVea: You do not need a photo ID, no. We have so many situations—this will happen to any administrator—where people use this ID for other purposes, such as accessing banking facilities and travel, because they simply do not have another form of photographic ID. Administrators have to be ready for that as well.
The Chair
If there are no further questions from Members, I thank the witnesses for their evidence. We will move on to the next panel.
Examination of Witnesses
Louise Round and Rob Connelly gave evidence.
The Chair
Q
Louise Round: Good afternoon, everybody. My name is Louise Round, and I am the spokesperson for the Society of Local Authority Chief Executives, which speaks on behalf of returning officers. I am also the chief legal officer for Merton London Borough Council.
Rob Connelly: I am Rob Connelly. Thank you for inviting me. I am the returning officer for Birmingham City Council, and through my background as a lawyer I have dealt with Birmingham’s election challenges and petitions since 2004—hence the reason I ended up as the returning officer.
Chloe Smith
Q
Rob, if I may start with you, this question goes on from the conversation we have just been having, which I think you were listening to, about the ins and outs of voter identification. As you mentioned in your introduction, regrettably in Birmingham there is that history of having had a major fraud event. I am interested, first, in your reflections on leading a council out of and onwards from that, because it cannot have been easy to do that, and how you might go about trying to give confidence to the city’s citizens that they can trust in their elections.
If you need a moment to draw your breath, I will give you my second question as well, which is to invite you to provide some insights into the work you have been doing with other leaders of councils to look at what might be needed to implement voter identification—for example, training of polling staff, particular support that might be needed at polling stations and the many detailed questions that I know you have begun to give thought to.
Rob Connelly: I will take the first question to start off. As you say, Birmingham hit a low in 2004 with the various fraud cases that were going on, which resulted in a number of election results being set aside. I joined the elections office in 2009 in the capacity of a deputy returning officer, but even after five years we were still struggling to move away from those issues. I think it was not until 2018, when we had our last all-out elections, that I felt we were able to put the ghost of 2004 to bed for the final time.
When I joined in 2009, the biggest issue for me was not so much fraud itself, but the perception of fraud that remained. When allegations of fraud came up, they would be investigated; we were very lucky that West Midlands police took it seriously and had their own specialist unit that helped us with that. We would obtain evidence in polling stations and, if allegations came up about personation, for example, we would challenge it by asking, “What is your evidence?”
I remember something that put it into context for me. I asked a senior politician at the time what evidence he had of personation, and his response was, “I haven’t actually got any, but I just know it goes on.” That was not very helpful for me or West Midlands police in challenging it, so we decided to be quite “aggressive” in challenging people back: “Why do you think that? The data from our polling stations, which we get from our staff at the frontline, would actually paint a very different picture. There are very few allegations in that particular area of personation.”
We would start to understand why people could not vote—maybe because they were marked as a postal voter. What happened there? Again, we have started to establish slowly over time, certainly for our elected members, that we could be trusted, and it is about restoring that integrity. I think this is part of that road trip.
Chloe Smith
Q
Rob Connelly: Absolutely. We cannot rest on our laurels simply because we do not know about it—that does not mean it cannot happen. Again, it comes back to that working partnership with West Midlands police, but also with all the political parties at a local level, because we often have post-election reviews with them. I go to my oversight committee, any issues are raised with me there and then, and we will take those away. If they have concerns and if we can improve things, we will work with them to implement those changes.
Chloe Smith
Q
Rob Connelly: I suppose the way we get that is from the number of complaints about the process and, bearing in mind our electorate, we get very few. A lot of complaints come via members or MPs. We assure them about the processes, and we can have confidence that we have done everything we are supposed to do. I think that process does take time.
We have also been subject to a couple of reviews by the Commonwealth Parliamentary Association, where they have looked at it completely afresh and picked up a couple of issues, which we then dealt with. One of the biggest issues they came up with was, as an example, people in some communities go in and huddle together in the polling booth. We picked up on that very quickly and we sorted out giving instructions to all our staff on how to deal with it. We put up extra notices in polling stations saying only one person is allowed in at a time.
I also appointed some independent observers, such as former police officers and council employees, to go around independently—I would not know where they were going—to give me a warts-and-all impression of what it was like in our polling stations. I have nearly 500, so it is very difficult for me to know the ins and outs of every single one. That is why we put in extra resources—totally independent of me. The report is done and I then share that with my political groups, so they have it uncensored and we can work together to make those improvements.
Chloe Smith
Q
Rob Connelly: When we learned about IDs potentially coming in, we set up a working group based on a number of authorities, mainly core cities. One of our concerns with the pilots was that they did not reflect a large urban area, such as Birmingham, Manchester or Liverpool. We had some very basic concerns about how it would work. I caught the tail end of the evidence of the previous session. We have the same issues: how can we do this? It has been calculated that about 2% of people have not got ID. That is the equivalent of 15,000 people in my electorate.
If they all come in during the election period, how can I make sure that no one will be disenfranchised? That is quite a big task, and that is the same across the board. We are working closely with Cabinet Office officials. We have the opportunity to put those questions to them and help them understand some of the issues we have at the coalface. That is sort of progressing. We are not just looking at voter ID. We are looking at all elements of the Bill. We have to be careful because it is not just about voter ID, but the impact of the whole Bill together and the impact that will have on administrators and our ability to deliver the election. There is an awful lot there, and it will impact us at a very particular time in the election process.
I have additional concerns from a Birmingham perspective, because potentially the first time this is introduced could be at a parliamentary election in 2024, as we will not have elections in 2023. That in itself would be a major concern for many. I do not think I am alone in that; there may well be other areas that will have that concern.
We meet monthly with the Cabinet Office. We take an element of the Bill, dissect it and feed back, and we are starting to get that information out. We have now started expanding. We have more authorities coming on board, who are very different from Birmingham and are more rural. How will they cope? We have asked the AEA and the Electoral Commission to start looking at it, so we have a joined-up look at how we can do this and give feedback to all administrators, to make sure they understand the implications and they can start planning now.
Chloe Smith
May I ask one more question to Louise and then I will hand on to other colleagues?
Chloe Smith
Q
Acknowledging the breadth of what your members will be involved in, and I imagine you will be able to tell us a bit about how in many cases that spans from the registration process all the way through to delivery of polling day and much more, there is often discussion that says, “Well, let’s just get this done in our elections, let’s get that done. Let’s add a scheme here, add a scheme there.” I acknowledge that that can add up to a lot of asks on you and your teams, and those of your members.
With respect to overseas electors in this Bill, could you give us an insight into what has to be done at present to support the participation of overseas electors? What more do you think members will be doing to support a larger group of overseas electors being involved? Might you also make a comment about the number of days that you end up doing that during the election itself?
Louise Round: I would probably be right in saying that overseas electors is one of the areas that takes the most resource and the most ongoing year-round resource for most election teams. In many teams, there will be one person who is more or less dedicated to contacting overseas electors and reminding them to renew their registration. The proposal in the Bill to extend the period of time for which they can be registered without having to renew is welcome, in terms of reducing that burden.
As with all these things and a common phrase that you will hear us using, most registration events are driven by elections. We can do lots and lots of reminding, and we would, but it always tends to be the case that as soon as an election is announced, particularly a general election, suddenly people remember to renew their registration. It is a full-time, ongoing programme that takes an awful lot of time and energy.
During the run up to the election, when suddenly there is a whole load more work to do, it obviously diverts people who are also dealing with all the other many aspects of the election. The time by which people can register makes that particularly challenging, added to which you have the issue of postal votes. Naturally, the further away someone lives, the longer it takes for their postal vote to go out to them and the longer it takes to get back. There is an awful lot of trying to make sure that voters are enfranchised and have a vote, but also dealing with fall out and complaints when it gets to election day and their postal vote has not been received.
Yes, it is a huge amount of work and the proposal to extend the number of people who can be registered as overseas voters will obviously create even more work, but the idea that you can be registered for a bit longer now is welcome. I could not say how many days and I probably could not put a price on it either, but it is a lot and it will depend on how many overseas electors any particular registration officer has.
Chloe Smith
Q
Louise Round: I think that would make what is already a very difficult task nigh on impossible.
Chloe Smith
Q
Louise Round: As with all these things, some of the detail will come out in secondary legislation. At the moment, it is really tricky because registers are not nationally open. If someone has to show that they have not been on a register apart from in the constituency in which the particular registration office is operating, there is no way really of registration officers checking that, so in a sense it is taken on trust. There is no way for them to check the register even of a neighbouring constituency, let alone one at the other end of the country.
The obligation to be satisfied that someone has a local connection is obviously really time consuming, and it depends how well prepared the person wishing to register is and what evidence they can adduce. At the end of the day, the registration officer has to be satisfied. There is wording in one of the clauses around whether, had they applied a long time ago, they would have at that point been able to demonstrate a local connection, which all begins to get a little existential, almost, and very theoretical. We are not trained detectives, so there is a balance, as in all registration activity, between not wanting to make the requirements so tight that no one can ever be registered and ensuring that we are not registering people who are not entitled to be registered and might be constituency hopping, as it were, to find the most convenient place to register for a particular election depending on what is going on there.
Brendan O’Hara
Q
Rob Connelly: I am not sure that something is missing from the Bill. What always surprises me is the number of postal votes that we get handed in on the day. We are talking perhaps 3,000 to 4,000 at a parliamentary election. We also recorded, as part of what happened, how many people brought the postal votes and in what numbers, and we often asked for names and addresses. There is no legal obligation to tell us, but in case there was a follow-up we tried to address that problem.
After the problems we had in Birmingham, the law was changed to deal with some of the issues that arose. To be honest, I am not aware that we have had major wide-scale problems in Birmingham, but it is not something that we can be overly confident can never happen again; it may do. We just have to be extra vigilant. That is where the joint working comes into play.
Restricting the number of postal votes that you can bring into a polling station may help, but we need to understand in a bit more detail the reasons behind it, because one of my concerns with the Bill is that you might be restricted to bringing in two postal votes into a polling station, but what is stopping you going to another polling station in the constituency and handing in another two? I also worry that by limiting it to such a small number we are potentially disenfranchising the honest person as opposed to your determined fraudster. A bit of work could be done around that.
Brendan O’Hara
Q
Rob Connelly: No, because with postal voting at the moment—I always put that qualification in—we have not had any issues. This is where we work closely with political parties, because we share information on how many we are getting back by ward and by constituency, so that they can spot any potential areas. We have always had a system in place that, if we have more than six new postal applications from a particular household, that would be flagged up and we would have a closer look. We have always put in measures to raise red flags. Individual registration and having to supply, for newer registers, national insurance numbers and dates of birth is helpful. We have the IT equipment whereby we do the signature checking, which is, again, very helpful. IT has moved on a lot since 2004.
Brendan O’Hara
Q
Rob Connelly: It is not a major issue that has been raised with me by either electors or political parties. We did keep some stats in polling stations as part of how to restore confidence in Birmingham. We would record, when someone came in, why they could not vote—for example, it could be that they come in and their surname is already marked off on the register. We have to do a number of years of research into that, looking, checking the numbers.
The two biggest reasons are, first, it was a simple error on the part of the poll clerk—often, it was a big family and they have just put the mark against the wrong person—and, sometimes, they came in but were marked as a postal voter. Again, it was a simple case of forgetting that they had applied for a postal vote. When we got that information back, we undertook that we would look at those cases, to establish whether there was any possible personation or other types of fraud. However, as I say, we have not picked that up and it has not come through to me from any source that personation has been a major problem. We cannot say that it has never happened or does not happen, because we do not know, but I am fairly confident that if it were widespread at a local level, it would have been picked up by party activists who would report it to us and to West Midlands police.
The Chair
Louise, do you have anything to add to that?
Louise Round: Just to echo what Rob said: the incidents of personation in all the years that I have been doing this have been zero—at least, that we have known about. There is a question about whether the cost and extra administrative burden of voter ID is strictly speaking necessary. As Rob said, it does not mean that it does not happen; we just do not know whether it has ever happened.
Cat Smith
Q
Louise Round: In relation to the additional work created by removing the time limit, it is hard to say at this stage. It will depend on take-up. We do not have—or I certainly do not have—any access to any information about how many people who have moved abroad but have not been on the register might now suddenly decide that they want to be. It is a bit of a “How long is a piece of string?” question. What local authority election teams will not be in the business of is gearing up to a just-in-case position. They will have to wait and see, prudently, what extra work comes their way.
On fraud, I do not think that is so much the issue as it is that if somebody has fallen off the register, as it were, then reapplied to be an overseas elector, they cannot have been on the register in a different place from the one they are now applying to. That is the bit where we cannot necessarily check that they have not been, but it does not mean that they are not entitled to be an elector in this country: it might just be that the place they are trying to be an elector in might not strictly speaking be the place they ought to be an elector in.
Cat Smith
Q
Rob Connelly: Sorry, I couldn’t quite hear the question. Will you repeat it, please?
Cat Smith
Q
Rob Connelly: I would come back to the point that we can never rest on our laurels. There is always room for improvement. If we think something would improve the perception of the integrity of our system, I am all for it. As I said, the biggest problem for me was not about fraud itself; it was about the perception and how we dealt with that. For me, people have to have confidence in the system, otherwise how can they have confidence in their elected officials? That has always been the starting point.
That is why we have always gone over and above our statutory obligation. I know we had no alternative, but we found it beneficial. If we do more, we restore that integrity and confidence. I have read in recent reports that there is a fairly high confidence level in our electoral system at the moment, but, again, if we can improve it, we should look to do so at every opportunity.
Cat Smith
Q
Rob Connelly: Just under 500.
Cat Smith
Q
Rob Connelly: We have been talking about this as two considerations, really. We will have to start reviewing all our polling stations again to be able to have privacy screens in place, because some of them can be fairly small. We have a couple of huts, and we would have to revisit those. Again, on polling day, I probably employ around 2,500 all told, including the count, and maybe 1,600 at polling stations alone. Our ability to put a female poll clerk or member of staff in each one is something that will cause us some headaches, and we will have to revisit all our processes to make sure it happens. As it is, we struggle to recruit and retain staff, who come to the polling station literally for one day a year. They do not do it for the money; they do it because they want to part of the process—I am a very firm believer in that. That is a concern for me.
Chris Clarkson
Q
“20,000 voters vanish from Birmingham’s electoral roll”.
That was around the time that individual electoral registration came in. Obviously, a lot of work has been done to combat some of that fraud already, and you should be commended for that, as yours is the largest authority in Europe. How far do you think the measures in the Bill will go towards challenging the perception of fraud, which is still there?
Secondly, you have both said that there are fairly low levels, or no levels, or personation that you know of. Do you accept that, although there is no voluminous information, it is quite an easy thing to do? By using a bit of nous or looking at a marked register, you can work out who does not normally vote, rock up and claim to be them, and vote without any challenge. Do you accept that the measure will go some way to adding extra safeguards to prevent that from happening in great numbers without detection?
Rob Connelly: The short answer is that, for ID, I think it will, yes. I do not know whether Louise has anything to add to that. It will add to that protection, and it will stop your casual fraudster from thinking, “Actually, I know they’re not here, so I’ll nip down to the polling station and act as Joe Bloggs.” It will prevent that type of scenario.
Chris Clarkson
Q
Rob Connelly: Yes, I do.
Chris Clarkson
Fantastic. Louise, do you have anything to add?
Louise Round: I think it is self-evident that if people have to produce some form of ID, it minimises the risk of fraud in so far as there is any. Although confidence in elections is really high—the Electoral Commission’s report, which was published yesterday, made that clear—some people certainly raise the odd eyebrow when you explain to them that they do not have to prove who they are, so it probably would help with confidence, yes.
Fleur Anderson
Q
To add to that, which groups are you concerned might be disenfranchised by this measure, meaning that you would be working harder to include them? We have had representations from organisations representing older people, people with disabilities, people who are black, Asian or minority ethnic, and women fleeing domestic violence, for example. Are you concerned about those groups, and might other groups be disenfranchised?
Rob Connelly: First, in terms of staffing numbers, I do not know the honest answer to that. We are trying to figure that through. I am already very much leaning towards saying that this cannot sit with my core elections office, because it is too big. What I would worry about is that they become swamped and that they will not be able to deal with their core election job: delivering the election itself.
I was interested when Virginia talked about 70 additional staff at the time; I had not even thought that it would be that high. To be honest, that is going to have to be a corporate response from the whole local authority. It is not something that returning officers can do in isolation. I am absolutely certain of that now. We have tried to figure out what that could look like, but until we know a bit more detail it is quite difficult. One of the questions that I have raised is, as I have 10 parliamentary constituencies, do I just have one core centre, or do I have to have something in each constituency to ensure that I do not have any barriers to people coming in? Why should they have to come into the city centre? I do not know.
In terms of who it potentially disenfranchises, that is a really good question. Back in November, I brought a report to one of my committees in the city council, just to flag that voter ID was potentially going to be introduced. They are better placed than I am to identify the vulnerable groups within their communities, so I am going to push the burden on them a bit to tell me who those communities are—older people, students or vulnerable people. I get on my hobbyhorse about students, because my son is 19 and at university. He has already lost two forms of ID, and that was during lockdown—[Laughter.] My advice to him would be: go to your local elections office and get an ID card. I know that it will not have any date of birth, as I understand it, but you have to be 18 to vote, so over time that could itself drive demand.
The other, related scenario is that my son is registered in Nottingham and in Birmingham. If he had lost his ID—like his passport—would he have to come back to Birmingham to collect something and then return to Nottingham to vote? The way the Bill is currently worded is that you will potentially have to make a declaration that you have no other forms of photographic ID. That is just one of those little areas that I had not given much thought to until my son was asking for something to replace his driver’s licence. We automatically assume that, because they are younger, students have ID, but that is not always the case. We have to be a bit wary of that.
Some of my members have said to me, “I don’t have any current form of photo ID.” These are people in their mid-30s or mid-40s. Again, until we actually get into the nitty-gritty of it and put it into practice, I am not sure whether we will entirely know—until the day or week itself.
Nick Smith
Q
Louise Round: I think that it will need to be tackled on a whole range of fronts. There will be a national campaign, and obviously the Electoral Commission will have a massive role to play in relation to that. However, if you take the vaccination programme, which was the most recent analogous experience, our experience is that small and local works. In Merton, as in many other councils, we used local community champions, in some cases from the same ethnic backgrounds as some of the harder-to-reach groups: younger people and older people who can actually talk to people who may be less inclined to, or may not even know that they need to, apply for voter ID in a language and with experience that those people can tune into. It will take a huge concerted effort by the Government, the Cabinet Office, the Electoral Commission and local returning officers.
To pick up what Rob was saying about voter ID cards not being an electoral services responsibility, teams in London range from three to five people, so there is no way they can take on issuing voter ID cards in the middle of an election—as I said, I suspect that, however long the run-up, that is when all the pressure will be piled on. This is a corporate responsibility, and returning officers, generally speaking, are senior managers or chief executives in councils, so they will need to mobilise all their colleagues and make sure that everybody puts all hands to the pump so that we do not disfranchise people.
Peter Gibson
Q
Rob Connelly: CCTV is something we explored in around 2010 or 2011, but we had a number of concerns, including that it might go the other way and affect people’s confidence in the system, in that they might be worried that we were spying on them or would be able to identify how they were voting. We opted not to go down that route. We invested more in additional training for our staff. We even considered looking at CCTV outside polling stations for people who were entering. Again, we did not think, if there were allegations of personation, that that would really help us. We had discussions with West Midlands police about the evidential side of that, and CCTV would not necessarily help you identify who had committed any crime of personation or when. We know it would have been very difficult to prove. As I say, we invest more in our staff who are delivering the ballot papers, and what have you.
In terms of the question about tendered ballot papers, that is something we make sure we reiterate every election. We introduced a form for our polling station staff. If they gave out a tendered ballot paper, they had to give an explanation as to why—what was the reason? We would then spend some time collating that information post-election. That would do two things. One, if there were particular problems with particular polling stations and polling station staff, we could pick that up with them to find out why they were doing those things and fix that for next time. Two, we would then report that back to our members and give out numbers over the whole city, saying that x number of tendered ballot papers had been issued and giving the reasons why. I will be honest with you: there were times when they were probably issued wrongly, but that helped identify the issue so we could eliminate that from the process.
Jerome Mayhew
Q
Rob Connelly: When we had our 2004-05 issue, I don’t think it was with that community.
Jerome Mayhew
I should make it absolutely clear that he was making direct reference to Tower Hamlets in that series of questioning. Rather than pinning it all on the Bangladeshi community, what I really want to focus on is that it tends to be minority communities who have had serious examples of electoral fraud—the kind of fraud that is dealt with in the proposed legislation. That is the area where most disenfranchisement has taken place historically.
Rob Connelly: As an example of that, there was a local election in which complaints were raised with us about potential fraud in the community by one of the candidates. People were potentially going to polling stations, and what have you. We did additional training for our polling station staff in that particular ward—myself and a police officer from West Midlands police—to explain what the particular allegations were and also what they could do to identify offending. In the petitions we have had, people have questioned the integrity of our polling station staff, which we vigorously defend, because 99.9% of the time they are absolutely honest. As I say, they come in for one day a year and without them we cannot deliver elections.
The sort of scenario you are talking about is often identified before an election, because the communities can sometimes be split by party lines. They will flag these issues up with us and we will work not only with the police, but with the political parties. I always think that to combat fraud, there are three parts of the jigsaw puzzle: the returning officer, the police and the political parties. If they all work together, that is how you combat fraud.
Jerome Mayhew
Q
Rob Connelly: West Midlands police always have done because of what happened in 2004 and the criticism they got at the time. It was a lesson well learned for them. Ever since then, they have taken such allegations very seriously. We work very closely with them and we have a point of contact. We will meet them in early January or in February to start preparing for the next May elections.
Jerome Mayhew
Q
Rob Connelly: Yes, you are absolutely right.
Jerome Mayhew
It is fair to say there was room for improvement.
Rob Connelly: Yes.
Paul Bristow
Q
Rob Connelly: They do—I would like to think so. One thing we have to be careful about is that if we introduce voter ID, one of the unknown consequences could be that people say, “I can’t be bothered to go and get my ID card.” Will they then think, “I’ll go and get a postal vote instead.”? We just have to be mindful of that.
Paul Bristow
Q
Rob Connelly: After 2004, all the political parties undertook not to—
Paul Bristow
That is absolutely true.
Rob Connelly: The Labour party have signed undertakings before every election following that. It gets undertakings from its candidates and activists that they will abide by all the guidance. It shares that with me and gives clear instructions that, certainly in Birmingham, its party activists will not go anywhere near postal votes.
Paul Bristow
Q
Rob Connelly: The only reason you would allow it is if a disabled or elderly person wanted some help, but that is a service we can offer.
The Chair
If there are no further questions, I thank the witnesses for their evidence and we will move on to the next panel.
Examination of witnesses
Dr Kate Dommett, Professor Justin Fisher and Darren Grimes, gave evidence.
The Chair
Q
Professor Fisher: Hello, my name is Justin Fisher, and I am a professor of political science at Brunel University London.
Darren Grimes: Hello, I am a political commentator, and I campaigned for leave in the 2016 referendum.
Dr Dommett: Hello, I am Dr Kate Dommett and I am a senior lecturer at the University of Sheffield.
Cat Smith
Q
Dr Dommett: Thank you very much, Cat. First, it is very good to finally see imprints being tabled into electoral law. This is something that has been called for for 10 years. I have sent evidence to the Committee that outlines some small changes, but broadly I think there is support for this and it is likely to be welcomed. There are questions about the implementation of the proposals as drafted. For example, there is a lot of vagueness around what it means for an imprint to be “reasonably practicable”. From my perspective, that appears to be quite a big challenge in implementation. Is it going to be down to a campaigner, for example, to determine what is reasonably practicable? If that is the case, we are going to see imprints being placed not directly on the material itself, but on external websites. That starts to pose significant challenges not only for oversight, but for researchers such as me, who will be tasked with collecting all these instances to offer any scrutiny. That is a point of concern that I would raise.
The other issue is the distinction between paid and unpaid material, and the implications for what is regulated under each type of content. This is a very challenging issue, and it comes to your question about what is and is not being covered in future-proofing. It is notable that, in focusing on page content, we are talking about a very specific type of page content in relation to imprints. This is about being paid for dissemination, and it is a reflection of the huge growth in online political advertising and payment for dissemination on platforms such as Facebook. It leaves a big gap, so we are already seeing, particularly in other electoral contexts, things like influencers being paid to produce content that they then disseminate organically. That material would not be required, if it was being disseminated by an unregistered non-party campaigner, to contain the kind of imprint we are talking about. There are some questions about what will be left out under the Bill as currently drafted.
There are also issues of confusion around paid and unpaid content. One phenomenon that we see very often is that a piece of content will start paid and will then begin to be disseminated organically or, vice versa, it can begin as an organic piece of content and a campaigner can then decide to pay to boost it. Depending on the origins, it could create ambiguity about when an imprint is required.
I think there is also a challenging question, and I see both sides of it, about the regulation of unregistered third-party campaigners. There are of course valid concerns about the regulatory burden placed on those actors, but it does create an opportunity for something we have seen evidence for: a lot of organic groups that are very small in scale co-ordinating to disseminate messages across social media. They would not have to carry an imprint under these rules. There is a very good example in Scotland, where this has already been tested and where both paid and unpaid material from all actors is required to have an imprint. I think it is interesting that the Bill is diverging from that practice, and I would raise a question about that.
On your bigger question about whether this is enough for the regulation of digital campaigning, I think my answer can only be no. That was being called for 10 years ago, and you only have to think back to 10 years to think about how much the digital space has evolved. There are huge questions around the regulation of digital campaigning, particularly about the power of our electoral institutions and processes. The democratic institutions that we have to oversee elections do not have any power to intervene in the activities of social media platforms, which now provide an incredible and very valuable platform for campaigning. The Electoral Commission in particular has minimal powers to compel information from those actors.
As a researcher, I may be expected to say this, but there is an incredible lack of transparency around digital campaigning because of the lack of data access available in that space, as it is a commercial realm. That means that it is virtually impossible to scrutinise what is happening in the digital space, and given the range of concerns emerging in that area, the Bill misses an opportunity to provide avenues for more information about what is happening online. Broadly, I would say that it is good to finally see this being taken forward, and I think there is potential for it to work well with a couple of clarifications.
Cat Smith
Q
Dr Dommett: Yes, there is definitely potential for confusion. One of my headline thoughts about the entire Bill is that it is a real missed opportunity to fundamentally rewrite electoral legislation to provide greater clarity, which has been repeatedly called for because we have a mismatch of regulations, so I think there are potential concerns. I have forgotten what you asked about—was it third-party campaigners? Apologies.
Cat Smith
It was about third-party campaigners and the Minister’s power to remove their ability to campaign.
Dr Dommett: I have concerns about the powers of ministerial discretion in a number of areas in the Bill. That comes to a different area of my research that is not focused so much on the digital side but on public perceptions. The importance of electoral processes—especially electoral oversight—being seen to have a high degree of independence is absolutely pivotal for public trust. I would have concerns about the Minister’s ability to exert discretion here. I think that is fine for parliamentary oversight, but Government interference could raise public concern.
Chloe Smith
Q
I will try to ask a question or two of each. Kate, sticking with you to start—very good to see you—will you give us an insight into the international picture of digital imprints? My understanding is that it is not a very long list of countries that have yet been able to address this and put it in place. I acknowledge your point that it has been a long time coming but, in turn, you will appreciate that is because we have taken time to do technical consultation quite comprehensively, which is needed here. Given that context, is it not the case that not very many other countries have managed to do this yet and we stand a chance of being in the lead?
Dr Dommett: You will have to forgive me, in that my research focus is largely the UK, so I cannot speak with as much authority here as I would like. There is some precedent for this around the world. What I am most familiar with is not national Government efforts, but the efforts made by social media companies in this area, where we have seen it rolled out at scale very successfully. As in a number of areas of electoral law, the UK is leading the way in terms of transparency, so I certainly agree that this is something that would help set a good standard, but there are certainly improvements that could ensure that this specific intervention marks a gold standard for what is done.
Chloe Smith
Q
Dr Dommett: From my perspective, it is interesting to read the Cabinet Office’s ambitions for this particular goal. They are extensive and varied. Primarily, this is about aiding electoral oversight and making it clear which actor is responsible for campaign materials, therefore providing a trail in order to determine whether any of the existing regulations have been violated.
In addition to that—this is where there is less evidence, interestingly, but where emphasis is often placed—this is about public transparency and increasing confidence and trust in the electoral process. In current debates, an awful lot of weight is placed on the ability of imprints to advance that goal. I would question whether we had the evidence that that is actually the case. It is something on which we have current live research ongoing here at Sheffield. We are looking at the relationship between seeing an imprint and a resulting increase in public trust. The primary goal, however, has to be that important one, which is providing a clear steer on where that information is coming from. That is vital because, from the public perspective, it helps. We all use cognitive shortcuts, so it helps us to orientate and understand the motive with which that actor is placing the content, which is very important.
Chloe Smith
Q
Dr Dommett: I am afraid that I am not an expert on PPERA, so I will not be able to comment.
Chloe Smith
Q
Professor Fisher: The question of notional expenditure has exercised electoral law since the introduction of PPERA 2000. Essentially, before that we had no national expenditure as such. It has caused some difficulty with questions surrounding the role of national parties and their targeting strategies, and the accusation has been that candidate expenses are bypassed.
There are a number of ways one can look to solve the problem, but having looked at all the ones that have been suggested, it seems to me that they would cause more problems than the current situation. I welcome the Bill’s attempt to bring clarity to that situation; for example, the notes around the Bill talk about the “leader ‘soapbox’ visit”. In the research I have done on campaigns, I came across a slightly ludicrous situation in the last campaign where a candidate needed to hide from their party leader to ensure that the expenditure did not fall on the candidate.
However, in recent years there have been a number of cases that were distressing for those investigated and, in one case, the investigation led to a prosecution. The prosecution that followed the case in the 2015 election was very interesting, in that the person who was prosecuted was from the national party, rather than the responsibility falling on the agent or the candidate.
I welcome the attempt to clarify that; I have some concerns about the wording in the Bill, which refers to being “encouraged” to engage in some activity. It seems to me essential that the candidate, the candidate’s agent and the relevant member of staff in the national party should be protected from any false accusation and that, therefore, there should be a proper documentary trail. That being so, the word “encouraged” leaves one open to misunderstandings and difficulties. It would be better for the principle to be in line with the acceptance of donations, where everything has to be on paper.
Coupled with that, it would be sensible for there to be a responsible person at the national party headquarters for authorising party expenditure in a constituency. There is no suggestion that that has happened, but it would perhaps protect junior members of party staff from taking the blame for something that had been authorised further up.
While I endorse the Bill, there need to be some safeguards, because in the past there have been suggestions that perhaps candidates and agents have had to take the blame for the actions of national party headquarters. Indeed, that is precisely what happened in a tragic case in 1997, and in a number of the cases I referred to that did not reach the court in 2015, there was some suggestion that candidates and agents were left rather more exposed than was necessary. I endorse the Bill. This is a difficult area, but on balance I think this is the best approach. It recognises both the electoral system and the traditions that we have in this country—but there should be some tightening of the language in it.
Chloe Smith
Q
Professor Fisher: Definitely. In some ways, this refers back to the questions posed to Dr Dommett. I have some concerns about the over-regulation of elections. We have to accept that there is some activity that we simply cannot regulate, and one cannot have a situation where people who voluntarily engage in politics, which is a good thing—the vast majority of electoral agents are volunteers, and we would not want to prevent them from getting involved—find themselves on the end of a legal investigation as a result, perhaps, of a misdemeanour of which they were unaware. That is particularly true of electoral agents. The vast majority of them, more than 80%, are volunteers. It is some job to stand up and take on that role, in the knowledge that you could find yourself in prison.
Chloe Smith
Q
Professor Fisher: It seems to me that any piece of electoral registration around finance should be principally about transparency and trying to have an equal playing field, as far as that is possible. The tier for registration in England is out of step with the rest of the United Kingdom, so it makes good sense to harmonise that.
There is a real danger of third-party expenditure from outside the United Kingdom. It is right that the Bill seeks to regulate it, but I think that we must recognise that we will never be able to prevent it entirely. The internet falls outside of UK jurisdiction; we can deal with imprints, but it would be very difficult to stop a concerted campaign on Twitter or Facebook by a foreign actor. The principle is absolutely sound, and is something that has been practised since PPERA was introduced in 2000. The attempt to keep foreign activity out of elections is a problem that is found across the globe. This is a step in the right direction, as long as we recognise that we will not be able to stop all of the activity.
Chloe Smith
Q
Darren Grimes: Absolutely. I agreed with everything that Professor Fisher said. Briefly, as someone who was just a volunteer, and who does not know much about laws or statute books, I will set out why it is right for the law to make it easier for people to be part of the democratic process. Looking at what happened to me and others, a key concern for me is that if there were to be another referendum—and God help us if there were—people would be unwilling to put their heads above the parapet and be a responsible person for a registered campaign. I think that is a pretty damning indictment of where we are at in our democratic process.
Ultimately, as you have all said, a democracy that relies on volunteers would be left wanting if it was to be unable to recruit them. We would be poorer for the loss of their contribution. I have to say, with my hand on my heart, I would certainly not put myself forward as a responsible person in an election ever again—for as long as I live. It is not worth all the money in China for me to do that. That is pretty sad, and we should do anything that we can to make the process easier and more transparent, and for the Electoral Commission’s role in dealing with those registered to be permitted participants in elections role to be much more transparent. Anything we can do to make the process much more streamlined, much more transparent, and much clearer will be beneficial for a volunteer-based democracy.
Professor Fisher: May I comment on that? So that there is no misunderstanding, I think we have to protect volunteers, but a difference emerges once you start spending money. I think that is a very important distinction.
The Chair
For the benefit of witnesses, there is about to be a vote in the Chamber, so I thank the witnesses for their evidence, and the Committee will meet again here at 11.30 am to take oral evidence.
Ordered, That further consideration be now adjourned. —(David Rutley.)
Elections Bill (Third sitting)
Thursday 16th September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 16 September 2021 - (16 Sep 2021)
The Chair
Before we begin, I have some reminders. I encourage hon. Members to wear masks when they are not speaking. Please also do what you can to give one another and members of staff some space. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.uk. Please switch electronic devices to silent mode. Tea and coffee are not allowed during sittings. We just have some private business before we start.
The Chair
Q
Before the first Member asks a question, I remind all Members that questions should be limited to matters within the scope of the Bill and that we must stick to the timings in the programme order that the Committee has agreed. For this session, we have until 12.15 pm. Could the witnesses please introduce themselves? Heather, would you like to go first?
Heather Harper: I am Heather Harper, chairman of Conservatives Abroad—the global network of Conservative members and supporters around the world.
The Chair
Thank you. George Cunningham, would you like to introduce yourself?
George Cunningham: Thank you very much. First of all, honourable Members, I am very happy to be with you today. I am the chair of Liberal Democrats Overseas, which is one of three local parties that are abroad, the others being LibDems in France and Liberal Democrats in Europe. I am the chair of Lib Dems Overseas; I have also been chair and vice-chair of Brussels and Europe Liberal Democrats, so I have covered geographically all the areas of the party outside the UK. I stood for Parliament in the 2015 UK general election while being disenfranchised because of the 15-year rule, so I was a candidate without a vote. It is very nice to be with you today.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
George Cunningham: It is important that we try to take as much of the pressure off the councils having to do this and try and automate things as much as possible. Effectively, using a purely postal system is denying thousands the ability to vote and in some countries, such as Indonesia and parts of Africa, there is no postal service worth talking about. The outcome is that British citizens living closest to the UK get a chance to vote, but it is denied in far-flung places. If you imagine the numbers in Australia, for instance, of British citizens, you are basically excluding almost a million over there out of the 5.5 million or so British citizens abroad.
The problem is accentuated further with the abolition of the Fixed-term Parliaments Act and a possible shortening of the time period between the proroguing of Parliament and election day. There is also an issue—and this is personal experience—of prepaid envelopes. In some countries, local postal offices that do not really get the information do not accept them as prepaid. They just chuck them in the bin because they do not have local or national stamps on. So it might be best not to have them prepaid so that post offices see that the correct postage stamps have been put on for mailing.
As coming up with a secure system online voting does not seem yet to be on the cards, our embassies and consulates could get involved, as is the case with other countries. A few days could be saved if they were posted out by the embassy on the day the election was called, based on the register held there. Alternatively, ballot papers could be downloaded from the UK website, limited to those who have registered online via the gov.uk website, and then mailed back, because that cuts in half the amount of time for the stuff to come back.
Proxy votes are not adequate because we are talking about people who have been away for more than 15 years so they have lost a lot of friends, perhaps even through death. We have to do the best we can to speed up this whole process, and also to reduce the pressure on councils.
The Chair
Thank you. Heather, would you like to add anything?
Heather Harper: Only that, although I have been an expat for many years, I have not personally voted from overseas. However, having worked on these matters with so many of our overseas voters, I would say that I am very strongly supportive of the Bill in its current state because it addresses so many of the issues that have arisen from the complaints, in just some of the things that are addressed, and the difficulty in overseas voting. What is in the Bill is very streamlined and will increase overseas voters and make it much simpler and easier to vote—or register, rather.
Cat Smith
Q
George Cunningham: They are two separate issues. It is important to recognise that a lot of people living abroad are pensioners or teachers—they are all kinds of people from ordinary walks of life like ourselves. They are all equal in front of the law and in front of God, let us say. That is one issue. There is a separate issue concerning the financing aspects, which, of course, many of us consider to be very unsatisfactory, but I do not think it has affected things enormously. The fact that companies can donate and so many companies that are foreign are on the stock exchange and de facto foreign, and through their subsidiaries they can donate to the parties here: that is the critical issue that needs further addressing in a separate Bill. I think it should be disassociated from the Elections Bill.
The Chair
Heather, would you like to add anything to that?
Heather Harper: Yes, I would. Electoral law regarding donations to political parties is set out in the Political Parties, Elections and Referendums Act 2000, which already allows British citizens on the electoral roll to donate to any party. UK nationals living overseas are not foreigners, and they should not be conflated with foreign donations. I do not see any significant effect on donations. It may increase our membership, which is £25 a year—quite honestly that is hard enough to get most of the time. Conservatives Abroad is not an organisation that solicits large donations; our emphasis is on engagement. There is already a robust a legal framework in place that bans foreign donations—I do not see any significant increase there. What is important now is to increase the awareness of voter registration.
The Minister for the Constitution and Devolution (Chloe Smith)
A big welcome to our two witnesses. George, it is lovely to see you again in person, and Heather it is very good to see you again. Is it the case that Anne is still unable to join us?
Chloe Smith
Q
Heather Harper: I think they should be treated exactly the same. One of our expatriates in France said,
“We want to be able to live our lives not as some kind of second-class citizens denied our right to participate in the democratic processes of our country, but as fully capable and fully recognised citizens of the UK.”
Minister, our British citizens have a long history of living and working overseas, starting with explorers, engineers, teachers, scientists, hospitality workers, sportspeople, financial services and health workers. Many of them return to our country with a new-found wealth of knowledge and experience that they gained overseas. They should be treated exactly the same as every British voter. We are one of the few democratic countries in the world that actually denies, and puts a time limit on, their citizens’ right to vote. In answer to your question: they should be treated equally.
Chloe Smith
Q
George Cunningham: First up, I have to say the Liberal Democrat party has long campaigned for the abolition of the 15-year rule and for establishing the institution of overseas constituencies, which we feel is the best way for people to have their voices heard. Perhaps we will come back to that. The commitment to both of these is featured in our 2017 and 2019 general election manifestos. We support the Bill’s aim to abolish the 15-year rule as an important first step for British citizens having equal rights, to be properly represented and to have their voices heard.
With that in mind, we have the unfortunate—from our perspective—situation of the referendum in 2016, which showed that a lot of people who had lost their vote were not able to participate in something that would fundamentally change their lives in Europe. That is the most prominent thing that has happened, but there are many other things that, if we had MPs representing overseas constituencies, are issues of concern to overseas voters regarding the UK. For instance, unfreezing pensions; in Australia, Canada and in many parts of Africa where, if there is not a reciprocal agreement, people’s pensions are not increased, meaning that they receive something like a quarter of the pension received by UK citizens here. This is an important campaigning issue. Another is NHS access. We have a member who is very sick at the moment, and it is not possible for him to access the NHS because he has not been living in the UK for a while. There are many issues there that are of great importance to us.
Our voice will be heard so much more. Many of those who will have been abroad for more than 15 years when the rule is, hopefully, abolished are of course pensioners, who are the most affected by these things, which have to be addressed. Those are some examples of issues that are of concern to UK citizens abroad in terms of the importance of treating everybody equally—all citizens being equal in front of the law.
Chloe Smith
Q
Heather Harper: I have many examples; I have just mentioned Christopher from Paris. My inbox is full of people from around the world who are so angry about their right to vote because they basically feel that they are not valued. I do have to say, though, that this is not a party political issue. This is about granting the right for all British citizens to register to vote, so I have to acknowledge the fact that Harry Shindler, of the Labour party, has been campaigning for his right to vote for the last 20 years. I have been working hard—with support, indeed, from Labour International—to represent all the people who have been disenfranchised. Harry, by the way, says,
“I fought for my country”—
he is 100 years old
—“and I feel that I have been fighting for my right to vote, why should I be denied that?”
The Bill will improve the House significantly. It will get people to actually register, and it will encourage people who have fallen off the register because of the difficulties that they have faced: they come up to the 15-year rule and think, “No, I can’t be bothered, because I am going to be disenfranchised,” or they face difficulties in having to annually re-register.
Minister, removing the 15-year rule and treating everybody equally removes the uncertainty about who can and who cannot vote. By making the registration last for three years, the process is less cumbersome and more people will be encouraged to engage with it. By introducing the prior residency criteria, the Bill is going to help, in particular, younger family members who have not previously been registered in the UK.
The Bill addresses so many of the issues that actually have stopped overseas British citizens from registering to vote. I hope that that goes some way to answering your question.
George Cunningham: Two things come to mind. One is Brexit and the impact that it has had on our citizens in the European Union. This is an ongoing issue that has not been resolved. They are very frustrated about the fact that many of them had no say, and then were left in the lurch in many respects. To give them the vote will perhaps push more of an interest within Parliament to protect their interests and see ways in which the situation they face can be alleviated.
It does depend on the country within the European Union and the reactions towards our citizens, and I am happy to say that many countries have tried to be as helpful as possible concerning our citizens, albeit in terms of residency rights that is a bit of an issue. There will be a voice for those who are in pain because their pensions have been frozen, and perhaps it would then become more of a political issue. Certainly in our party we would be encouraged to put some overseas issues into the manifesto for elections, and I think that would be very helpful to them. I actually see positive things.
Of course, if there are no overseas constituencies, it would be so much simpler to register. If a person has a British passport and is above the age limit, then surely they would be able to vote for a constituency, which has a geographical limitation. This would help, for instance, where a child has not been living in the UK—at the moment they continue to be disenfranchised, even if they are British citizens. This would overcome the problem.
The Chair
Before I bring Patrick Grady in, we have good news and bad news. The good news is that the technical fault is nearly resolved; the bad news is that we are not quite there yet. Minister and Cat Smith, would you be content to repeat your questions to Anne Wafer once she joins, if we have time?
Chloe Smith
I am happy to, as long as it does not take time away from colleagues.
Patrick Grady (Glasgow North) (SNP)
Q
I was also interested in something you said in passing, George, about an overseas constituency. I wonder if either of the panellists have a view on that. At the moment, a vote goes towards wherever the voter last resided, and I can well understand the point that although someone maintains an affinity for their country and has citizenship of the UK, surely after a considerable passage of time the local issues in the constituency will have changed considerably. Not every single overseas voter will still be paying attention to the exact circumstances in the constituency in which they lived. Is there any merit in the concept—which exists in other parliamentary democracies—of a dedicated overseas constituency that is represented by an MP for the overseas?
The Chair
Before you answer, may I interrupt to say that our third witness, Anne Wafer, is now with us. Anne, would you introduce yourself to the Committee please?
Anne Wafer: I am sorry for the delay; my computer decided to update something at just the wrong moment and it is now running a bit slowly, so it may not be perfect. It has been fine—it was perfect for the test.
Anyway, I am from Labour International, the international section of the Labour party. I am the communications officer. We have about 3,000 members, who live all over the world. I live in Slovakia and am the secretary of the central and east European branch. I could answer the question that has just been asked. Is that okay? Can I carry on to that, or do you want to know more about me?
The Chair
No, that is a lovely introduction and we will leave it to the first two witnesses to answer that question first, and then you can come in, Anne. That will be fine. Heather, would you like to go first?
Heather Harper: I am not in favour at all of an overseas constituency. The home constituency is and always has been the fundamental building block of democracy. All Britons overseas hail from all parts of the country, and their insight into their home constituency should not be lost in any way. Nor should their voices be muffled by being aggregated into a few catch-all expat seats.
Boundary changes may have occurred and may still occur to those constituencies from which our members departed when they went out to the world to study or work, but it is the town or area that our members call home. I think that is fundamental.
An idea that some members of Conservatives Abroad have come up with is an expats office, akin to the one that has looked after British veterans’ affairs under various Governments. Such a ministry, office or agency would be able to serve as a focal point for communication to and from expats, enabling the Government to gain insights from our global Britons and to swiftly address all the concerns and queries raised by expats.
George Cunningham: On my side of course, as we say in our manifesto, we are for overseas constituencies. We look at France especially, but also at other countries, to see how well that system works. Specific issues that are of concern to our members and other British citizens abroad are specific to being abroad. For instance, say in Australia or in Canada, when it comes to frozen pensions, they want the Government to negotiate an arrangement with the Government of Canada and the Government of Australia—a reciprocal arrangement—so that they can upgrade their pensions to a proper level.
These are the kinds of areas—that is just one of them, but there are many other areas, for instance within the European Union—where people want to have a way to funnel their view. If you dissipate that voice across 650 constituencies, only a tiny number of people in each constituency voice that view within the totality of the work of the Member of Parliament.
We understand that maybe we cannot reach overseas constituencies yet; we understand that this Bill is a building block. That is why we support this Elections Bill when it comes to the overseas side—pretty much—but we would like to see overseas constituencies as a stage 2 in due course.
Anne Wafer: I left the UK in 1978. Before then, I was a student and then I lived in a few different places. The job I had before I left was a one-year contract, so I cannot actually remember where I was last registered to vote, and this could be a problem; it may be a place that I do not now have a lot of connection with. Obviously you cannot just choose a constituency at random. If there was the opportunity to pick one that you had some proven connection with, rather than the last one, I think that would suit us better.
Also, I wonder how we can find out. I am pretty sure that I was registered, but I do not have a clear memory of it, because in those days you did not have to register yourself. How do we find out where we were last registered and how do we prove it?
Moreover, I know that our members have been talking about having a constituency for overseas citizens, or would be interested in that, but I am not sure that now would be the time to include that. If this becomes law, as it probably will, potentially a lot more people will become interested in joining political parties and registering to vote, so for that reason perhaps an overseas constituency is a good idea. At the moment, we will probably just take this step, if we can. But we have certainly been considering it, and some of our members live in countries where that is allowed—where they do have overseas constituencies. So yes, we would look at that favourably.
The Chair
Only one member of the Committee has indicated that they wish to ask a question, so I now call Cat Smith, the Opposition spokesperson, and then the Minister to ask a couple of catch-up questions.
Cat Smith
Q
Anne Wafer: I am very pleased to meet you, Cat. The last constituency where I was registered to vote may well have been Lancaster, your constituency, because that is where I went to university, and I would be very happy with that.
On problems, I have been abroad for more than 15 years, so I do not have a vote. I notice that the Bill will extend the vote for parliamentary elections, but it does not mention referenda. I think that is an important omission, because it is a big bone of contention for our members that we could not vote in the EU referendum. I did see some news that said we could vote, but then the same day I saw another piece of news saying they had decided we could not.
Brexit has affected our right to free movement within Europe and our right to bring home any European-born family members, for example, which is going to be much more difficult. A lot of people would have liked to return with partners, family members and foreign-born children, and maybe elderly parents who need care and do not want to be left behind, but that is much more difficult now. We would very much like to have voted in that referendum, although it probably would not have made any difference to the result. However, there could be future referenda, perhaps to rejoin or for regional assemblies, or anything like that, so we would like referenda to be included.
There will be quite a lot of bureaucracy involved. I feel as though I have been swotting for an exam that I never attended the classes for, because I have stepped in fairly last minute and I have not paid particular attention to the Bill before. However, I do know what our members’ opinions are, because they have been campaigning for a long time for voting rights to be extended to people who have been abroad for more than 15 years. One of our best known members is Harry Shindler, who lives in Italy and turned 100 in July. He has been campaigning for the extension of voting rights for a long time, and I am sure that some of you have worked with him—Heather, I have seen a photograph of you with him. He is still a very active member at 100 years old.
We are very strongly for this part of the Bill, but there are other parts that we are not so happy about. There will be quite a lot of bureaucracy involved. We are used to that, because anyone who has lived abroad has had to fill in forms for British bureaucracy, or the bureaucracy of whatever country they live in, but hopefully registration will be made much simpler for everyone.
I notice that there is a section on accessibility. Accessibility at polling stations does not affect us directly, but it does affect our family members, so we think that should be a lot stronger.
Cat Smith
Q
Anne Wafer: That could be a concern, because the perception is that British people who live abroad are all wealthy and living in tax havens with lots of money. That is not necessarily true, certainly among our members. I have not studied that part of the Bill closely, but there does now seem to be a potential for wealthy people living abroad to be allowed to send huge amounts of money to their favoured political party. There needs to be some regulation of that. I cannot really say any more about it because I have not studied the details of exactly how that would work under the Bill, but yes, I would be concerned about that.
Cat Smith
Q
Anne Wafer: I do not know. I study genealogy, and there are electoral registers going way back to the 19th century, so I wonder why there are no records, because that is news to me. I assumed there would be. There would need to be some proof that you had that connection and lived in a particular part of Britain. I am getting my pension from Britain, so that should be sufficient proof, for example. It is not a very big one—I am getting a tiny pension—because I left quite early, but I am getting one, so there should be an alternative way of proving that you had that connection and had lived there.
There are a lot of measures in the Bill on voter fraud, but there does not seem to be much evidence that it actually happens. I am sure there are ways to prevent it without disenfranchising people, which has a bigger effect on the electoral result than small amounts of voter fraud. As people who live abroad, we have to jump through so many hoops to sign up to register and get proxy votes, and I do not think the potential for voter fraud is very high. Obviously there need to be some protections in place, but it should not be too difficult to prove that you have lived in a place. If you have a pension from Britain or had a job in Britain, there must be some record that you lived there.
There should be some flexibility in what records could be provided if no record can be found that you were on the voting register, because we do not want to be disenfranchised on that account. Although I have lived abroad for a long time, I still have a lot of connections. I lived in Ireland before I came here, but I visit my family every year when I can—of course, the pandemic has prevented that—and take a strong interest in politics.
The Chair
Thank you, Anne. We are running out of time, so I would just like to squeeze the Minister in.
Chloe Smith
Q
Anne Wafer: I did see that, but I was not quite sure how that would work in practice. I did see something—maybe not in this Bill—about how if you had left before you were old enough to register, then you could prove residence. Hopefully it is not just limited to that but is extended to everyone.
Chloe Smith
That’s right, Anne.
Anne Wafer: Can you assure me of that? It might have been a preliminary discussion—
Chloe Smith
Q
Anne Wafer: Does it cover oldies like me, though—the residency?
Chloe Smith
Absolutely, yes.
There are three questions I put to the witnesses previously. I will ask them swiftly. I asked, first, whether witnesses thought that British citizens overseas should be treated as equally as possible with British citizens in the UK. Secondly, I invite you to suggest what kinds of policy topic matter to overseas citizens. In other words, what are their interests in UK politics? For example, pensions are one interest, but there might be others. Thirdly, I wonder whether you have examples from your membership, your friends or your network of how people feel when they get, effectively, kicked off the register —disenfranchised, in the proper sense of the word.
Anne Wafer: Can you ask the first question again?
Chloe Smith
Of course. Should British citizens overseas be treated as equally as possible with those in the UK?
Anne Wafer: Yes, I think so, although even as members we are not treated completely inclusively. Of course, we cannot stand candidates in Britain, but other than that, in our party we are equal to any other constituency Labour party that is in Britain. We send delegates to conference and everything else, so I think as citizens that should be the case as well, because we still have an interest in our country and the regulations still affect us. Many of us are getting pensions, and some of us will want to return at some stage. I thought of returning, but I couldn’t afford it—it is too expensive there.
On policies, my members are interested in a huge range, not just ones that affect us directly. Climate change is a big one. That is a huge one for us. Reversing austerity—all the Tory cuts to all sorts of things; we want to reverse them. We have family members—for example, I have a sister who is disabled. My father is 97. I have nieces and nephews who are disabled. I have nieces and nephews with children and new babies. We are all concerned for everybody in Britain and that they have better lives.
As I say, climate change is a big one. One of our motions at conference will be on proportional representation, which a lot of our members think would be a good idea—changing the electoral system. Reform of the House of Lords is one we would be concerned with.
Chloe Smith
Those are great examples. Thank you so much—they are a bit broader than we might normally discuss. That is really helpful.
Anne Wafer: One would be the education system. We are very much against tuition fees for universities. We want to be rid of those. We are very concerned about what has happened to people during the pandemic, and we need the green new deal and regeneration of jobs, but those need to be green jobs because of the climate crisis.
Chloe Smith
Q
Anne Wafer: Most people are not happy about it. Some people get citizenship when they get voting rights in their own countries, where they live, so maybe they are less upset in that case. We can vote in local elections in the countries we live, or we used to be able to. I have not checked whether I still can since Brexit. But yes, we are not very happy about being kicked off the register for sure. We would like that changed. We finished on hearings on that one.
We are also not happy about—
The Chair
Thank you, Anne. Unfortunately, we have come to the end of our time. May I thank all the witnesses for their evidence this morning and the Members for their questions? We are now going to move on to the next panel.
Examination of Witness
Maurice Mcleod gave evidence.
The Chair
Q
Maurice Mcleod: Hi there. My name is Maurice Mcleod. I am the chief executive of Race on the Agenda, an anti-racism charity.
Chloe Smith
Q
Maurice Mcleod: Hello, thanks for having me. It is not a bad idea to make it free and allow local authorities to give out these passes. The problem is that it ignores what it feels like to be part of that group without any voter ID—part of that group that is reticent even to cast a vote.
Probably everyone in this room and everyone listening sees the value of voting and feels like it is an important part of their democratic rights and that they can affect things if they turn up and vote. When you are talking about people who often do not feel very connected, do not feel very engaged, do not feel very empowered within society, yes, you can say “This is only a small hurdle, you just need to apply to your council and they will give you a free voter ID,” but that is just another hurdle that gets in the way, though. It is just one more step away from them feeling that they can engage with our democratic process. So I think it is a good thing. If we are going to have voter IDs—I would strongly argue that we do not—at least give people access to getting them for free, sure. I just think that does not solve the problem.
Chloe Smith
Q
Maurice Mcleod: I absolutely agree with that. I would go further. I do not really understand why you are not automatically registered. I remember turning 18; you get your national insurance number because going out to work and paying your national insurance and your tax are important rites of passage. I do not know why we do not do the same with voting. You should not have to apply to register to vote; you should be automatically registered.
Cat Smith
Q
Maurice Mcleod: You are right that part of the problem is that this data is not always readily available. The data I have found—the Government’s own data—says that while 76% of white people hold a form of relevant photo ID, such as a driver’s license or a passport, when it comes to black people, about half do: 47% do not hold one of those forms of ID. There are 11 million people in Briton who hold no form of photo identification. That drastically discourages people from voting. You are adding an unnecessary extra burden on people who we want to turn out and vote.
Cat Smith
Q
Maurice Mcleod: You are very right to bring up the Gypsy, Roma and Traveller communities. Of all of the communities that make up Briton, they are already among the groups that are most likely to be disenfranchised. You do not need to be a genius to work out that if you are moving around, and your residence is not set in one place, it makes it very hard to know who to engage with, and what needs to be done to get the ID that allows you to vote. It cannot be assumed that everyone has good links with their local authority and understands where they need to go.
Looking at other communities, you have to acknowledge that the slightly hostile way that we have dealt with migration means that there is nervousness among some communities, even with people who are perfectly legal and allowed to be here. Sometimes there is a nervousness about engaging with the authorities on anything other than something that is considered essential. Sadly, for a lot of people, voting is not something that they consider essential.
Cat Smith
Q
Maurice Mcleod: Without a doubt, I believe it will decrease participation. There is already a problem with getting people from minority communities to even register to vote. Now you have to register to vote, and you also need to find some form of voter ID to—as has been said—solve a problem that I am unsure anyone thinks exists. It is very hard to see the impact of this being anything other than voter suppression within those groups. There is certainly not any suggestion that this will increase voter turnout—I cannot see how you would even make that argument.
Paul Bristow (Peterborough) (Con)
Q
“Diluting rights, denying racism, delegitimising protest, and diminishing voter turnout.”
You added:
“Anyone who doesn’t see a concerted campaign at work here simply isn’t looking.”
What is that concerted campaign?
Maurice Mcleod: We have had mention of what happened in America with voter suppression, the methods that some parts of the political machine have gone through and the fights to pull back the other way. I think that there is a concerted effort, first, to instil the idea that our voting system is not secure, that there is loads of fraud, that there are loads of people doing something dodgy and that people are cheating. As I have said, I do not really see much evidence of that. Our voting system is pretty trusted and robust. So first, there is this idea of bringing in a measure. When you bring in a measure in Parliament, people think, “Oh, there must be a reason that they’re doing this; it’s because there’s loads of fraud.” It undermines faith and trust in our democracy.
Secondly, as I have said, these measures also put an extra barrier in the way of groups that some parts of the political establishment may think will not turn out for them or are not particularly strong supporters of them. What some people behind this may be thinking is, “If those people do not turn up and vote, is that such a bad deal?” When I said a concerted effort, that is what I mean.
Paul Bristow
Q
Maurice Mcleod: If I said non-existent, that is not what I meant. I meant that it is very small. Yes, there have been issues in various places. To my mind, though, those issues would not be fixed by voter ID. The suggestion that there is a massive lack of faith in our electoral system just is not borne out in the polling. That is not the evidence of anyone that I have spoken to or any research that I have seen. People trust our electoral system, and that is a good thing. We should not do anything that undermines that.
Paul Bristow
Q
“wants to bring in Voter ID to tackle non-existent voter fraud.”
I suggest that you take a look at the evidence from Peter Golds, Lord Pickles and others yesterday; it may enlighten you.
In 2018, you argued that people should be able to vote online. You then dismissed one social media user’s comment about fraud by saying,
“Sure, I understand the security risks but they are no greater than the risks of postal voting or even voting in person.”
What are those risks of postal voting or voting in person?
Maurice Mcleod: I see what you have done there. I was arguing, and I still argue, that we should move to online voting eventually. We should have ways of allowing more people to vote in more easy ways that fit in with their lives, so that they do not have to take time off work and go to a polling station, a post box or wherever. That is what I was arguing for. When I said that there are no more risks with that than with other types of voting, I meant that there are hardly any risks with those other types of voting, and therefore there are no risks with online voting.
Paul Bristow
But that is not quite what you said. You said:
“Sure, I understand the security risks”.
The Chair
Order. Online voting is not in the Bill. He was entitled to respond, but we are going a little bit wider than we should. Do you have a small supplementary?
Paul Bristow
Q
“Voter ID will have a terrible impact on voter turnout.”
Why do you think that this impact has not been seen in any of the Cabinet Office trials, or indeed over many years in Northern Ireland?
Maurice Mcleod: That is valid. The Northern Ireland point is brought up a lot. I think I am right in saying—I could be wrong—that there is more of a tradition for carrying ID there than there is here. I could be wrong on that; I am not sure. I have not really looked into that too much.
Paul Bristow
No, I think you are wrong.
Maurice Mcleod: Am I wrong on that? Okay. It stands to reason that if you have a chunk of the population that does not have what you are being asked to have to turn up to vote, then you are going to lose voters among that demographic. I do not think that is really controversial. I am not sure how you would argue against that. You can argue that there is a bigger problem that needs to be fixed than I seem to think there is, but I do not see how you can argue that it is not going to dissuade people—it is not going to encourage more people to vote, is it?
The Chair
Order. I think we will move on. You have had quite a few questions. Patrick Grady is waiting to come in.
Patrick Grady
Q
“Voter fraud played a very small part, funnily enough, in Tower Hamlets.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 14, Q13.]
Thank you, Maurice; your contributions have been extremely helpful. You spoke a little bit about automatic voter registration. Could you say a little more about how you think that might work in practice and what impact it could have on turnout and participation, particularly among minority communities? Could you also say something about access to postal voting among minority communities and what impact that has? Does that help or hinder turnout, participation and engagement?
In Scotland, we have recently extended the franchise for Scottish Parliament elections to pretty much everyone with settled status, including EU nationals and people with settled refugee status. Are there any lessons that might be learned from that, particularly in terms of the message it might send to counteract some of what you have described as the hostile environment and how it might make it clear that everyone is welcome and everyone ought to participate in the democratic system?
Maurice Mcleod: I will try—sorry; I was not writing those down, but I will try to remember the questions.
The first was about how automatic registration could happen—I think that is what you said. I am not a techie, so there is no way I will be able to describe what the functions would be to make sure that happens, but, as I said, the same process that issues a national insurance number or the same process that says, “You are now this age and a British citizen, or whatever, therefore you can work and pay taxes” should also say, “Therefore you can now vote” and some information should be sent out with that. It might say, “Congratulations, you are 18”—you can argue whether the voting age should be younger, but it should be like a rite of passage—“You are now an adult in our society. You now have this right to have a say in how we are run as a country.” That would send a really strong message, rather than having to apply.
One of my fears about the Bill is that the people who will be most impacted by it and who really will be excluded from having a say are probably the people who are less able and probably less keen to talk about it. It is not something they are bothered about; they do not vote, so they do not vote. They are not going to be marching on Parliament demanding a vote that they do not use anyway. You end up arguing on people’s behalf.
I cannot remember the second part of your question.
Patrick Grady
Q
Picking up on what you said there, however, that relates to some of what was discussed yesterday. Is there something about civic education and awareness raising about the importance of participation in our democratic systems among minority communities that might also help to increase turnout and participation?
Maurice Mcleod: Absolutely. We should do loads more for all communities, not just minority communities. Learning how your country works, how you get involved in it and how you change things, if you feel that they need to changed, should be among the most important things that we are taught as we grow up in this society. Instead, it is seen as a bit of a fringe subject or people say, “Oh, let’s not talk about politics because it might get too political and then we might be accused of being one way or the other.” Instead, we should have a real love for democracy. We should instil the idea that you, as an individual, have a say in the country that you run. That is really important and I do not think we do anywhere near enough of that, so we should consider anything that increases knowledge among the public about how you change things—what’s a councillor; who’s an MP; what’s an Assembly Member; what do these things mean; who does what. Most of us do not know this stuff—most of us in this room might do—most people out there do not know this stuff. Anything that improves that would be great.
In terms of extending the mandate, I personally am of the opinion that anyone who is resident here should have a say in what goes on here. Anyone who lives and works in our society should have a say about what goes on here. I would extend that in ways that may be tricky to do, but I think prisoners should have a say—lots of people should have a say. In my opinion the mandate should be extended to all residents in this country.
You mentioned postal voting. I have not got any evidence of whether it has a particular impact on black and minority ethnic people, but I know that you have a longer window when you have a postal vote. We should give people the ability to go down and post their vote in the middle of night, or whenever they want to to fit in with their lives; we all live these piecemeal, sometimes slightly precarious, lives and we have responsibilities. You cannot always say, “Right, I am going to go down on a Thursday and queue up if I need to, and vote” because you might need to be at work or drop off your kids. Just allowing people to vote by post is massively beneficial.
The Chair
I have Tom Randall, followed by Fleur Anderson, Kate Hollern and Jerome Mayhew. If there is time at the end, I will bring Paul Bristow back in.
Tom Randall (Gedling) (Con)
Q
Maurice Mcleod: No, it has not.
Tom Randall
Q
Maurice Mcleod: Absolutely. I am not claiming that this is based on any specific research that ROTA—that is my organisation—has done. There is an amount of research out there, I guess.
Tom Randall
Q
Maurice Mcleod: I would argue that it is all of us. If there is anything going wrong with our electoral system, we all suffer. We might end up with a Government who we do not want or a local authority that did not actually win the vote. We all suffer if there is voter fraud.
Tom Randall
Q
Maurice Mcleod: Yes, if we agree that it is a problem. I am afraid that I have not seen the evidence from Tower Hamlets, but I will take your word for it; I am sure you are right. Like I say, I am not sure whether it would have been solved by the measures that you are talking about bringing in, but if it is a problem, everyone suffers. I do not think just the residents or the voters in a particular area who might be disenfranchised suffer. We all suffer because our system does not work properly then.
Tom Randall
Q
Maurice Mcleod: Yes—sure, of course. Absolutely. But I would also like to know how prevalent this is. Is it a one-off situation in one place that needs to be dealt with in a particular way, or is it an endemic thing in our system? I am not really convinced that it is endemic in our system. I guess that is what I am saying.
Tom Randall
Q
Maurice Mcleod: Do you mean the voter ID measures?
Tom Randall
Yes.
Maurice Mcleod: If there are particular groups—the Gypsy, Roma and Traveller community was mentioned earlier; those communities are particularly vulnerable to this—who, for one reason or another, are less likely to have the ID required, the impact will fall disproportionately on them. If a larger percentage of black Caribbean people do not have this ID, bringing in the measure will have a bigger impact on them.
Tom Randall
Q
Maurice Mcleod: No, I have not.
Patrick Grady
On a point of order, Ms Rees. Can I just confirm that witnesses have been invited to speak to this Committee on the basis of their experience and there is no requirement or expectation of any of the witnesses who appear today or who appeared yesterday to back up their evidence with primary source research evidence? We have not asked any other witness to detail the evidential base. We are entitled to ask questions and witnesses are entitled to respond on the basis of their experience. Can I confirm that, please?
The Chair
Thank you, Mr Grady. The witnesses have been invited to give evidence on the basis of their experience. They do not have to have any research as a back-up. We are very grateful that the witnesses have agreed to come along and give evidence.
Chris Clarkson (Heywood and Middleton) (Con)
Further to that point of order, Ms Rees. Is it not the purpose of this Committee to scrutinise any evidence that is given to us, regardless of whether it is backed up by data?
The Chair
Yes, it is perfectly proper to ask any questions you want, but I was just clarifying that it is not necessary for the witness to be backed up by research.
Chris Clarkson
But it is appropriate for us to push back if we do not agree?
Fleur Anderson (Putney) (Lab)
Q
But if the Bill does go ahead in this way and ID cards are expected, are there any other measures that could mitigate the potential for suppression? From your experience of working with the black community, what would need to be put in place that would make this less of a bad deal?
Maurice Mcleod: Thank you. As I was saying earlier, if we cannot move to a place where people are automatically registered and you get sent your photo ID that is relevant when you turn up and vote automatically, I would like to see a massive effort from all local authorities to actively seek out the people who do not have photo ID. Authorities must contact them and say, “Look, here’s a form, here’s how you apply for your free photo ID from the council.” It is not enough just to say, “Oh well, if people want it, it’s easy enough for them to go on this website or turn up at the town hall and ask for this stuff.” Yes, it is easy for us because we want those things, we want our vote and we see the value in it. So much more needs to be done.
It is bigger than just getting people voter ID cards: it is making our democracy transparent and making it easy to engage with your local authority, MP or Assembly member. It is making all those paths much clearer and simpler to use than they currently are. If you know how the system works, who to put pressure on and how to impact your world, you have a much better existence. If you are not that of sort of person, politics just happens to you. It is not something that you actively engage in. We should be doing everything in our power to encourage and show people where their power is, what they can do and what they can change. If you have a society that feels it cannot make changes or be engaged in the way that it should, people switch off or get distracted into things that do not benefit society at all. That is a bit wider than the question you asked, but we need to be proactive in reaching out to these communities. We can find them. We can work out who does not have a driving licence. We can work out where these people are, so let us do that and ensure that they have everything they need to be able to express their democratic rights.
Kate Hollern (Blackburn) (Lab)
Q
I have just checked the allegation of fraud made by the hon. Member for Peterborough and, in those cases, it was found that no offences were committed. Does the message that electoral fraud has happened in black and ethnic minority communities act to disfranchise those communities, which we are trying to reach?
Maurice Mcleod: Sadly, I think it does, whether deliberately or not. I think we should always lean towards things having been done in good faith, but if you say things like, “There is very serious electoral fraud, and it happens in areas where there are lots of black and Asian people,” it is not a massive leap in people’s minds to, “Okay; so black and Asian people are somehow doing electoral fraud. That is what we’re clamping down on. We’re stopping people doing something dodgy to our process.” That is exactly the sort of alienating message that ends up with people saying, “I’m not interested in any of that stuff. All that politics stuff has nothing to do with me.” Those sorts of narratives do play into that, I am afraid. I have forgotten the beginning part of your question, but I worry about the narrative of, “We need to solve this massive fraud problem that is happening in minority ethnic areas.” I will not say it is a dog whistle, but I think it has an impact on minority communities, certainly.
The Chair
I do not really want to go down the road of more points of order. The Committee is becoming quite agitated. If there is anything you would like to raise, perhaps it could be raised after the witnesses have left. Would the Committee be content with that? We are against the clock, and more Members would like to come in.
Paul Bristow
I am perfectly happy to raise my point afterwards, but it is worth noting that it has been implied that my hon. Friend the Member for Gedling and I were unreasonable in our questioning, and that it may be because the witness comes from an ethnic minority. It is perfectly legitimate to place on record that that is not the case. Our questions were perfectly in order. I find it insulting that the hon. Member for Blackburn would even suggest such a thing.
The Chair
Can we leave it there, please? Your comments are on the record now. We need to move on and take more questions, but your point is noted.
Kate Hollern
Q
Maurice Mcleod: That is very hard. You make a really good point. It is all very well saying that photo ID should be used, but if you are not supposed to reveal your face to a man who is not in your immediate family, that is really hard. Even if councils say, “We’ll make sure there are women, or people who know what should happen, at the polling station,” there is still that worry in your head, if you are that woman who is not that confident about whatever, and you need to go out and vote. There is still that concern—“Will I be treated properly? Do they know what my faith needs?”
If that is the route we go down, I would want to see a real effort, through mosques and any other faith groups that would be impacted, to bring those communities on board and show them, “This is how it will be. It will be completely safe. We totally get what you need to do to be observant.” It is another worry—one that I have not brought up so far. Not everyone can use their face as ID as freely as the rest of us.
Kate Hollern
Q
Maurice Mcleod: Sorry, I am not sure. Can you say that again?
Kate Hollern
Q
Maurice Mcleod: I do not, I am afraid. I am not from a constitutional background or a legal background, so that is not something I could comment on.
The Chair
We have to move on. I promised Jerome Mayhew that he could come in, so if we have time at the end, I will bring you and Paul Bristow back in, Ms Hollern. We are against the clock. Mr Mayhew?
Jerome Mayhew (Broadland) (Con)
Q
Maurice Mcleod: Sorry, can you say that stat again? I may have got the stat jumbled at the time. Can you repeat that?
Jerome Mayhew
In your evidence earlier on today, you suggested that when you started to look at BAME voters, the incidence of availability of photo ID dropped to 47% to 50%. Is that your view?
Maurice Mcleod: Yes. I believe it is 48% of black people.
Jerome Mayhew
Q
Maurice Mcleod: It is part of it. It is one of the things that gives me concern that this will have a particular impact on those communities, yes.
Jerome Mayhew
Q
Maurice Mcleod: If it turned out that 99% or whatever you just said of BAME people do have relevant ID, that is quite reassuring indeed. There was lots of talk about this in the Commission on Race and Ethnic Disparities’ report; I would be interested in seeing a proper breakdown, because it is all very well saying, “Minority ethnic people have IDs”, but if that ignores Gypsy, Roma and Traveller people in particular, or particular groups who have much lower numbers of take-up, that would still be a concern. In fact, it would mean that those groups are even more marginalised, because they are a special case: their lack of the required ID is not being flagged up.
Jerome Mayhew
Q
“What percentage of the eligible population do not hold at least one form of photo ID currently under consideration for the voter ID requirement?”
and
“What is the level of ownership of the required photographic ID in groups with protected characteristics? specifically with reference to:
Race or ethnicity
Disability; and
Age.”
This was a very thorough and independent piece of research, and if that is the case—you can look at it on the gov.uk website, so it is publicly available—that would, as you say, provide you with a degree of reassurance.
Maurice Mcleod: I would feel slightly better. If everyone had a relevant form of photo ID, I would feel slightly better about this. It is like saying you need to bring your front door keys when you come along and vote. Most people have a front door key; it would still stop some people from voting.
Jerome Mayhew
I agree, and you made some very good points. Thank you very much.
The Chair
Order. I am afraid that brings us to the end of the time allotted to the Committee to ask questions, and indeed for this morning’s session. On behalf of the Committee, I thank our witness for his evidence. The Committee will meet again here at 2 pm this afternoon to continue taking oral evidence. I invite the Government Whip to move the adjournment.
Ordered, That further consideration be now adjourned. —(David Rutley.)
Elections Bill (Fourth sitting)
Thursday 16th September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 16 September 2021 - (16 Sep 2021)
The Chair
Q
We will now hear oral evidence from Gavin Millar QC of Matrix Chambers. Thank you very much for joining us. Before we begin, I remind Members that questions should be limited to matters within the scope of the Bill and that we must stick to the timings in the programme order that the Committee has agreed. For this session, we have until 2.45 pm. Would the witness please introduce himself for the record?
Gavin Millar: I am Gavin Millar. I am a QC at Matrix Chambers. I specialise in election law and have done for 35 years.
The Minister for the Constitution and Devolution (Chloe Smith)
I think it is Cat Smith’s turn to go first.
The Chair
Shall I bring in other members of the Committee? Patrick Grady, would you like to ask a question? [Interruption.] Oh, hang on.
Cat Smith (Lancaster and Fleetwood) (Lab)
Q
Gavin Millar: I am sorry—I am having trouble hearing.
Cat Smith
I will try repeating my question. Is there anything that you feel is missing from the legislation that would strengthen elections, or anything that is amendable that needs to be tightened up?
Gavin Millar: As the Committee probably knows, there is a widely held view that what we have at the moment is a complicated mass of disparate election law provisions in statutes that have been enacted over many years, often containing historical provisions that have just stayed in them down the decades. The mass of that legislative material is difficult and confusing for election administrators—lawyers, judges, candidates and agents.
Accordingly, there is a widely held view that the way to tackle election law now would be to sweep that current body of law aside and modernise it, applying appropriate consolidating provisions in the existing law, into a single, simpler set of statutory rules. The Law Commission said this a few years ago, I have said it and others have said it often. It is disappointing that, in approaching the legislation, the Government have chosen to introduce another rather ad hoc set of disparate provisions that are unrelated, rather than the whole amazing, simplifying rewrite that is required. I suppose that is the first point, in terms of where we are. There is a case—[Inaudible]—to tackle the urgent problems in the electoral system, but with the exception of part 6 of the Bill, which deals with information to be included with electronic material, nothing that it tackles could conceivably be regarded as an urgent problem of the sort that ought to take priority.
The Bill ignores the other most urgent problem in our system, which is the lack of an effective regulatory and enforcement regime to ensure that foreign money and dark money do not enter our political system through donations to political parties. I would say that that is now an election law issue, because in reality there is non-stop campaigning by political parties between the short and long election campaigns, which can be funded by large and inadequately regulated donations. There is the risk not only of money coming into the system that should not be there, but of the level playing field that we have always striven to achieve in our election law during the narrower periods of elections being lost in the intervening periods. It is disappointing that nothing in the legislation addresses those problems.
Cat Smith
Q
Gavin Millar: There is no doubt that once you have got into the process of regulating non-party expenditure in elections, some very difficult questions arise. Traditionally, those difficult questions have arisen in our system in relation to non-candidate expenditure in constituencies or local government wards—whatever it is—during the election campaign. Local campaigners, non-governmental organisations and so on and so forth can spend some money to campaign, but it is heavily capped. Of course, we are now into the territory where national campaigning is capped and regulated, and the current laws in relation to that are incredibly complicated, very difficult to follow and understand, and very difficult to apply, even for the courts.
I suppose the broad considerations are that we should, in a democracy, encourage and facilitate non-party campaigning of either form, but including national campaigns, to the extent that we can, if it does not unbalance the level playing field across the piece, because that contributes to the democratic process. There are a great many NGOs, charities and third-party campaigners that are not directly party political or campaigning on a range of issues, but may be campaigning on just one issue. It enhances our democracy to enable them to participate, which is going to cost money—they will have to spend money on that—provided that it does not cross the line of unbalancing a level playing field. It is a difficult balance to strike.
One of the features of the legislation that is very difficult is clause 25. It tackles third-party campaigning where it crosses a particular line, which is what is known in the legislation as a joint campaigning arrangement, where the third party or third parties can be shown, as a matter of fact, to have a plan or an arrangement to campaign together. That is an incredibly difficult concept. There have been a couple of cases where the courts have struggled with this, and I do not find the drafting in the Bill very easy, particularly clause 25.
It will be very difficult for campaigners, who might be caught by a suggestion that that is what they are doing, to know whether they are on the right or the wrong side of the line. If they are deemed to be on the wrong side of the line, and a court or a commission says that there is planned co-ordinated expenditure involving more than one non-party campaigner and a political party, that will dramatically reduce the amount that they will be able to spend. They will have to go through the whole process of declaring all the participants in that arrangement, and their available spend will be reduced accordingly. It may be that there are cases where it is justified in having that end result, but you should not have unclear law that leaves people in doubt as to what they can and cannot do and what is and is not a joint campaigning arrangement.
At the moment, that is very unclear in our law and has not been properly resolved by the courts. I would not suggest rushing into the provisions of clause 25. If that part of the Bill is going to go through Parliament, there should be very careful scrutiny of exactly what it is intended to catch and what it is not intended to catch, and of what the consequences are for third-party campaigners who engage in that sort joint campaigning with a political party. I am just not sure that that is there at the moment. That is the problem. Therefore it will tend to risk encouraging that active participation that I said was so important in a democracy.
Cat Smith
Q
Gavin Millar: Yes, I am concerned that this part of a strand in our law that is developing, which gives powers to Government and to the Executive to fill in gaps in legislation and take legally binding decisions outwith the legislation. It is very undesirable. It means that nobody knows in advance what the law is going to achieve and how it will work. It reduces parliamentary scrutiny.
Everything that is going to be there that will affect non-party campaigning should be in the primary legislation. It should be simple, clear and easy to understand, and it should be justified in terms of what it is trying to achieve in preventing the skewing of the level playing field. It should be absolutely clear what the consequences are for third-party campaigners, many of whom I advise at election time and in between elections. They are very confused by this. They find it very difficult to know what they can and cannot do, what crosses a particular line and what does not cross it, and what their maxima are for spending. You do not need to be a lawyer to realise that that is undesirable in a democracy, with an activity of such importance.
Chloe Smith
I have no further questions but I am very grateful to Mr Millar for giving his time.
Jerome Mayhew (Broadland) (Con)
Q
You expressed a concern a moment ago that the Minister, under clause 25, would have the ability to add to the list of categories. There is a rationale for that, which I hope we can agree on: as the sector develops, there will potentially be a need for the legislation to respond to growth in the sector, and it would be beneficial were the legislation able to satisfy that need. In those circumstances, is it not reasonable for the legislation to allow for an affirmative procedure in both Houses to give Parliament’s consent to the decision of the Minister? I am really challenging the rather bold assertion that it is the Minister who decides. It is not, is it? It is Parliament that will decide, and not just by the negative procedure; it is by the affirmative procedure in both Houses. Is that correct?
Gavin Millar: I concede that point. There is a form of parliamentary procedure that will enable scrutiny of how the power is being exercised. Members of the Committee and parliamentarians will know better than I do as a lawyer how effective that is likely to be. The main thing is to avoid unconstrained powers. The premise of your question was that there would be a legitimate concern that needed to be addressed through subordinate legislation and the Minister’s decision. That is fine, but the question is what sort of things we are talking about, and in what circumstances such a power will be exercised. I get very anxious about provisions—perhaps I am too old, or too old-fashioned, because they are a rather more contemporary thing—that are in very broad terms. When the primary legislation is enacted, it is difficult to anticipate for what purposes they will be used and what would be regarded as a justifiable change in the law, but I take the point that if it is the affirmative procedure there is parliamentary scrutiny.
Jerome Mayhew
I am very grateful. That is the only thing I wanted to clarify.
Patrick Grady (Glasgow North) (SNP)
Q
Could you also say a little more on the value or otherwise of a more comprehensive effort to consolidate electoral law? We have a lot of Representation of the People Acts. This is not a representation of the people Bill; it has been called the Elections Bill. I do not know whether there is any legislative or theological difference between the titling of these different Bills and Acts, or the things that they have done over the years. Where do you see the merit in perhaps a stronger effort to consolidate the different pieces of legislation that govern the electoral framework?
Gavin Millar: In relation to the Electoral Commission, we need to start at the beginning, as it were. The Political Parties, Elections and Referendums Act 2000, known in the trade as PPERA, created the Electoral Commission for the first time—it was the first time we had had one in this country—but [Inaudible] an Electoral Commission that does not actually have a role in administering, overseeing and running elections in real time, and that does not have powers to investigate conduct and outcomes, and still less overturn those outcomes. It is important to understand that other countries have equivalent entities with much stronger roles in each of those areas. We are starting from a pretty low base in terms of what the Electoral Commission has been created to do.
As far as I can see, there is no case here for any of the three main changes proposed in the legislation in relation to the Electoral Commission. First, there is the strategy and policy statement, which, as I understand it, is going to tell the regulator what it should and should not be doing. Secondly, the Electoral Commission’s willingness to do what it is told, and its success or otherwise in doing what it is told, will be overseen—one might cynically say “marked”—by the Speaker’s Committee. Thirdly, clause 15 takes away from the Electoral Commission the power to prosecute. I can see no case or justification for any of those measures.
An Electoral Commission should be independent of Government; it should be free from Government influence as a matter of principle, because of its role in a democracy. It should be rather akin to the police or the Crown Prosecution Service in that respect. Its decision making, and indeed its powers to investigate and act, should be framed and guided solely by the public interest and the merits of the evidence before it. Does this need to be investigated? To what extent does it need to be investigated? What has gone wrong? What needs to be done? It should be answerable to Parliament as a whole rather than to a single Committee or a small group of politicians. That seems to me a key and obvious point of principle.
My own view is that the Electoral Commission should have more powers and resources—hopefully under the codified and modernised statutory regime that I have suggested—rather than less, which is what seems to be the aim at the moment, particularly in relation to the removal of the power to prosecute. Why? Well, because it is the only player in the game. It is the only possible resource for dealing with breaches of election law, in its limited area, other than through criminal prosecution and civil litigation.
As far as the former is concerned, the police and prosecutors frankly do not have the resources or expertise to tackle offending under the RPA or PPERA, and I am absolutely certain that much goes uninvestigated and unprosecuted at the moment. That is extremely undesirable in our system. Civil litigation—by candidates, judicial review, election petitions and so on—is costly, cumbersome, time-consuming and very difficult to undertake. All those factors indicate that we need an empowered and funded Electoral Commission to tackle problems as they come up. They are experts and specialists; that is why they are there and should be there.
On the second point you asked about—I will try not to become boring, because I could wax lyrical about this for hours—as you probably know, essentially we have two strands to our election law. We have the Representation of the People Act 1983, which is the primary statute regulating three things: the exercise of the franchise, the conduct of elections and challenges to elections after the event. There are various problems with it, but the main one is that it is the most recent of a long succession of Acts with the same name in the 20th century, and indeed there were earlier equivalents going back into the 19th century. They have often been a political compromise in Parliament, simply enacted by way of consolidation with only minor amendments. What we have ended up with is really an awful lot of 19th-century provisions that have hardly changed in their wording.
On top of that, in that strand of the law—the actual regulation of the administration of elections—there have been many, many more pieces of primary and secondary legislation relating to those three areas of our law since 1983. They either come in statutory instruments or they go into amendments to the RPA, so you get these long lists of amended sections with ZA numbers after the primary number, and it becomes wholly unwieldy and unmanageable.
The Law Commission’s report, where it recommended this, alluded to a problem that surfaced in the 2010 general election. I am sure you all remember that there were queues at polling stations and people were unable to get in and vote when they closed at 10 pm. That is an unresolved issue in our election law. The Law Commission make the point that when Parliament had to correct that to make sure people queuing at that point could get in, 10 different pieces of legislation had to be amended to achieve that one single result. That is how bad it is.
In addition, the second strand is the PPERA strand, which came into play in 2000 with completely new and different areas of election law. In particular, as we know, it included the regulation of national campaign expenditure by political parties and third-party campaigners, as well as permissible donations. Again, accretions and additions to that legislation over the years have made it incredibly complicated.
So what is election law? Well, it is ill-defined, but essentially it is everything surrounding those two huge pieces of legislation and the case law they have thrown up. One of the advantages of consolidation would be to be clear about what needs to be regulated in elections. As I have said, it seems to me that the whole issue of campaigning between long and short campaign periods is now election law. That is just the reality of it in the modern world, just as we have accepted that what goes on on the internet is election law, which we never did before. Modernising and consolidating would give us a much broader definition of election law.
As you point out, in this Bill we have bits relating to each. We have bits relating to PPERA and bits relating to the RPA regime, and it is now simply called the Elections Bill, which is a sort of combination of two strands of our law, and it is a bit of a rag-bag really. I am not saying that some of the things are not desirable—clearly they are—but they are not urgent and they should not be given priority over this much more fundamental issue that needs to be resolved, which is a consolidated and complete electoral code.
Fleur Anderson (Putney) (Lab)
Q
Gavin Millar: This strand of convention law—by which I mean, whether a piece of domestic legislation is incompatible with the provisions of the convention—does not work on an individual case-by-case basis. It works on the basis that if you have to look at compatibility in a court case, it is at the impact of the domestic rule of law—here, the voter ID provision—across the piece and the whole of the electoral system in the contracting party.
Is the impact of that legislative provision one that can be justified as being compatible with the convention? The convention—Strasbourg—has its own internal set of rules for saying what is and is not compatible. Very few rights are absolute, which is why you can have laws that prevent certain people—criminals and so on—from voting for a period, but to be compatible with the convention they have to be justifiable, in the sense of achieving a legitimate aim, one that is legitimate in that country for that political system and that voting system. It has to be a proportionate means of achieving that aim.
The question here—I accept that it would be assessed by the impact on individual groups of people, such as the Roma, whom you mentioned, but it would be much broader than that—is, if you try to justify what the Government are proposing to do across the electoral system as a whole, can it be justified as meeting a legitimate aim? Is there a problem that is so bad that it needs addressing in this system in this way? Is this a crude or a proportionate way of addressing it? The problem I have with clause 1 is that I cannot see the problem and, even if there is a problem, I cannot see that this is a targeted and proportionate way of addressing it, because it would just sweep out of the franchise somebody who did not happen to have a card or voter ID but was properly on the electoral register and entitled to vote when they turned up.
Why do I say that there is not a problem? You are all politicians, you have been elected and you know how this works, but you may not have looked at this from the point of view of an election lawyer, a criminal lawyer or someone looking at election fraud, which for my sins I have spent a lot of time doing for the past 20 years. The sort of fraud we are talking about here is called “personation” under the RPA. It is an electoral offence—it is impersonation, but misses off the “im” in the statutory historical categorisation. Personation is A turning up at the polling station pretending to be B, who is validly on the register.
It is not a problem of any great consequence in our system, and I speak from experience. Personation cases are almost non-existent. There are reasons why it is not a problem. First of all, it is extremely risky for anyone to try that. You are liable to be caught because somebody spots you and knows you are not that person. It is also ineffective because there is the alternative possibility that that person turns up and votes later, or indeed has already voted and is marked off the register when you try to impersonate them. If you are going to do it, you have to be absolutely certain that the person is dead or is not going to come and vote, and that you will not be found out that way. It is also hugely inefficient compared with other forms of fraud that have been perpetrated, particularly since postal voting on demand. You have to get a range of people, or yourself, to go around different polling stations at different times in the day, and all you get out of each criminal offence you commit is one vote. It is just not efficient or effective as a fraud, so it does not happen.
As I understand it, this came from the 2014 Tower Hamlets mayoral election. There were a whole range of election offences pleaded in that case and looked at by the court. One of them involved some personation at polling stations, but it was not the core problem. If that were the reason we had got to this point, this would be an example of a hard case making very bad law, and I would counsel against that. The fraud that exists in our system, or has existed since 2000, that everybody has read about and knows about, is a very different type of election fraud. One possibility is what is called roll-stuffing in Australia, where you put additional voters on the register who are not entitled to vote in a concerted fraud before the election, and then vote in their name. You normally apply for a postal vote for those non-existent voters at a particular address, and you pick up the postal vote papers and you vote.
There are various other postal vote frauds that were recounted in the cases that have been cited. That form of fraud has been made much more difficult by Parliament and by the administrators because of the cases over the past 20 years, and there are less cases even of that form of fraud, but it is not a form of fraud that would be addressed by this piece of legislation, so what is the problem? What is it achieving? Why is this a proportionate way of addressing it? I have no answers to any of those questions, and of course in a situation where, by common estimates, we have something like 17% of eligible voters not on the register, one wonders why our efforts are not being concentrated on voter registration measures—getting more people on to the register and facilitating them in voting—rather than making it more difficult for them to do it by imposing this requirement, which we have never had.
I appreciate that advocates of the Bill will say, “It is not a lot to do, to get a piece of photo ID or have a piece of photo ID and bring it along to the polling station,” but we need only look at the Windrush scandal to see how many poor people and ordinary people in our society have difficulties with that sort of thing, not to mention disabled people and other discriminated-against groups who do not want to engage with obtaining this sort of identification, for fear that it will open them up to other scrutiny and investigation of an unjustifiable kind. It is wrong on every count, really.
To answer the question, yes, there will inevitably be challenges to this as incompatible with the European convention on human rights if it is introduced, and it seems to me that there is a strong case for doing that. The impact would be considerable, by all accounts—although somewhat unquantifiable—but I just have not seen the evidence that you would be required to produce at a judicial review or at a case in Strasbourg to justify this as an appropriate state interference with the right to vote.
The Chair
If there are no further questions from Members, I thank our witness for his evidence.
Examination of Witness
Fazilet Hadi gave evidence.
The Chair
Q
Fazilet Hadi: I am Fazilet Hadi, head of policy at Disability Rights UK. Just so you know, I am blind, although it should not affect anything today.
The Chair
We have until 3.30 pm for this panel. Minister, would you like to start with the first question?
Chloe Smith
Q
Fazilet Hadi: I will briefly give a bit of context before answering that question. Some 14 million people in the UK are disabled, or one in five of the population, so we are a very big group and very diverse. About 45% of older people and 19% of working-age adults have a disability. As you and colleagues will know, that can range from sensory impairment to learning disability, mental health and mobility issues, so we face a wide set of challenges.
There are some real challenges in voting, so it would be good to see rigorous standards applied and enforced by Government, because voting should not be a postcode lottery; it should be equal wherever we are in the country. A couple of issues in the Bill concern me, particularly photo identification and the provisions on equipment, which seem to be turning the clock back a little, particularly for blind and partially sighted voters.
Coming back to your question on standards, the standards start even before the electoral officers—for example, in the way that local authorities produce information on elections and whether reasonable adjustments need to be considered for electors who have disabilities. Even for those first letters, people should already be thinking, “Can this person read the letter? Do they need an easy-read, audio or electronic version?” I think it starts very early, and it then moves through all the stages of postal voting, through to the actual physical buildings in which elections are held, the devices we are given to enable us to vote independently, the height of the desks where we cast our vote and wheelchair accessibility. It is almost like walking through the customer journey from beginning to end, ensuring that reasonable adjustments are made at every point, because I am sure the Government want to ensure that those 14 million people have a voice in the same way as everyone else.
Chloe Smith
Q
As you rightly say, we all want to see disabled voters, or voters with any condition or extra accessibility need, able to take part fully. What do you think ought to be focused on in communicating the changes encapsulated in this Bill? How could that be done with your members, for example, or others?
Fazilet Hadi: The provisions on photo ID will need a lot of communication, but they should not be communicated in isolation. Going back to what I said before, if we take something out of context, it presupposes that the electorate get everything else and know all the other things that are in place, and disabled people may not know about the other adjustments that are available. On photo ID, that does pose particular issues, and when there were trials, my recollection from colleagues at Mencap is that it took quite a lot of education, face to face, as well as written information, to communicate to people with learning disabilities what the change meant.
There will be an education imperative for the whole public, of course, but for particular groups of disabled people, some of us maybe do not access information so easily—British Sign Language users, people who access through audio or braille, people who need easy read, and people whose literacy skills are low. There is quite a communication challenge in actually getting across that photo ID is required, and that has to start well in advance of it being required.
Chloe Smith
Q
May I draw on your experience of voting as a blind person—as a person with a visual impairment? I would guess that you have used the tactile voting device. Could you describe to the Committee what it has been like using that device? What are its drawbacks and advantages?
Fazilet Hadi: I have not actually used it. I have voted through the post, and I have voted with the assistance of the electoral staff—
Chloe Smith
I apologise for making an assumption.
Fazilet Hadi: Not at all. I should have tried the template. My understanding is that it does not allow completely independent voting. If people can imagine, it is like laying a template over a piece of paper. You would probably have to memorise what was on the paper, which could be tricky. I suppose you would not have complete confidence, because you cannot check back. I think it was a device of its time. As I understand it, a judicial review said that it did not allow a completely secret ballot.
What the device should be is not a straightforward issue, but I worry about the provision in the Bill taking away the wording of the Representation of the People Act 1983, which says that the device should be prescribed by the Government. Whatever the device is, and whatever its limitations—hopefully we can improve on the current device—it should be available without question and without any decision making being needed from local electoral staff. It should just be made available because the Government says that it should be. Under the Bill as it is framed at the moment, there is a danger with that kind of wording being removed and a much looser wording about reasonableness being inserted instead.
Chloe Smith
Q
Fazilet Hadi: In this particular instance, I am not sure whether the Act envisaged a tactile template, but I think the wording means that the Government can prescribe “it” and update what the “it” is in guidance. The thing is to get to the principle that it is set down and must be provided. That would be the way to do it, not saying exactly what the “it” is. Indeed, the “it” will change as digital technology changes, with things like 3D printing. I am not a great technologist, but I think that the Act can get across the mandatory nature of the equipment that must be used. For people across the country who are registered blind, any sense that you could go to a polling station in one local authority area and get one device, and go to another elsewhere and get another device, would be a retrograde step.
Chloe Smith
Q
Fazilet Hadi: No. I am not an expert on the Elections Bill, but it seems very much to put it down to the individual electoral officer to decide what is reasonable. I accept that we could be talking in a much wider sense about what is reasonable for any disabled person. As I said earlier, some people might need a slightly higher or lower table in the polling station, depending on whether they are standing up or in a wheelchair. Some people might need a fatter pen because they have dexterity issues, and some people might need some sort of tactile device. In that sense, it is good that the Act tries to cover a broader range of equipment. Nevertheless, I still think that the Government need to specify those types of equipment in guidance and standards. As I said, voters would expect that consistency across the piece. At the moment, the language needs hardening. If the Government’s intention is to make this mandatory, I do not think that that comes across.
Chloe Smith
It is very helpful that you close with the point that it must be specified through guidance, because that is indeed what the intention is. It is also what one of our witnesses yesterday agreed was where much of the work should be done.
Cat Smith
Q
You opened your remarks by describing how you felt that the legislation is turning back the clock, particularly for voters who are blind or partially sighted. If I understood correctly, that is because the 1983 Act wording would be rescinded and there would be much more flexibility for local authorities to have potentially quite different ways of supporting blind and partially sighted voters. That would create something of a postcode lottery. What would the challenges then be for voters with a disability or impairment who have perhaps moved house to a different local authority area and might then get a different level of service or a different system to facilitate their needs? Would that be an additional barrier to voting for disabled people?
Fazilet Hadi: I like the words in the Representation of the People Act 1983, “prescribed equipment”. Obviously, guidance can say at any point what that prescribed equipment is for. There might be prescribed equipment for people with other impairments. It is not just tactile devices; it could be adjustable tables or pens that people can grip.
The Government signed up to the UN convention on the rights of persons with disabilities, which says that there must be full participation in political and public life for disabled people. It specifies that there must be materials, facilities and procedures that are fully accessible and appropriate. It specifies that there must be a secret ballot. It specifies that there must be assistance from whoever the disabled person chooses. The Human Rights Act 1998 talks about the right to vote and how we all need to have the ability to express our opinion through voting. The Equality Act 2010 puts a public sector equality duty on the Government and local government––any government––to think about what they are doing to promote the interests of, and make reasonable adjustments for, disabled people and others. We have all these laws and a stated intention that this Bill should make things better for participation by disabled people, but it cannot be better for the equipment to be different in different polling stations. For me as an elector, it is about not knowing exactly what I am entitled to, so that I can try to enforce it if I do not get it. Leaving arrangements to the 152 local authorities in England, and I do not know how many in Scotland, Wales and Northern Ireland, is totally unacceptable.
Cat Smith
Q
Fazilet Hadi: Huge concerns. If we think about who does not have a driving licence or a passport, who does not have a blue badge or a bus pass or a railcard, we are asking those people who have obviously found it unsurmountable for various reasons—those reasons could be cognitive, sensory, digital exclusion; all sorts of reasons—to apply for a card. We are asking the most disadvantaged people in our community, who have not got one of those other cards, to go and apply for a card. It just does not make any sense. These are the people who are least likely to apply for a card. If they could apply for cards and that was easy for them, they would have one of these other cards. I just feel the proposal is completely impracticable.
If we really want the people who are really struggling to vote to come and vote—the people who do not have any of these cards—you can imagine how many challenges that section of the community has, and applying for a voting card would not come anywhere near the top of their to-do list.
Patrick Grady
Q
“such equipment as it is reasonable…for the purposes of enabling or making it easier for, relevant persons”.
Relevant persons would include blind or partially sighted people, but also people with other disabilities or impairments or difficulties.
Is there any reason why you could not just have both? You could keep the specific provisions, perhaps updating them so we are not limiting this to one specific piece of advice, and making a bit of a tweak so that we talk more generally about equipment that might change over time with technology, but keep those provisions and add in the extra requirement for a wider group of voters who might have difficulty accessing the polling stations. Do you see any incompatibility with that approach?
Fazilet Hadi: No, there is no incompatibility. My main point would be that if there is prescribed equipment—that is not just for blind people; if there is prescribed equipment for wheelchair users or people with dexterity problems—let that be prescribed, so that we get consistency across the board, but let us have an additional provision about how all reasonable adjustments should be made, which is actually just repeating the duty in the Equality Act, because electoral officers are discharging a public function anyway. I do not mind that being repeated, but I do not think we should be confusing prescribing equipment for whichever impairment group needs it with the duty to make reasonable adjustments. They can live together quite harmoniously—I agree.
The Chair
If there are no further questions from Members, I thank the witness for giving evidence today. It is much appreciated.
Examination of Witness
Dr Alan Renwick gave evidence.
Cat Smith
On a point of order, Ms Rees. A motion to approve an instruction has been laid by the Government and will be heard on the Floor of the House on Monday, regarding expanding the Elections Bill to include electoral voting systems, specifically in terms of mayoralties within England and police and crime commissioners. Would it be in order to ask questions of Dr Renwick about electoral systems, given that they are not currently in the scope of the Bill?
The Chair
My understanding is that matter is not currently in the scope of the Bill. I am aware that the motion is on the Order Paper for Monday.
The Chair
If it is possible to have a supplementary programme motion, then that could be added, but that is not a matter for me. That is usually done through the usual channels.
The Chair
Q
Dr Renwick: I am Alan Renwick from the constitution unit at University College London and I lead our work on elections and referendums, and some of our recent work on the structure and functioning of the Union.
Cat Smith
Q
Dr Renwick: The principle for a good electoral commission is that it should be independent from the Government. The details of how that works in countries around the world depend a great deal on political culture; it is not just a matter of institutions. I would not attempt to draw a tight parallel between how things work in other countries and how things should work in this country. For example, some countries might have a procedure for appointing members of an electoral commission that might look quite political on the surface, but in practice, given the conventions in that country, it may be properly neutral and protect the commission’s independence. The key thing is how to ensure the independence of the Electoral Commission, alongside the appropriate accountability, in the context of the UK. I am afraid that the Bill’s proposals seem wholly contrary to the principle of independence of the commission.
Independence and accountability matter. It is absolutely right that there should be parliamentary accountability, and there is already a great deal of it. The Electoral Commission is, of course, accountable to the Speaker’s Committee; the Public Administration and Constitutional Affairs Committee scrutinises the commission’s work a great deal; and it is also accountable to the Scottish Parliament and the Senedd. I do not think that there is a deficit of accountability of the commission at present.
As for independence, I think that it requires, quite simply, that Parliament lay out the remit of the Electoral Commission, and that must happen through primary legislation, so that Parliament can properly scrutinise and amend that remit. It is not a matter that is written in Government and subject to much more limited parliamentary scrutiny or opportunity for amendment. Parliament should lay down the remit for the commission, which should then get on with delivering that—subject to appropriate scrutiny, as already exists. The idea of having an additional strategy and policy statement written by Ministers, without the appropriate degree of scrutiny, flies in the face of the principle of independence, and therefore seems to be wholly inappropriate.
Cat Smith
Q
Dr Renwick: It could potentially create very great tensions. The proposal would clearly require a legislative consent motion in order to be compatible with the Sewel convention. The Counsel General—the Minister in the Welsh Government—has already indicated that he does not recommend that a legislative consent motion be passed on this matter, and I presume the Scottish Parliament will do the same.
This part of the Bill envisages that Ministers in the UK Government, subject to affirmative procedure, would be able to specify guidelines for devolved matters and that Scottish and Welsh Ministers would only be consulted—and, indeed, would only potentially be notified—in the case of amendments to the statement. That seems wholly contrary to the principles of devolution that have been established, and I cannot see any justification for it. The Sewel convention indicates that Westminster will normally not legislate in matters that have been devolved. There is nothing abnormal here, there is nothing unusual and nothing has changed since these matters were devolved to Scotland and Wales—those devolution changes did not take place very long ago—so it seems very problematic.
That also heightens an issue that already exists with the governance of the Electoral Commission: the commissioners themselves are all appointed on the recommendation of the House of Commons, and that on the recommendation of the Speaker’s Committee. The Speaker’s Committee has, in recent appointments of commissioners with responsibility for Scotland and Wales, either consulted the Presiding Officer or the Llywydd, or included a representative of those people in the committee responsible for shortlisting, but that has been entirely at its discretion.
There is a need to review the arrangements for governance of the Electoral Commission in light of the recent devolutions of electoral matters in those areas. The last serious review of this question, conducted by the Committee on Standards in Public Life in 2007, said at that time that the current governance arrangements were appropriate because those matters were not devolved. These matters have been devolved now, and therefore there is a need for a review.
My impression is that this point has not been thought about terribly much. I do not detect that either the Scottish Government or the Welsh Government have done much detailed thinking on this, but some consideration is needed of how to ensure that the Scottish Parliament and the Senedd are properly represented in these processes.
One final point I should make in this area is one that has been made by others: the fact that the Speaker’s Committee has a majority from a single party is simply indefensible against the principle of independence of electoral processes. That has never happened before—it did not happen when there were large majorities for Governments in the early 2000s; at that time there was no majority for that party in the Speaker’s Committee—but it has been allowed to happen now, which suggests that conventional constraints on the improper exercise of power are not working, to be honest. Legislative action is needed to ensure that there is never a single party majority on the Speaker’s Committee.
Chloe Smith
Q
Dr Renwick: I am not a lawyer, so I wondered when I looked at those words exactly what they meant, but if they mean what you have described them as meaning, they do not trouble me. It was always the intent of the PPERA legislation passed in 2000 that the Minister with responsibility for elections and the Minister with responsibility for local government should be members of the Speaker’s Committee, and if the change is simply intended to ensure that the Minister who has responsibility for elections can participate, but there are only two Ministers participating, then that change does not seem to me problematic.
Chloe Smith
Q
Dr Renwick: That is absolutely correct. I do not know what went wrong in this case. I cannot see an argument against the view that something has gone wrong in the current composition of the Speaker’s Committee; it is wrong that it has its current composition. If you look at the 2007 Committee on Standards in Public Life report, there is a quotation from evidence provided by the Speaker’s Committee saying that the convention has been applied and that the Speaker’s appointments will be made such that there is no single party majority. That convention was understood in 2007, and the CSPL at the time recommended that it should be formalised. This has not taken place. Somehow, things went awry at the start of the present Parliament, and I do not know what happened or what went wrong. However, given that it has gone wrong, legislative change is now needed to ensure that it does not go wrong again.
Chloe Smith
Q
Dr Renwick: I would suggest simply a stipulation that that power be exercised subject to the constraint that there shall never be a majority of MPs from any one party within the membership of the committee.
Chloe Smith
Q
Your points about the Sewel convention were interesting. I wanted to have your written evidence in front of us, as well as what you have just said. In your written evidence you say the proposed strategy and policy statement violates the Sewel convention. Your words just now were accurate in saying that the Sewel convention says that this House will not normally legislate for affairs that are devolved without consent. You have clarified in your words here today that it is the existence or otherwise of an LCM that would violate the Sewel convention. For absolute clarity, can you confirm that the strategy and policy statement does not, in its own right, violate the Sewel convention, but instead, the behaviour and procedure around it is where you direct those comments?
Dr Renwick: I intentionally changed my comments because what I wrote in my evidence was somewhat inaccurate. What I should have said was, if there is no legislative consent motion on this aspect of the Bill, then the inclusion of the strategy and policy statement as currently set out would violate the Sewel convention. It seems very likely that there will not be a legislative consent motion; that was the presumption I was making, but it was a presumption that I should not have made without clarification.
Chloe Smith
Q
Dr Renwick: Absolutely. The Welsh Minister in his legislative consent memorandum indicates that he is in conversation with you, which I am very glad to hear, and I hope you will take your normal constructive approach in seeking a solution to this issue.
Chloe Smith
Q
Dr Renwick: It would be subject to much less scrutiny than primary legislation and it would not be amendable. As far as possible in this area, the principle should be applied that the rules are made in a reasonably consensual cross-party manner. I realise that is very difficult and it is not guaranteed by the primary legislative process, but at least there is a process for proper scrutiny and discussion of the proposals in a cross-party forum. The procedures around the strategies, policies and statements that are indicated in the Bill do not enable that degree of scrutiny, which I think is simply not appropriate.
Chloe Smith
Q
Dr Renwick: There is the kind of detailed scrutiny that we are having today, for example, in which there is an opportunity for detailed discussion of the proposals to take place. Also, of course, part of what we are doing here today is bringing in the views of a variety of people from beyond Parliament as well. It is essential that the processes of accountability for the Electoral Commission should be both cross-party and non-party. Those two features are essential for ensuring that electoral integrity is maintained for the simple reason that, as a member of the Committee alluded to earlier this afternoon, however wonderful MPs are—I have great respect for MPs; I know some of you on the Committee and I genuinely think you are great people—you have a vested interest in these issues. We are talking about a body that regulates some of the activities of MPs. In that context, it is essential to ensure there is a process that brings in voices from outside Parliament, and the primary legislative process allows that to a much greater degree than does a simple affirmative resolution.
Chloe Smith
Q
Dr Renwick: Yes. The changes introduced in 2009 with the introduction of party members of the Electoral Commission was a desirable step in ensuring that all voices are properly represented in the governance of the Electoral Commission, and those structures are not changed. As I have indicated, in some respects the governance structures need to be changed, particularly regarding the composition of the Speaker’s Committee and the question of how we reflect the devolved arrangements, but yes, I agree that the arrangements you mentioned are not changed.
Chloe Smith
Thank you, Alan. As always, it is good to debate with you and really good to have your expertise.
Brendan O'Hara (Argyll and Bute) (SNP)
Q
Dr Renwick: No, I was not. I would not expect to have been aware necessarily of all the consultations that might have taken place, but I do not recall being aware of the proposals before they were announced by the Minister in June. To be honest, that is problematic. I have expressed concerns about the substance of the proposals, but procedurally there is a difficulty here as well because of the point that I have already alluded to. With the best will in the world, and with full respect to you as MPs, the fact that you have a vested interest in this issue means that it is incumbent upon you to proceed with particular care when you are thinking about electoral matters generally, and particularly the governance of the Electoral Commission.
I think the procedure that ought to be followed in such a case is that there is an independent review before any recommendation such as those that have been introduced here are put forward. That was the case in 2000; the introduction of the Electoral Commission stemmed, if I remember correctly, from the Fifth Report of the Committee on Standards in Public Life. The changes in 2009, introducing, among other things, the partisan commissioners, reflected recommendations made in, if I remember correctly, the Eleventh Report of the Committee on Standards in Public Life. There has been no comparable process in this case. I do not think that that is an appropriate way to introduce significant changes in the governance of the Electoral Commission.
Brendan O'Hara
Q
Dr Renwick: I do not think it is for me to speculate on that to be honest. I regret that it has happened in this way. I have great respect for the Minister, and I hope that there may be scope for reconsideration of some of these aspects. For example, as you will all be aware, the CSPL published a report just two days after the Bill was published on the regulation of election finance, which of course is part of what the Bill covers. I would very much hope that the Government have been considering the recommendations made in that report, and might introduce amendments to take account of many of them. I thought it was an excellent report. I hope that there is scope to change elements of the Bill in order to reflect the views that have been heard since its publication, because I do think that steps up to that point were too hasty.
Brendan O'Hara
Q
Dr Renwick: The main point is that the governance of the Electoral Commission should stand up to proper scrutiny, and should be appropriately independent. Frankly, I am not sure whether it has much impact on public perceptions. I suspect that most people have higher priorities in mind. Certainly, the measures diminish the integrity of the electoral process, or will do if introduced, and that ought to be regretted. Quite what effect that has on public opinion as such, who knows?
The Chair
If there are no further questions from Members, thank you, Dr Renwick, for your evidence. It is much appreciated. The Committee will next meet at 9.25 am on Wednesday 22 September to begin clause-by-clause consideration of the Bill.
Ordered, That further consideration be now adjourned.—(David Rutley.)
Elections Bill (Instruction)
Monday 20th September 2021
(3 years, 3 months ago)
Commons ChamberRead Full debate Elections Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Notices of Amendments as at 20 September 2021 - (20 Sep 2021)
20:49 - The House divided: - Ayes: 309 / Noes: 186 - Question accordingly agreed to.
Madam Deputy Speaker (Dame Rosie Winterton)
Before I call the Minister to move the motion, I should confirm that the amendment has not been selected.
The Minister of State, Department for Levelling Up, Housing and Communities (Christopher Pincher)
I beg to move,
That it be an instruction to the Elections Bill Committee that it has power to make provision in the Bill about the use of the simple majority voting system in elections for the return of—
(a) the Mayor of London;
(b) an elected mayor of a local authority in England;
(c) a mayor of a combined authority area; and
(d) a police and crime commissioner.
The motion seeks to widen the scope of the Bill to provide for these measures to be introduced. I do not intend to outline the purpose and effect of the proposed amendments in detail, because the House will be well versed in parliamentary procedure and will doubtless remind us that this debate focuses on the motion before us. If the motion is agreed tonight, we will have the opportunity to debate the substantive issues fully as the Bill progresses through Committee and its other remaining stages.
However, it may help hon. Members if I briefly set out the Government’s reasons for the change, without prejudice, of course, to the outcome of any substantive debate we may subsequently have on the amendments themselves.
Patrick Grady (Glasgow North) (SNP)
I congratulate the Minister on his achievement in arriving at the Dispatch Box to move this instruction motion. Will those of us who are on the Committee enjoy the pleasure of his company as we seek to scrutinise the Bill, or will one of his hon. or right hon. Friends be taking that spot?
Christopher Pincher
I am pleased that the hon. Gentleman thinks my eloquence, or otherwise, would be of benefit to the Committee. I assure him that the Committee will have sufficient expertise to properly scrutinise the Bill, not least because he is also on the Committee. Her Majesty’s Government speak with one voice.
Supporting first past the post is a long-standing Conservative commitment. It is in our manifesto and it reflects the view of the British people, as expressed in the 2011 referendum, when 67% of them voted for first past the post. The House will of course want to know that in my constituency of Tamworth 77% of electors voted for it. My right hon. Friend the Home Secretary announced in March that the Government intended to introduce legislation to change the voting system for all combined authority Mayors, the Mayor of London and police and crime commissioners to first past the post, as soon as parliamentary time allowed. We now have before us an opportunity to consider and make this change in its proper context—the wider electoral law system. The amendment I propose to make to the Elections Bill will, for consistency, also extend the change to include directly elected mayors of local authorities in England. I am therefore today inviting the House to agree that parliamentary time be allowed for this important measure and by agreeing to the instruction before us, that it may make provision in the Bill about the use of the simple majority voting system in elections for the return of the Mayor of London, an elected mayor of a local authority in England, a mayor of a combined authority area and a police and crime commissioner. I commend the instruction to the House.
Cat Smith (Lancaster and Fleetwood) (Lab)
The Minister is telling us that we will have time to scrutinise and debate the amendment he is proposing tonight, but he might not be aware that this Bill has already started; we have already had Second Reading, where all Members of the House were able to debate the merits or otherwise of the contents of the Bill, and the Bill Committee has already met four times. We have already finished our evidence taking. I say to the Minister that on page 114 of the transcript of the Committee he can see that, as a member of that Committee, I made a point of order to the Chair, asking whether or not we could take evidence from witnesses on the issue of electoral systems. The Chair was very clear in saying that that was out of the scope of the Bill and so Committee members were not able to take evidence on electoral systems. So I have to question why this was not included already in the legislation. On 16 March, the Home Secretary announced that the Government planned to change the voting system for all PCCs, combined authority mayors and the Mayor of London from the supplementary vote system to first past the post. If the Government had wanted this to be in the Elections Bill, surely they should have put it in the Bill from the beginning, allowing Members to scrutinise it on Second Reading and in Committee.
The supplementary voting system that is used for all those different types of elections—
Patrick Grady
Does the hon. Lady agree that we should find a way, through the usual channels, to make sure that the Bill Committee can take some supplementary evidence and we can schedule in some additional sessions so that, assuming the instruction is passed tonight, the Committee can have that level of scrutiny that has so far been denied to the House on Second Reading?
Andy McDonald (Middlesbrough) (Lab)
On PCC elections, is my hon. Friend as staggered as I am to learn that the Conservative party’s PCC for Cleveland, Steve Turner, who was elected earlier this year, was sacked in the early 2000s for systematic theft of merchandise from his then employer, Safeway supermarket, at its Norton store? Does she agree that it is totally untenable for someone who was engaged in such criminal behaviour to hold the position of PCC and that he must resign from his role with immediate effect?
Cat Smith
I am as staggered as my hon. Friend to learn that the Conservative party’s PCC for Cleveland was sacked for theft from a Safeway supermarket. I would certainly agree that it is totally untenable for a criminal to hold the position of PCC, and if what my hon. Friend has shared with the House tonight is true, I would expect a resignation and some kind of by-election for that PCC role with immediate effect.
Turning back to the instruction, the supplementary vote system has been used to elect the Mayor of London since 2000, so it is certainly not a new system of voting. The instruction on the Order Paper suggests that it is somehow something that has come to light since the Bill has been published, but if we have been using this system of voting for the London Mayor for well over two decades, it seems inconsistent for the Government not to have been able to see fit to put this in the Bill before this late stage.
The Minister said that this measure was in his party’s manifesto, and indeed the 2017 manifesto stated:
“We will retain the first past the post system of voting for parliamentary elections and extend this system to police and crime commissioner…elections.”
However, if he reads his party’s 2019 manifesto, as I have done, he will not see it anywhere there. So this was not in the last manifesto and it has not been in the Bill since the beginning. Is this not just another example of Tory arrogance and some kind of apparent allergy to scrutiny and accountability? This Bill has been utterly chaotic and it seems increasingly likely that we are going to get a new Minister on the Bill Committee, although we do not yet know who it will be, and a new Government Whip mid-Committee. To top it all off, we are now not entirely sure whether the Bill sits within the Cabinet Office or the newly renamed “Department for Levelling Up”. So let me level with the Minister tonight: this instruction motion stinks of gerrymandering and we will vote against it.
Brendan O'Hara (Argyll and Bute) (SNP)
I thank the Minister and welcome him to his place, temporarily or otherwise. I was incredibly surprised by the length of the introduction he gave on this important change to this Bill. During my time in this Parliament, the first occasion we have had an instruction motion was last week, when the hon. Member for Rhondda (Chris Bryant) moved one. To his enormous credit, he was thorough, considered and detailed, and he gave a lengthy explanation as to why he wanted his instruction to take place. The Minister has absolutely failed to do that this evening. It is astonishing. Just when we thought the Government could not be any more obvious or blatantly self-serving or go further than what is already contained in the Elections Bill, here they are trying to change the rules for their own electoral advantage. Not content with silencing judges, stripping power from the Electoral Commission, privatising critical media, banning public protests and cleansing the register, the Government now want to do away with an electoral system that promotes plurality of voice, encourages participation and, more importantly, delivers a fair result. It is pretty obvious that the Conservative party has absolutely no interest in fairness, plurality or the extension of participation; the Conservatives seem interested only in retaining power, and they are prepared to change the rules and game the system to make that happen. In short, the Conservative party is quickly becoming a danger to democracy.
Patrick Grady
My hon. Friend says that the Conservatives are prepared to game the system; they are gaming the system not only by changing the electoral system but by using this instruction to change the way the House is supposed to scrutinise the Bill. It is totally outrageous that they are changing the scope of the Bill once we have already begun its consideration.
Brendan O’Hara
I absolutely agree. If this was a casino, we would demand that it be shut down and the owners arrested for loading the dice, marking the cards and allowing the croupiers or whoever to have an ace hidden up their sleeve. Why should we accept that a party in power can get away with giving itself every conceivable unfair advantage to remain in power, including by changing the voting system on a whim? The Tories are undermining the electoral watchdog and introducing barriers to voting, particularly among folk who would see hell freeze over before they would vote Tory. Throughout our discussions of the Bill, we have been told, “It was in our manifesto—that’s why we’re obliged to do it.” It is remarkable that Government Members can ignore the absurdity of that argument, given the manifesto commitments we voted on earlier.
Jerome Mayhew (Broadland) (Con)
The voter ID pilots suggested that 0.16% of people who tried to vote were sent back to get identification, but in the London mayoral elections 5% of ballots were rejected because of confusion. Is that not the loss of franchise?
Brendan O’Hara
I share the confusion of the 5%, because I have absolutely no idea what the hon. Gentleman is talking about. Confused on what point—that they could not understand how to use proportional representation? Just because people cannot get it right the first time round does not mean that we should bin an entire system. Elections have to be fair and people have to trust the election system in place. This instruction is a retrograde step. It is about turning the clock back to an outdated, past-its-sell-by-date voting system.
As the hon. Member for Lancaster and Fleetwood (Cat Smith) asked, where was this proposal when all the experts spoke to the Bill Committee? For four sessions over two days, countless experts came and talked to us about the Bill. The Government must have known that, like the dodgy croupier, they had this idea up their sleeve, waiting to come out; where was it? Why was it not presented before now? Why was the Bill Committee not allowed to investigate this topic and question experts on it? The Government had ample opportunity to float the idea but decided to wait until the Committee had started to sit and not allow a single opportunity for us to question expert witnesses on why it was appropriate. I would love to say I am shocked by this behaviour, but let us be honest, none of us are shocked by it. It has become par for the course.
Are Conservative Members really going to allow this to happen? Is a healthy, robust democracy really worth sacrificing on some vague promise of achieving short-term personal electoral gain? Are Conservative Members really going to meekly acquiesce and turn another blind eye to another full-on attack on our democracy? If they do, it will confirm what many of us on the Opposition Benches have suspected for quite some time: that in its deal with the devil, the Conservative party has given itself over completely to the UK Independence party and retained only the naming rights. Unfortunately, the rest of us will have to live with the consequences of that Faustian pact.
Dr Jess Garland, director of policy and research at the Electoral Reform Society, has said that this is a backward step, and she is of course correct. Is anyone surprised? Everything that this Government do is a backward step. It is like they are indulging in a desperate search for a better yesterday, to the extent that on the same day as they introduced this piece of ridiculous jiggery-pokery they announced that we would all be able to buy our spuds by the stone—assuming, that is, that we can find a supermarket with any tatties left. If it was not so dangerous, it would be laughable. This is opportunistic populism: give the punters what you have told them they want and you can pick their pockets and rob them of their democracy at the same time.
Let us be in no doubt that to resurrect a regressive and antiquated electoral system that belongs in the dustbin of history is nakedly and brazenly partisan. This motion to allow the Committee the powers to introduce first past the post has not been parachuted in because the Government think it will make democracy better or elections fairer, or be more representative—no chance. The only reason it is before us is because it will make it much easier for the Tories to win, while at the same time shutting out small parties on those few occasions when they can make an electoral impact.
Let us not pretend that this instruction to the Bill Committee is anything other than a tawdry attempt by this Government to ensure that, even if they fall out of favour with the public, the Tories will not fall out of power. When the Minister gets to his feet, I hope that he explains when it was decided that this provision would be put in the Bill. Who decided that? At what point and at what level was it decided, after the Committee had met and after the experts had been dismissed, that it was appropriate to parachute this in? How does he expect the Committee to be able to function under the circumstances in which it now finds itself when a colossally important piece of the Bill and an addition to the scope of the Bill has been introduced at this stage after the experts have gone?
Quite remarkably, this makes a thoroughly rotten Bill even worse—something that I never thought possible. I look forward to the Minister’s explanation of exactly how and why this was allowed to happen.
Caroline Lucas (Brighton, Pavilion) (Green)
It is a pleasure to follow the hon. Member for Argyll and Bute (Brendan O’Hara).
Today, we are faced with yet another example of a Government with absolutely no respect for democracy, demonstrated both by this process and by the use of it in relation to a policy change of such huge electoral importance.
Ironically, the Minister who tabled this instruction—the hon. Member for Norwich North (Chloe Smith)—was the very Minister who recently criticised the hon. Member for Rhondda (Chris Bryant) for using this little-used mechanism himself. The irony is compounded not least because the hon. Gentleman used it as a Back Bencher, with few other options at his disposal, faced with a Government blatantly leaving the issue of suspending Parliament out of a Bill that should have included it. By contrast, in this case, the Government of the day are abusing parliamentary process in two ways: first, they did not give notice of this extension of the scope of the Bill; and secondly, there is no good reason for using this instruction mechanism in the first place.
That raises questions as to why this attempt to foist the undemocratic and unfair first-past-the-post electoral system on mayoral and police and crime commissioner elections was slipped in as quietly as possible. For example, why was this silently published on the day of the reshuffle? More substantively, why did the Government not include this issue in the Bill in the first place so that the principle could have been debated on Second Reading?
Frankly, the disrespectful nature of this instruction is compounded by the fact that this is an Elections Bill—a Bill of constitutional importance, which requires those in power to behave with the highest respect for due process in order to protect our democracy and trust in Government. Anything else looks like rigging the system to the Government’s own electoral advantage. Extending the use of first past the post, and stripping out the proportional aspects of mayoral and police commissioner elections are not changes that should be bounced on MPs of other parties with no pre-legislative scrutiny or discussion.
Since 1997, every new representative body in the UK has been elected using an electoral system other than first past the post. We have had two decades of experience with PR systems in devolved Assemblies, mayoralties and local government. Now, suddenly, we have this blatant abuse of parliamentary procedure to allow the Government to scrap the PR systems that we have. Instead of the surreptitious use of this last-minute instruction, we should have had pre-legislative scrutiny so that we could properly explore on a cross-party basis the serious concerns that first past the post is unfair, unrepresentative and undemocratic. It is unfair and unrepresentative because it regularly delivers powers to those who win only a minority of the popular vote, ignoring the number of votes cast for smaller parties, and undemocratic because it promotes voter inequality, giving disproportionate power to swing voters in marginal seats and encouraging the belief that voting never changes anything, which is dangerous for participation in our democracy.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
The hon. Lady, my friend and neighbour, is making a very good set of points around why we need a more proportional, not less proportional, system in our voting system more broadly. Does she share my concern that Ministers have been grilled, questioned and interrogated over a number of years on the clauses in the Bill in the Public Administration and Constitutional Affairs Select Committee, on which I sit, and the fact that this has been brought in without PACAC being able to consider the issue beforehand with the Minister is an example of this Government undermining the Committee system as well?
Caroline Lucas
Of course, I absolutely agree with my constituency neighbour; this just smacks of deceitfully slipping it out so that the provision cannot have the proper scrutiny that it deserves.
When we teach young people about what the suffragettes went through to get the vote for women and how important it was to vote, it really would help if we could tell them that we had a system now where their vote actually counted. That means that the Government of the day should be treating any change in the law on our voting systems with the respect that it deserves. The fact that the Government are not going to through the normal due legislative process with this change rings major alarm bells. Second Reading debates exist for good reason; they are a high-profile part of the scrutiny process, and I can see no good reason why we were not allowed to scrutinise this outrageous proposal then. How different it would feel if we had a Government who were pluralist, open, willing to engage in dialogue with all people and parties, and willing to improve our democracy with a commitment to fairness and to increasing wellbeing for all citizens.
In May, the Tories lost 11 of 13 mayoral elections, all under the supplementary vote system, which allows voters to express their top two preferences. Now they want to change these elections to first past the post, but without any normal scrutiny. We can only conclude that they are seeking to do this unfair thing in an unfair way because they understand that when elections are fair, they tend to lose.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
It is a generally accepted truth—and, indeed, a fundamental truth of politics—that just because a Government can do something does not necessarily mean that they should. It is quite a while since we saw such a clear and clamant example of that truth as we have before the House tonight.
The Government appear to have been caught on the hop, suddenly noticing, after 20 years, that the Mayor of London is elected using a second vote. I think we have to have some sympathy for them—we know that there are some on the Government Benches who would never claim to be speedy learners—but it is still quite important that this House should be allowed to do the job that we are all sent here to do. I remind the Government that the day will come when hon. and right hon. Members currently sitting on the Government side of the Chamber will be sat on the Opposition side, and they will then find the truth of the way in which they seek to treat this House today; and that is a fairly tawdry truth, I have to say.
There is a lot more to the various devolved offices mentioned in the instruction than simply the electoral system. One reason why these offices were to be elected using a proportional or semi-proportional system was that it was felt necessary to have proper protections because significant powers were being devolved. Indeed, had it been known at the time that these offices would later be elected by first past the post rather than an alternative system, the House may have taken a different view at that time. Due to the way in which the Government have gone about this, it will not be open to the House to take a different view, because instead of re-examining and reopening the powers of these offices as a whole, we will be looking only at the manner in which they are elected. It is for that reason that the road the Government have gone down tonight is ill advised and will ultimately provide the citizens with poorer representation as a consequence, which is why my hon. and right hon. Friends and I will be opposing the motion tonight.
Patrick Grady (Glasgow North) (SNP)
I think there has been some grumbling on the Conservative Back Benches that the House has been detained by this motion and there have been all kinds of Divisions this evening. Well, we on the Opposition Benches wanted to keep reforms such as call lists, remote voting, remote participation and proxy voting. The Government were the ones who were determined to bring all of this back and to have the House in its full glory, so they are not really in any position to complain about that kind of thing.
We wait ages for a cognate motion to appear and then two come along at once. As the hon. Member for Brighton, Pavilion (Caroline Lucas) said, it was just last week that the hon. Member for Rhondda (Chris Bryant) tabled one of these motions, but he did it before Second Reading—right at the start of the scrutiny process of the Dissolution and Calling of Parliament Bill, which we considered that day.
In this case, the Government were already well out of the traps. The Elections Bill is on its way. The House has approved the principles of the Bill on Second Reading, but that did not include what the Government are now trying to shoehorn into it. This is a further demonstration of what we warned of on Second Reading; it is significant and radical constitutional reform that is generally undermining the democratic principles that are supposedly enjoyed on these islands, and it is being done in a very sleekit and piecemeal fashion in the hope that nobody will notice. Well, we are noticing it and we will call it out.
I would be grateful if the Minister could reply to the various points that have been made by my hon. Friends and in my own interventions about precisely how this will work. Who will lead for the Government on the Bill now that the Department has changed? How do we pronounce the name of the Department, by the way? Maybe he can tell us how the new acronym is supposed to be pronounced, because no one else seems to understand. How will the Government bring forward amendments? Are they going to table amendments in Committee and then we have to table amendments to the amendments in order to try to achieve some kind of scrutiny? Are they going to bounce it through the House on Report, because according to the current programme motion we only have up to an hour before the moment of interruption on whatever day it comes forward? Or maybe they will just put it all through in the House of Lords, because frankly that would be about as democratic as everything else they are trying to do.
This is yet another power-grab by this Conservative Executive and people can see absolutely right through it. While they are going backwards with their introduction of first past the post for local elections in England and Wales, the devolved institutions, of Scotland in particular, will continue to increase democratic participation by increasing the franchise and increasing the accountability and proportionality of the representation in the electoral systems that we have. The Minister asked in a sedentary intervention on my hon. Friend the Member for Argyll and Bute (Brendan O’Hara) what system elected us. Well, yes, we were all elected under first past the post, and the first thing that our leader at the time, Angus Robertson, said when he got up in this House was to recognise the disproportionate result that was achieved in Scotland in 2015, 2017 and 2019. Our amendment has not been selected, but I will tell the Government this: if they want to introduce proportional representation for election to the House of Commons, bring it on.
Christopher Pincher
With the leave of the House, I will respond briefly to some of the points that right hon. and hon. Members have made.
I remind the House that this motion to instruct is to make a technical change to the Elections Bill Committee to allow it to consider the options before it. It is for Members of the House, across the House if they so wish, to bring forward amendments to the Committee that it can consider. I have no doubt that there is sufficient expertise on the Committee to consider these questions, which are pretty well-aired: they have been in the Conservative party manifesto, one way or another, over three consecutive elections. I think the Committee is properly disposed and well able to consider these matters, and if it feels it is not, there are other parts of parliamentary procedure that the House can employ. We will have Report stage. We will have Third Reading. There will be ample opportunity for the House to consider these matters.
It is rather rich for the SNP, the Greens, the Liberal Democrats and Labour to say that we are abusing democracy. I might remind them that in 2011 the country voted for first past the post by 67%, and yet the Greens seem to want to ignore that. I remind them that in 2016 the country voted to leave the European Union, but the Opposition parties tried every trick in the book to undermine the decisions of the British people. We will support the view of the British people that a simplified first-past-the-post election system is best, and we want the House to consider it. The House and the Committee will be able to consider it in the normal way. It is for the usual channels to determine whether further time might be given to the Committee for consideration. However, I am confident that when all is said and done, this House will have the opportunity to debate these matters frankly and fully, recognising what the Home Affairs Committee said in 2016—that first past the post is the best way to elect police and crime commissioners. With respect to the Opposition, I commend this simple technical motion to the House.
Question put.
Elections Bill (Fifth sitting)
Wednesday 22nd September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 22 September 2021 - (22 Sep 2021)
The Chair
Before we begin, I will make a few preliminary remarks. There is a load of stuff here about face masks, mobile phones, and food and drink, but do what you like, within reason. We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same, or a similar, issue. Please note that decisions on amendments do not take place in the order that they are debated but in the order that they appear on the amendment paper. The selection list shows the order of debates. Decisions on each amendment are taken when we come to the clause to which the amendment relates. Decisions on new clauses will be taken once we have completed consideration of the existing clauses of the Bill. Members wishing to press a grouped amendment or new clause to a Division should indicate when speaking to it that they wish to do so.
Cat Smith (Lancaster and Fleetwood) (Lab)
On a point of order, Sir Edward. On Monday evening, the House considered an instruction motion that had been tabled in the name of the previous Minister, the hon. Member for Norwich North (Chloe Smith). The motion changes the scope of the Bill and includes different types of electoral systems. Having had four evidence sessions in which we were unable to question witnesses about different electoral systems, I wonder whether you, Sir Edward, have had any indication from the new Government Whip, the hon. Member for Castle Point, about whether more evidence sessions will be timetabled so that the Committee can take evidence from expert witnesses on different electoral systems.
The Chair
I thank the hon. Lady for that point of order. I have had no communication from the Government. Regarding more time, it is perfectly in order for the Committee to come to an agreement, either between the usual channels or by way of an amendment, to allow more time. I will leave it to the hon. Lady to discuss with her colleagues and the Government whether they want more time. I am sure that my colleagues and I will be perfectly open to that, but it is entirely up to the Committee. We are in your hands.
Brendan O’Hara (Argyll and Bute) (SNP)
Further to that point of order, Sir Edward. I share the concerns of the hon. Member for Lancaster and Fleetwood. It is outrageous that the Government should seek to parachute in something in addition to the scope of the Bill without any debate. There was no debate on Monday night, because the Minister, the right hon. Member for Tamworth (Christopher Pincher), did not engage with the House. He turned up and read a pre-prepared statement. He did not engage. He did not even take an intervention from his opposite number. It is farcical that it should happen in such a way that no questions were answered and there was no scrutiny. This did not appear from thin air. The Government knew that this was happening; yet I believe they held it back from the Committee. I think it is only right that the Committee should have a chance to bring back expert witnesses so that we can have testimony from them on what this crucial part of the new scope will mean for the entire Bill.
The Chair
I can only repeat what I said to the hon. Member for Lancaster and Fleetwood. That is a perfectly fair point, and if the hon. Gentleman wishes to table an amendment to that effect, I am sure that the Government will listen very closely. I am completely in the hands of the Committee.
We will start with clause 1, and the question that it stand part of the Bill. Members will note my grouping and selection, and that several detailed matters relating to voter ID will be covered in debates on amendments later today. Clause 1 introduces the schedule on voter ID. I would be grateful if Members could please restrict their remarks to the principles of the proposals. That is quite important. I am sure that we can have a very wide-ranging debate that will be more like a Second Reading debate, but remember that there are loads of amendments later, so there is no point in getting into detail now. We will have plenty of time to discuss the detail.
Clause 1
Voter Identification
Question proposed, That the clause stand part of the Bill.
The Minister of State, Ministry of Housing, Communities and Local Government (Kemi Badenoch)
It is a pleasure to serve under your chairmanship, Sir Edward, and to progress the passage of the Bill. I pay tribute to my predecessor, the Minister of State for Disabled People, Work and Health, my hon. Friend the Member for Norwich North (Chloe Smith), for her great contribution to the proposals in the legislation. I ask the Committee’s forgiveness if I am not as sharp as she has been on the details. This is very new to me, following my taking on this position, but I look forward to taking the Bill through Committee and the upcoming stages.
I begin by introducing clause 1, which delivers the Government’s manifesto commitment to introduce photographic identification for voting at polling stations. I will first focus on the principle behind the measure, and why it is essential to the protection of our democracy. The details of its operation will be addressed later, when discussing the contents of schedule 1. I am sure the Committee will agree that it is paramount that we protect the security and integrity of our ballot, so that our elections will remain secure well into the future. The process for voting in polling stations in Great Britain has had no significant changes to security since the Ballot Act 1872. A system used in the Victorian era, when everybody was well acquainted with their neighbours, is simply not fit for the 21st century.
As my predecessor set out many times, there are undeniable vulnerabilities in our system that let people down because they can lead, and have led, to votes being stolen by unscrupulous individuals. We cannot sit idly by and tolerate that. Where there is the opportunity for fraud, we must act, particularly when we have the power to stamp it out with such a straightforward, simple policy. Just because someone is not regularly burgled does not mean that they stop locking their front door. Showing photo identification is an entirely reasonable and proportionate way to confirm that someone is who they say they are.
Many people would question why a requirement to show identification at polling stations is not already in place. In fact, the majority of the public—66%—have said that it would make them more confident in the security of the voting system. To suggest that specific groups, such as young people or those from an ethnic minority background, would automatically not be able to access the freely available voter card, based on assumptions about the work that will be done, is to unfairly diminish the agency and desire of those groups to participate. I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so.
Cat Smith
I welcome the Minister to her place, and appreciate that she is obviously quite new to this area. I wonder how she feels able to back up what she just said about different demographic groups not having any trouble accessing free ID. The Driver and Vehicle Licensing Agency does not hold data on the ethnic background of people who hold a driving licence, and the Home Office does not hold data on the ethnicity of those who hold passports. Given that those are the two main forms of ID, how is she confident that any particular ethnic group will not be disproportionately affected by the policy?
Kemi Badenoch
I am happy to answer that question. As we produce guidance, we will be able to give more details on the specifics, but the fact is that it is an insult to say that someone from an ethnic minority background will have difficulty procuring ID. That is nonsense.
Kemi Badenoch
No, no—I have given way. I am also, as the hon. Lady will know, the Minister for Equalities. I have spent a year working on the disproportionate impact that covid has had on people. Being able to collect data is critical, but assuming from the get-go that people are disadvantaged on the basis of their background is stigmatising, and denies them their agency.
Kemi Badenoch
Let me finish. I do not know the conversations that the hon. Lady has had with other people. I think that she will find that on this issue I will be very robust, and I will not stand in this House and have ethnic minorities denigrated with the assumption that they need the Labour party or the liberal left to hold their hand in order to vote. We have had pilots, and there is a lot of evidence to show that this policy does not discourage people from voting.
Cat Smith
On a point of order, Sir Edward. I never said anything about ethnic minorities in my intervention on the Minister. I said that data on different ethnic groups was not collected. I never made any comment about ethnic minorities. I just wish to make that clear for the record.
The Chair
The hon. Lady has made her point, and I am sure that the Committee will have heard it.
Kemi Badenoch
The hon. Lady talked about the DVLA not collecting data on the ethnic background of people, so we know the point that she was making. As I said, I will be unambiguous in setting this out: anyone who is eligible to vote will continue to have the opportunity to do so. I hope that for the rest of the Committee we will be able to have a civilised debate, and not one where we bring in issues that are not pertinent to the matter at hand.
Aaron Bell (Newcastle-under-Lyme) (Con)
I share the Minister’s distaste at the suggestion that people do not have that access and that agency. Is it not the case that the existing elements of voter fraud in the system fall disproportionately on ethnic minority populations, as we saw in Tower Hamlets in the Bangladeshi community?
Kemi Badenoch
I completely agree, and I am very grateful to my hon. Friend for making that point.
I want those listening to the debate to be clear that we will work with them, and for them, to ensure that the implementation supports their participation, and I hope that on that principled point the Opposition will stop their negative and discouraging narrative on the future of the measures. Voter identification is a simple, proportionate and effective means to strengthen the integrity of elections. For those reasons, I urge that clause 1 stand part of the Bill.
Cat Smith
It is a pleasure to serve under your chairship, Sir Edward. I welcome the new Minister, the new Government Whip and the new member of the Committee, the hon. Member for Devizes. They missed out on the pleasure of the four evidence sessions that we enjoyed last week, but obviously those evidence sessions—I will make the point again, Sir Edward—were not sufficient to cover all the clauses due to the instruction motion that was passed on the Floor of the House on Monday evening.
It is incredibly disappointing and bad form on the part of the Government to approach the House with a constitutional Bill that fundamentally changes huge swathes of how we vote and exercise our democratic rights as a society without that level of scrutiny. The instruction motion included a change to the voting system that previously happened only under referenda. I note the alternative vote referendum that we had about a decade ago. If we are to change our voting system in this country, not with referenda and not even with consideration on Second Reading or in Committee evidence sessions, I question the accountability to which hon. Members feel they can hold themselves.
Clause 1 requires voters to show photo ID at elections. I believe that in a democracy it is right that voters choose their leaders, but in the Bill we see a reversal of that: it appears that the leaders are trying to choose the voters who participate in elections. There is no doubt that requiring photo ID at a polling station is an additional barrier to voting. No one can argue—I welcome interventions from Government Members—that putting an additional requirement on a voter before receiving their ballot paper is anything other than likely to drive down turnout. If we wish to strengthen our democracy, as the Opposition wish to, one of the best ways that we can do that is to drive up turnout, because bad actors thrive when turnout is low. I wish the Bill were about encouraging participation in elections and democracy, and driving up turnout, because that would make it harder for bad actors to manipulate and twist our election results.
Paul Bristow (Peterborough) (Con)
In the hon. Lady’s vast experience as a member of the Labour party, has the requirement for voter ID to vote in internal Labour party elections been an additional barrier to participation?
Cat Smith
I have been a member of the Labour party since 2004 and I have never been asked to produce photo ID to participate in my local party or national party events, to stand as a Member of Parliament or to be a member of the shadow Cabinet. The hon. Member will remember from the evidence sessions, because he was a member of the Committee then, that an example was given about the parliamentary selection in Tower Hamlets. I imagine that Tower Hamlets will be brought up a fair bit in Committee.
Where there are isolated issues, the Labour party has a process by which it can put constituency parties into what we call special measures. There are additional requirements to take part in our internal democracy where there has been evidence of fraud in the past. That probably backs up my point that the incidents that we have seen are very geographically specific, whereas the legislation covers England, Scotland and Wales. We are penalising huge swathes of the country by putting additional barriers between them and participation in democracy, when at best we have found tiny pockets. Indeed, the Committee heard evidence that personation at polling stations was incredibly isolated.
Aaron Bell
The hon. Lady speaks about the evidence, but we heard from Richard Mawrey, who is without doubt the most qualified person to speak about this. He said:
“On whether lots of cases are going undetected, the answer is undoubtedly yes. It is very difficult to prove fraud, and when you have proved it, it is very difficult and time-consuming to prove who benefited from it.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 17, Q16.]
Absence of evidence is not evidence of absence. This is not an isolated issue, as the hon. Lady seems to think.
Cat Smith
The same witness also said:
“Not only was there electoral fraud in the sense of false votes—almost all postal votes—"
the Bill does nothing to resolve that issue—
“but the system developed so there was misuse of public funds”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 5, Q2.]
I think the point that he was trying to make on the Tower Hamlets example—I may misquote him slightly—was that they were working through all the types of electoral fraud and bad actors were in play. There was an injustice, and I make absolutely no defence of the electoral fraud that went on—I would be quite upset if anyone accused me of that—but is important to point out that elections were overturned and the law worked. Richard Mawrey also told the Committee:
“Voter ID at polling stations, frankly, is neither here nor there. Personation at polling stations is very rare indeed, because it is so dangerous—if someone turns up to a polling station and says, “I am Mr Jones of Acacia Avenue”, and somebody says, “I know Mr Jones; you are not him”, the next thing is a policeman’s hand on his shoulder and he’s up at the local Crown court”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 15, Q13.]
We know, based on the evidence from witnesses whom hon. Members are quoting at me, that the clause, deals with something that is not the major issue. I feel that we are somewhat missing the wood for the trees.
Chris Clarkson (Heywood and Middleton) (Con)
Does the hon. Lady accept that although it is quite possible for someone to go in and say, “I am Mr Jones of Acacia Avenue,” and for the polling clerk to say, “No, you’re not,” they are probably not going to know all 10,000 voters. The requirement to produce a simple piece of ID to confirm that it is Mr Jones of Acacia Avenue is not a barrier.
Cat Smith
It is a barrier to someone who does not have that form of ID, which is the whole point of the clause. One witness also made the point that we are asking people who do not have the forms of ID mentioned in the Bill to go through the process of getting a free voter ID card. The people who do not already have those forms of ID are more likely to be excluded from society or disadvantaged. By the way, the Bill contains no detail about how those free voter IDs will be issued and administered, or how much that will cost.
We know fine well that that additional barrier risks creating a postcode lottery. In my constituency, for example, two councils administer elections: Wyre Council and Lancaster City Council. If they were to administer voter ID cards, it would be unlikely, I suspect, that they would both have the same requirement for people to come forward. Some of my constituents may be able to go to the Civic Centre at Poulton on a Tuesday afternoon between 3 pm and 5 pm, but nothing in the Bill gives us the power to ensure that Wyre Council extends that period with evening drop-ins. Lancaster City Council could have a completely different approach, however. We are therefore saying to some voters, “It will be easier for you to access the ID than for others.”
The fact that there are no basic requirements in the Bill is something of an oversight, as I am sure the hon. Member for Heywood and Middleton will agree. I hope that we can amend that kind of thing to improve the Bill, so that we do not end up with some councils making photo IDs incredibly difficult to access.
Jerome Mayhew (Broadland) (Con)
The hon. Lady made a number of bold assertions about those who do not have voter ID. I simply ask her: where is the evidence to support them? The research supports the Government’s proposition. IFF Research interviewed 8,500 residents by telephone, and found that 98% of the general population has appropriate forms of ID. For black, Asian and minority ethnic people and people with protected characteristics, that figure rose to 99%. Where is the evidence for her bold assertions?
Cat Smith
The Government’s own research showed that 2 million people did not have ID, and 17% of those people said that they would not apply for a locally issued identity document. A further 23% said they were not sure that they would apply. Does the Government’s own research not prove that we risk disenfranchising millions?
Kemi Badenoch
I think the hon. Lady is confusing two different things. Those 2 million people are not necessarily 2 million people who are on the electoral register and are not necessarily 2 million people who would have voted anyway. Is she not mistaking correlation for causation and confusing the issue? My hon. Friend the Member for Broadland showed what actually happens when he cited evidence of an improvement in the participation of ethnic minorities and other groups in the electoral process.
Cat Smith
I am a little confused by the Minister’s intervention. There was a petition on the Parliament website about using digital IDs to access things online. The Department for Culture, Media and Sport responded to that petition using the statistics that I have used today. If one Government Department is using one set of statistics and the Cabinet Office—or presumably now the Department for Levelling Up and whatever it is—is using different statistics, does that not just show that one arm of Government is apparently not speaking to another arm of Government?
Kemi Badenoch
I am very happy to respond to the point the hon. Lady has just made. Different pieces of research are used for different outcomes. My argument was that she is confusing two separate things. The point my hon. Friend the Member for Broadland was making was specifically related to voter ID, and we should not mix and match different petitions and different polls that are used for different purposes as evidence, when the questions being asked are not pertinent to the matter being discussed.
Cat Smith
The Minister is right to say that there is a lot of different research done on who holds what ID, and it appears that there is no central understanding in Government about who holds what. That leaves us, as a Committee, high and dry in terms of knowing what impact this policy will have on different communities.
The Committee heard evidence from Gavin Millar QC, who pointed out that if Tower Hamlets was the reason for introducing voter ID, it would be
“an example of a hard case making very bad law, and I would counsel against that.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 108, Q165.]
Tom Randall
I was going to ask the hon. Lady whether she accepts that Labour constituency associations that are in special measures should have special photo ID requirements. Would she at least support photo ID in those parts of the country that have particular problems with administering their elections?
Cat Smith
I look forward to the hon. Gentleman’s bringing forward an amendment to the Bill along those lines, and I am sure we would be interested in having conversations across the Committee Room about how we might be able to support him in amending his Government’s Bill in such a way. I look forward to speaking to him after the Committee to see whether I can be of any assistance to him on that matter.
It is quite clear from the evidence we heard that the voter ID requirements will make it disproportionately more difficult for some people with disabilities to vote. We heard evidence from the Royal National Institute of Blind People, and we realise that anyone who is blind or registered partially sighted is very unlikely to have a driving licence, which immediately rules out one kind of ID.
Because of the poverty disabled people face, they are also less likely to have a passport, and the Committee heard evidence of concerns that the Cabinet Office had not sufficiently engaged with disabled groups, charities and campaigns in drafting this legislation. There are issues further on in the Bill—I am sure we will come to them later, so I will not go into any detail—about the changes to accessibility having a double whammy effect on disabled voters’ access to elections.
Labour will reject clause 1, and that is consistent with the position we have taken since the first day that the Conservatives mooted this policy.
Aaron Bell
It was not just mooted by the Conservatives; the Electoral Commission has for many years recommended that we introduce some element of identification into the voting process. We have identification at the registration process; would the hon. Lady abandon that as well in her noble goal of increasing turnout?
Cat Smith
I am glad the hon. Gentleman has mentioned the Electoral Commission, because of course it did not specify that this very tight form of photo ID should be introduced by the legislation. Its recommendation was much more open-ended. The Government have come forward with the tightest, most restrictive, most excluding form of voter ID. Trials took place ahead of the legislation being presented, but I believe it was only in Woking where this very tight form of voter ID was trialled. I do not know Woking well, but I am sure that it is not very representative of the whole United Kingdom.
Peter Gibson (Darlington) (Con)
The hon. Lady refers to this being a Conservative policy. Is it not the case that the exact arguments that she is espousing will have been considered by the Labour party when it introduced voter ID in Northern Ireland?
Cat Smith
The situation in Northern Ireland actually came about over a much longer period. The hon. Member for Argyll and Bute somewhat of an expert on these issues, but in Northern Ireland we did see huge swathes of personation going on in the 1980s. The politics in Northern Ireland in the 1980s was very different from the politics that we see in England, Scotland and Wales in 2021.
Brendan O’Hara
I have been trying, both on Second Reading and in Committee, to tease out where the Northern Ireland comparison comes from and how the Government believe that the situation we have in the United Kingdom in 2021 in any way resembles that in Northern Ireland in the ’70s, ’80s and ’90s, which led to the change. Nobody has managed to give me an answer to explain what the similarities are and why the Northern Ireland example is being used to advocate this change.
Cat Smith
The hon. Member for Argyll and Bute is right. Hundreds and hundreds of people lost their vote in the general election in, I think, 1982—it was before I was born. [Interruption.] It was in the 1983 general election. As a response to that, legislation came forward to require forms of ID, which were initially not photo ID, to protect the integrity of the ballot in Northern Ireland, where quite clearly organised crime was being used to disenfranchise literally hundreds and hundreds of voters in constituencies across Northern Ireland and, arguably, to skew election results.
Does the hon. Member for Darlington want to make the case that that is happening right here, right now? I would be very interested to hear whether he thinks that, in his constituency, hundreds and hundreds of voters have had their votes stolen through personation—perhaps at the general election in which he was elected. If he thinks that that is the case, I would be very interested to hear him make the case, but I do not think we can draw a direct comparison from Northern Ireland in the 1980s to England, Scotland and Wales in 2021. Does the Minister still wish to come in on that point?
Kemi Badenoch
I am very interested in the shadow Minister’s points, because she is saying that what happened in Northern Ireland in the 1980s is very different from what is happening here now, yet she is advocating keeping the rules the same as they were in 1872—150 years ago. That is extraordinary. We have not changed anything since the 19th century, yet she is saying that what happened in the 1980s is not applicable now. That is quite extraordinary.
Cat Smith
I am really thrilled that the Minister has made that point, because I have been the shadow Minister for democracy and elections for the Labour party since 2016 and I think that, in every single speech, I have made the case that electoral law in this country is fragmented and confusing. In fact, we heard from witnesses that we need to solidify—
Cat Smith
But this Bill does not solidify all our election law into one single, cohesive piece of legislation that campaigners can use, that gives voters confidence, and that makes it easier for our election judges to use the law and apply it correctly. Election law in this country is so fragmented and confusing. The Law Commission has published reports calling on the Government to come forward with a single piece of legislation to bring all this law together, rationalise it and make it more straightforward and simple. This Bill just adds to the massive catalogue of legislation that we have—different Acts from here, there and everywhere. This Government are doing nothing to make it simpler; they are just adding another layer of complication to it.
Paul Bristow
Earlier in the hon. Lady’s remarks, she asked for evidence of where election results have been impacted by personation. I urge her to look at Peterborough, my constituency, where council results have absolutely been affected by personation, and I ask her this question. In evidence, we heard from the chief executive of Peterborough City Council, Gillian Beasley, who installed CCTV at polling stations. Why does the hon. Lady feel that the chief executive of Peterborough City Council needed to do that?
Cat Smith
I thank the hon. Gentleman for sharing the example of Peterborough. I thought Gillian Beasley gave some really strong evidence to the Committee. The Opposition found the example of the CCTV very interesting, as it is a way in which the current law can be used to combat isolated pockets of personation. Gillian Beasley said,
“I would say that we have seen less personation in polling stations in the recent past. Probably our last prosecution was some years ago, and that is because there are some tight measures not only in polling stations, but around ensuring that we have a good electoral register.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 21, Q23.]
She also talked about the resource implications of implementing voter ID, saying that,
“we will probably see a surge at what is the busiest time for electoral services”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 18, Q19.]
That draws me on to the evidence we received about the clause from the Association of Electoral Administrators. It is an organisation I meet with regularly, because I think it is important that, as legislators, we understand the implications of the laws we make on those who have to administer them. During my time in this Front-Bench role, electoral administrators have consistently told me that elections are often only just delivered securely because of the pressures in local government right now.
Local government has been on the frontline of Tory cuts, and I make no apology for saying that. Our town halls and civic centres are struggling, and elections offices are incredibly understaffed. Speaking for my own electoral administrators in Lancaster and Fleetwood, the staff work incredibly hard. In the run-up to an election, they work seven days a week, and they work incredible hours. I believe that all they do is work and sleep in order to deliver our elections and democracy securely. I pay tribute to all our electoral administrators. They often pull this off under increasing pressure. The snap elections in recent years have meant that they have often been unprepared, particularly in 2019, when the election coincided with the annual canvass. They are under incredible pressure.
Electoral administrators and councils were very clear in their evidence that, if voter ID were to be brought in, they would expect to see a surge in applications for the free voter ID in the run-up to an election, when there is incredible pressure with last-minute registrations and people checking that they are on the electoral register. Since the introduction of individual electoral registration, there has been an increase in people double-checking that they are on the electoral register. It would be nice to see something in the Bill that allowed electors to check whether or not they were on the roll, rather than just re-registering in the few weeks before an election, which puts additional pressure on electoral administrators when their pressures are at their greatest.
Peter Stanyon from the Association of Electoral Administrators said in evidence to the Committee that the applications for voter ID will come in
“when the pressures in the electoral offices are at their greatest.”
Because the Bill has absolutely no detail on how the free IDs will be administered, he asked:
“Will it require attendance in person? Virginia mentioned posting out ID—will that be permissible in the remainder of the UK?”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 44, Q59.]
Virginia McVea was the witness who gave evidence from Northern Ireland. The Minister is very welcome to intervene to make the position clear. That would be very helpful. As Peter Stanyon was saying, we do not know any of the detail at this stage.
We are being asked to vote on something with absolutely no detail. We have no idea what resource implications the Bill will have on electoral registration offices. We have no idea whether the free IDs will be posted out or whether people will have to apply in person at civic centres and town halls. We have no idea whether there will be a basic standard of expectation that people will apply for their voter ID in person, but will only be able to go on a Monday, Wednesday or Friday. None of those basic details is on the face of the Bill. We are being asked to legislate on something that we cannot be confident will be accessible to the people we have been elected to represent.
There is a £120 million bill for the taxpayer to bring in this policy, which we heard in the evidence sessions is basically designed to address something that is incredibly rare and very difficult to do. It does not seem like a good use of taxpayers’ money. In the last 10 years, there were four cases of voter personation fraud, and that was out of 243 million votes cast.
Cat Smith
I would like to make this comparison, and then I will give way to the hon. Gentleman.
I want to compare those four cases to the trials, which took place in just a handful of council areas, all of which are in England and are not representative of England, Scotland and Wales. Some 2,000 voters were turned away in the 2019 pilots, of whom around 758 did not return to cast their vote. That is just in the pilot areas. Look at the single figure numbers of cases and the hundreds of people in just a handful of trial areas who basically turned up at the polling station and did not have the right ID so went away and never came back. We are disenfranchising scores more people than we even hear accusations of voter personation.
Chris Clarkson
The hon. Lady says that there were only four cases. Of course, there were only four cases that we are aware of. That goes back to the point that was made throughout the evidence sessions: it is an incredibly easy thing to do, so we do not know the quantity. As my hon. Friend the Member for Newcastle-under-Lyme said, absence of evidence is not evidence of absence. I have to ask her what an acceptable level of voter fraud is. Are four cases of fraud okay? Do we just let that go, and say, “It’s fine. There’s a cost-benefit analysis to a bit of electoral fraud.”? How many election results have to be overturned before we say that this is actually an investment worth making?
Cat Smith
I do not think that any elections have been overturned, as the hon. Member for Argyll and Bute says from a sedentary position. We have to work on the basis of what we know, and what the facts are. We can only go on the cases that are reported, but we know that 758 people in just a handful of councils were turned away and did not come back. That is an unquestionable fact.
Cat Smith
I think we have to assume that they were. [Hon. Members: “Why?”] Because of all the evidence that we heard as a Committee. I make no apologies to the Minister—she was not here for the four evidence sessions. We did not hear convincing evidence that this is a widespread problem. That is just not what we heard from the witnesses. We know the statistics on how many people were turned away and did not come back.
Rob Connelly from Birmingham raised concerns that the pilots did not reflect the community that he represents:
“One of our concerns with the pilots was that they did not reflect a large urban area, such as Birmingham, Manchester or Liverpool… It has been calculated that about 2% of people have not got ID. That is the equivalent of 15,000 people in my electorate.”––[Official Report, Elections Public Bill Committee, Wednesday 15 September 2021; c. 56, Q85.]
That is in Birmingham alone. A huge number of people—thousands, or tens of thousands—in cities up and down the country will have to go through the process of applying for this free voter ID card, on which there is no detail in the Bill. How can we be expected to vote for something on which there is no detail?
Returning to where I was before I took quite a lot of interventions, I think Ministers and Government Members are living in some kind of alternative reality. Perhaps they are watching too much Fox News. Our elections do not lack integrity. We consistently hear that in reports from the Electoral Commission and when our elections are observed from overseas. I am proud of our British democracy, and of the way we do elections in this country. I am confident that every Member of this House, whether I agree with them or whether we wear the same colour rosette at elections, and everyone who is sitting in this Committee Room was elected legitimately and got the most votes in their constituency. If any Member wishes to question whether they were legitimately elected to this House, I would be very happy to hear them say that they think they won unfairly.
Kemi Badenoch
I think the hon. Lady is confusing the purpose of the Bill. It is to protect the voter, not to ensure that our election results are kosher. I was elected with more than 25,000 votes. Anyone who was unable to vote lost their right. It would not have affected the legitimacy of my winning. The fact that she is saying that shows that she is still missing the point that many people lose their right to vote because another person has voted on their behalf. When I stood for election in 2010, I saw it happen at first hand. It is not reported, and a crime of deception is very difficult to see. She needs to acknowledge that point.
Cat Smith
I am a little confused by the Minister’s intervention. That would be reported because the person would have a tendered ballot and that information would be available. The point is—we heard it during evidence—that this policy has been brought in for UK Parliament elections with large electorates and we did not hear one witness say they thought a major election had been swung by mass fraud.
On the example of referendums, I campaigned in the EU referendum for remain, but I do not question that leave won because it would be unthinkable to enact personation fraud on such a scale.
Patrick Grady (Glasgow North) (SNP)
Is it not precisely the point that the EU referendum was not swung by a voter fraud of fake leave voters turning up and stuffing the ballot boxes, but by the voter fraud of telling people that there would be £350 million a week for the NHS, that food prices would go down and that the NHS would not be harmed—it was swung by the frauds that are now being proven as precisely that by the state this country is in?
Cat Smith
Sorry, Sir Edward. We do get very lively when we are debating democracy and elections, and whether truths are told in referendum campaigns, but I will not stray into that territory with the hon. Member for Glasgow North.
Never in British history has an election been undermined due to mass fraud, so I find the idea of spending millions of pounds to fix a problem that barely exists to be an obscene use of taxpayers’ money. I would like to see the Minister strengthen our democratic integrity by encouraging voter participation. Millions of people in this country are missing from the electoral roll. Regardless of whether they have the right voter ID, we do not have a process in this country of automatic electoral registration. We know fine well who is entitled to vote. We know huge amounts of detail from Department for Work and Pensions and Driver and Vehicle Licensing Agency records, and we make no effort to use that information to bring in a system of automatic voter registration to ensure our electoral rolls are as accurate as possible so that people have no barriers to participating in democracy.
I love elections. I am a democrat and I absolutely think democracy is a brilliant system, but it pains me that millions of our fellow citizens are not registered correctly, and there is nothing in the Bill that makes it easier for that to be brought in any kind of automatic way or to use big Government data in other ways to encourage participation. There is nothing about how we could engage with groups with disproportionately lower voter turnout, such as young voters. There is nothing about investing in our young people or schools to encourage young people to take part in democracy. I am a big supporter of extending the franchise to 16 and 17-year-olds, but I will not stray too far into that because it is not part of clause 1.
There is so much that the Bill could have done to extend democracy and encourage more people to take part. Instead, it puts up expensive barriers that cost taxpayers money and make it harder for legitimate voters to participate in our elections. I feel disappointed because when the Elections Bill was mooted, I thought the Treasury Bench had finally heard my repeated calls about the Law Commission’s report about solidifying our election law into a single cohesive piece of legislation that could modernise our democracy for the 21st century.
Instead, we get a Bill that is basically an attempt at voter suppression. It comes straight from the Trumpian Republican playbook from the US. Republican states are requiring photo ID at polling stations because they know it makes it easier for them to win elections. There is nothing in the Bill that says how accessing that voter ID will work. If we look to the US, we see that in some Republican states a gun licence is okay, but a student ID is not. I wonder what the political motivation for things such as that are. I would argue that the types of ID included in clause 1 of the Bill are totally—
Alec Shelbrooke (Elmet and Rothwell) (Con)
On a point of order, Sir Edward. Does the Bill relate to the American election system?
The Chair
No, but I have heard nothing yet from the hon. Lady that is out of order. However, she has made her point. You can make a point powerfully; you do not have to keep repeating it. But she is in order so far.
Cat Smith
Thank you, Sir Edward.
Millions of people cannot afford the privilege of carrying photo ID. Passports and driving licences cost money, so I would argue that this measure is a paywall to democracy. In all, 3.5 million citizens, which is 7.5% of the electorate, do not have access to any form of ID. Also, in the Windrush scandal we saw how members of some communities can struggle to provide official documentation and the severe consequences that that can have; that was backed up by evidence that this Committee heard from witnesses.
It is incredibly disappointing that the Government have continued to plough on with photo ID plans, seemingly turning a blind eye to the millions of people who they appear to be disenfranchising. The simple truth is that instead of holding water, the Government’s arguments in favour of photo ID contain more holes than a leaky sponge.
Today, we are considering clause 1, which—frankly—tarnishes our reputation as a leading democracy across the world. I make no apology for saying that it takes a leaf out of the Republican party playbook. So we will vote against it in the stand part debate.
Alec Shelbrooke
It is a pleasure to serve under your chairmanship, Sir Edward, and my—what a lively start we have got off to!
I intend to speak to the principle of the Bill, because we will come to amendments later. Despite my point of order, it is interesting that the American electoral system keeps being referred to, because it speaks to the wider issue of faith in elections. We have seen some disgraceful activity by the former President in America, which leads to an undermining of the basis of democracy.
There is no doubt that electoral fraud has taken place in this country, and I struggle to think of another crime that we would be willing to say we do not need to do anything about. I struggle to think of another crime where we say to the victims, “Well, it wasn’t many of you, so we’re not going to bother with it”. There is a very important principle about where we stand in this place.
Brendan O’Hara
The right hon. Gentleman seems to be saying that currently there is no law to stop electoral crime. Laws to stop electoral crime are in place at the moment and they seem to be working; as we have heard, Tower Hamlets and other elections have been refought. Does he accept that there are existing laws to tackle exactly what the Bill intends to tackle?
Alec Shelbrooke
I am most grateful to the hon. Gentleman for making that point, because, of course, Richard Mawrey said in his evidence that the threshold for proving in electoral law as it currently stands is too high to really get over the bar. By bringing in an extra set of checks and balances, we hopefully get away from the point that we would have to try to prove these cases to get over what is a very high electoral bar.
Tom Randall
Following up on the point about Tower Hamlets, is it not also worth noting that that election petition was brought by a small group of volunteers, working on a cross-party basis, who put up their own money and used their own time to investigate the issue in Tower Hamlets? If they had not done so, that entire piece of work would not have been done. That helps to demonstrate how difficult it is to get a petition such as that off the ground.
Alec Shelbrooke
I am most grateful to my hon. Friend for that intervention, because what we heard in evidence was that the financial threshold is exceptionally high for people to get over. We also heard in evidence that people did indeed risk their entire financial situation—they faced bankruptcy—to take that matter forward. There is an old phrase: criminal proceedings, or taking things to court, are free to everyone in this country just as everybody in this country is free to dine at the Ritz, but quite a lot of people are precluded when the bill arrives.
Alec Shelbrooke
I will give way to the hon. Gentleman, because I was about to come on to him.
Patrick Grady
The right hon. Gentleman was asking whether anyone could think of another crime in this country that people are just allowed to get away with. According to the House of Commons Library, the cost of tax evasion to the UK Exchequer in 2018-19 was £4.6 billion. When will this Government bring forward legislation to stop the vast amount of tax evasion going on in this country?
Alec Shelbrooke
The hon. Gentleman makes a very important point, which is why I am proud that this Government have closed the tax gap to the smallest in the G20—not least through the IR35 legislation that has just gone through, which is a very important piece of legislation. This Government have done more than any other to close that tax gap as much as they can.
However, the hon. Gentleman has almost proved my point about the importance of making sure that we have full faith in the electoral system, because he has once again basically said to the Committee that the referendum on EU membership was fraudulent because he did not agree with the political arguments that were made. There is a very fine line to be drawn here.
Politics is about disagreement—that is the strength of a democracy. I am not coming at this from a leaver’s point of view: I voted remain, and I made points in that election that were defeated in political argument. The referendum delivered a definite outcome, and it was then incumbent on this House to make sure that we delivered the outcome of that democratic referendum. We had another general election, which returned a Government who, despite not having a majority, had said that they were going to deliver that referendum result, and we then went through two and a half years of wrecking procedures in the House of Commons. I know, Sir Edward, that you will more than remember what happened over that period.
Alec Shelbrooke
The point I am making, drawing on the comments that have been made, is about faith in the electoral system, and this clause creates those levels of faith. It is all very well trying denial and complacency about where we are today, but we have to accept that we now have a mass media system in the world that makes it very easy for conspiracy theories to grow and be built very quickly. We must be in a position to ensure that our elections are deemed to be as safe and secure as possible.
I was disappointed on Second Reading that, when I intervened and asked Members about the recommendations of the Organisation for Security and Co-operation in Europe, those recommendations were pretty much dismissed out of hand. It was argued that they did not apply in this country, but the OSCE has made it clear in its reports that the security of our elections cannot be guaranteed without voter ID, and that is a very important point.
Those who have done election monitoring will know that many countries in the G20, let alone the G7, ask for voter ID, and I fear that we are in a period of history where democracy—which is a precious thing, and must always be developed and worked on—is under threat from those who refuse to accept election results. I am basing those comments more on what has happened in the United States than what has happened in this country, but what happened there is pervasive because of mass media. This Bill is trying to ensure that the perception of the security of elections, which is a very important thing, is clear in people’s minds.
From the very beginning, there has been entrenched opposition to the idea of voter ID. The hon. Member for Lancaster and Fleetwood—who I have a great deal of respect for, as she knows, and I enjoy serving on these Committees with her—talked about cuts to local government funding, but my council, Leeds City Council, is spending £10 million on the European city of culture campaign. The council bid for it before the referendum, then we left, so it is not getting the money and it is spending £10 million on it. It cannot say that it is being starved of funds when it is spending £10 million on something that is pretty irrelevant and certainly creates some lively debate in my home city.
When we come to debate the voting age—I know that we are not discussing that now—there will be some very important points to make about how the UN defines who is a child by saying that anybody under the age of 18 cannot fight on the frontline. Again, it appears that we are dismissing international bodies to suit the argument that is being made on the day.
I end my remarks by simply saying that this clause is a very important part of the Bill, ensuring that people have faith in our electoral system and that we do not allow a growth in voter fraud. We heard in evidence that bringing cases of voter fraud to court involves meeting an exceptionally high bar and that the financial constraints mean that people are not willing to bring those cases forward, so we cannot close our eyes and say that voter fraud is not happening because it is not getting to the courtroom. The proposals in the Bill go a long way to making people feel that when they cast their ballot, they have an equal say in those ballots, compared with people who may want to act criminally.
Brendan O’Hara
I always suspected throughout the passage of the Bill, whether on Second Reading or in our evidence sessions, that there was absolutely no evidence that voter ID cards would address an identified problem. In the evidence that we heard in four sessions over two days, not even the Government’s star witness said that personation was a sufficiently big issue to make voter ID cards essential to tackling it. Overwhelmingly, every single person who spoke to us about the subject said that the issue that needs addressing is postal vote fraud.
Paul Bristow
Perhaps the hon. Gentleman was not paying attention to Councillor Peter Golds during the evidence session, who turned around and said on a number of occasions that personation was a relevant thing in Tower Hamlets. Was the hon. Gentleman asleep during that evidence?
Brendan O’Hara
I assure the hon. Gentleman that I was not asleep; perhaps he should temper his language somewhat. I suggest he reads Councillor Golds’s evidence, which I will come to in a moment. He talked in such great detail about postal vote fraud: it was the biggest issue in Councillor Golds’s extremely detailed and voluminous file. In fact, he was reduced to anecdotal evidence about personation and a gentleman with large feet and red shoes. That is the nub of where he was. Every person and even the Government’s star witness, as I would class Councillor Golds, was unable to give any evidence that personation at polling stations was a major problem.
Aaron Bell
The hon. Gentleman dealt with Peter Golds there, but what about the case in Peterborough? Surely the requirement to introduce CCTV that Gillian Beasley told us about says it is not an anecdotal problem. It is a real problem. That step has had to be taken in Peterborough for deterrence. The Bill enables deterrence without the expense of CCTV.
Brendan O’Hara
Again, I will not use the language that the hon. Member for Peterborough used, but read the evidence. Gillian Beasley said that
“we have seen less personation”—[Official Report, Elections Public Bill Committee, 15 September 2021; c. 21, Q23.]
in recent years; she followed that up by saying that postal voting is her concern. The Government are looking in the wrong place and they know that. They are doing it for reasons about which one can only speculate.
Jerome Mayhew
There is one clause in the Bill on voter ID and there are five clauses on postal votes, so it is not right to say that the Government are looking at the wrong place. The Government are addressing all the issues with our voting system.
Brendan O’Hara
Again, it came out from the evidence session that postal vote fraud is the major issue and that is what is concerning the vast majority—if not all—of our witnesses.
Jerome Mayhew
I am grateful for the second opportunity to address this. We heard from Mr Mawrey QC, who is also an election judge. In his judgment in the Birmingham cases, which I referred to during the evidence session, he said that
“there is likely to be no evidence of fraud if you do not look for it.”
The whole point is that we need to look for it.
Brendan O’Hara
With all due respect to the hon. Gentleman, if a Government ignore the problem in front of their nose and then run about trying to find evidence of a problem when there is no evidence that that problem exists, I suggest they are wasting their time. The problem to be addressed is around postal voting. Richard Mawrey said that Birmingham, Slough and Woking were all cases that involved postal vote fraud; voter ID was “neither here nor there.”
Chris Clarkson
The hon. Gentleman says that the Government are wasting their time looking for something of which there is no evidence, but he also says that it is a waste of time to look for evidence of it. Would he clarify his position?
Brendan O’Hara
I absolutely will. My position is that there is no evidence whatsoever. Policy must be made on the basis of evidence. We have a limited time in this House in which to act and legislate. It is a waste of that precious time, I believe, for a Government to run around looking to create a problem to find a solution for. We should address the problems that we know exist, and those problems that have to be attacked.
Even Lord Pickles, in his evidence, said:
“I did not recommend photo ID”. ––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 16, Q13.]
He also said that fraud
“is not endemic within the system”,––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 8, Q5.]
However, somehow, Lord Pickles has now embraced this voter ID card with the zeal of a convert. It is further evidence of a Government with a solution looking for a problem.
Councillor Golds gave chapter and verse on the problems of postal voting in Tower Hamlets, and he was extremely convincing. Fair play to Peter Golds and the people who he has been working with—they have identified a serious problem—but to try to segue that into pretending that ID cards at polling stations will somehow solve what we saw at Tower Hamlets is frankly nonsense. It is not there.
Brendan O’Hara
I will in a moment. Ailsa Irvine, of the Electoral Commission, admitted that
“we are starting from a high base of public confidence.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 46, Q64.]
There is confidence in this system—that the system works and is sufficiently robust.
Brendan O’Hara
I will in a moment. There is nothing perfect. There is no way on earth that we can stop every sort of crime, but this Government and this Committee should concentrate on identified problems, rather than seeking to find problems and then provide a solution as they see fit. Now, there were two hon. Gentlemen bobbing.
Tom Randall
Just briefly, on Councillor Golds’ evidence, he did make reference to the Jehovah’s Witnesses who had been marked as having voted on the register in the polling station when, of course, they would not have done. I appreciate that it was anecdotal evidence, but does that not go to the heart of how difficult it for someone to realise that they are a victim of electoral fraud? If a non-voter was a victim of personation, they would not go to look for it.
Brendan O’Hara
Nobody on this side of the room is saying that electoral fraud should not be punished. It absolutely should be punished. It should not be tolerated and should never be tolerated. Any victim of it deserves justice. However, that must be evidence-led and proportionate. This is neither.
Peter Gibson
I am incredibly grateful to the hon. Gentleman for giving way. I wish to provide clarity, in respect of the report by Lord Pickles. I have a copy in front of me. Recommendation No. 8 states:
“The Government should consider the options for electors to have to produce personal identification before voting at polling stations. There is no need to be over elaborate; measures should enhance public confidence and be proportional. A driving licence, passport or utility bills would not seem unreasonable to establish identity. The Government may wish to pilot different methods. But the present system is unsatisfactory; perfection must not get in the way of a practical solution.”
Brendan O’Hara
The hon. Gentleman is making my point for me. He did not recommend ID cards. He did not. If he mentioned taking a utility bill, he is not talking about registering for and receiving a voter ID card. As he said, he did not recommend it. In the first bit of evidence, Lord Pickles says he did not recommend voter ID cards.
Alec Shelbrooke
The hon. Gentleman has made the point, quite rightly, that there is electoral law in place that can be used to prosecute fraud, but we heard in evidence that there is a very high bar for people, not least financially. Prevention is better than prosecution. Preventing electoral fraud from happening in the first place is surely better than trying to prove it has happened and prosecuting.
Brendan O’Hara
At the risk of repeating myself, nobody is saying that we should not root out electoral fraud and that it should not be punished to the full extent of the law, but this Bill, and particularly voter ID cards, will not solve it. If there were a Bill in front of us that said, “We will beef up the Electoral Commission. We will give the police more powers of prosecution. We will allow greater transparency in how we find and prosecute people who are cheating the system,” it would have unanimous support, but the Government are trying to pretend that the introduction of voter ID cards will stop this, and that is simply not the case.
Fleur Anderson (Putney) (Lab)
Does the hon. Gentleman agree that there are different types of prevention of electoral fraud? One was outlined in the evidence from Peterborough. The witnesses said they could put up CCTV cameras, which would cost them nothing because they would borrow them from the police. That is a much more proportionate measure to prevent fraud, and there would not be the risk that it would stop people and put up a barrier to voting.
Brendan O’Hara
I could not agree more. We do not support ID cards, but that does not mean we are turning a blind eye to electoral fraud. There are proportionate ways of preventing it. This is not even a way of stopping it. We are not even saying that this is the wrong way to stop electoral fraud; this is nothing. This will achieve virtually nothing.
Cat Smith
The hon. Gentleman is drawing on the evidence of Lord Pickles, who did not say that photo ID cards should be required to prove identity; he also included utility bills. The forms of ID listed in this Bill are very limited. When international examples are given of where ID cards are shown, they are often from countries that have a national ID card, so does the hon. Gentleman share my concern that this may be a back-door way of bringing in an ID card, which I am sure many Government Members would wring their hands at? The Prime Minister himself said that he would eat it if he was ever asked for it. Should the Government not be a bit more up front about their real reasons?
Brendan O’Hara
There is an argument to be had about what the hon. Lady says about the introduction of ID cards. Perhaps the plan is to introduce ID cards via the back door.
The right hon. Member for Elmet and Rothwell spoke about the OSCE report. As I said on Second Reading, if we were inventing an entirely new system from scratch—if democracy was invented tomorrow in the UK—there would be an argument to be had and we could bat back and forth whether to do it, but to impose ID cards on to the system that we have at this stage, with all the democratic history that we have, smacks of something other than what we are being told it is for.
The politics of this is interesting. Rob Connelly, the returning officer from Birmingham, got to the nub of the political argument we are hearing when he said:
“I asked a senior politician…what evidence he had of personation, and his response was, ‘I haven’t actually got any, but I just know it goes on.’”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 55, Q82.]
That sums up the argument that we heard on Second Reading and in Committee this morning. There is no evidence—it is a hunch—and policy cannot be made without evidence. There is no evidence of this. Politicians believe it happens, and therefore we must go and do something about it. We gather the experts—the great and the good—and they tell us that it is minimal and inconsequential: it is neither here nor there. However, the Government decide to plough on regardless of the evidence.
Gavin Millar supported Rob Connolly when he said:
“It is not a problem of any great consequence in our system.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 108, Q165.]
He explained that it is actually the most inefficient way to indulge in electoral fraud. The risks are enormous, the chances of detection are much greater and it is such a tiny margin that it will make no difference. The Government are looking in the wrong place, and they are pursuing it on a hunch. He was right to say that the Government should focus on registration instead of voter ID cards.
Cat Smith
The hon. Gentleman is making a point about following the evidence, but should the Government not also follow what is going on in the courts? Is he aware of the case in Braintree, where there was a voter ID trial, of Neil Coughlan, who had no voter ID? The Supreme Court is due to hear that case next year. The Committee might end up legislating on the matter before hearing what could be quite a useful verdict from the courts about the way in which the policy disenfranchises voters.
Brendan O’Hara
I thank the hon. Lady for making that point. I was unaware of that case, but it does seem to suggest that we are getting ahead of ourselves somewhat.
Moving on, what is the point of an evidence session if we are going to ignore the evidence? I refer the Conservative members of the Committee to the words of Baroness Davidson on voter ID—perhaps the only time her words were wise. I will not repeat what I said on Second Reading; it is there for all to see if they wish to go back and find it. Suffice to say, Baroness Davidson was correct in her assessment of voter ID cards in May, and she is correct today.
Alec Shelbrooke
The hon. Gentleman seems to have a slight contradiction in his opinion. He said that there was minimal voter fraud and that we should take no notice of it. He has picked on one Conservative politician out of hundreds and used that as an argument.
Brendan O’Hara
I rise slowly to my feet, because I have no idea what the right hon. Gentleman is talking about. I will sit down as slowly as I rose if he wants to make that point again.
Alec Shelbrooke
I am merely making the point that to dismiss one argument because there are not lots of people coming forward with an allegation, to then pick on one person out of hundreds of Conservatives and say, “Therefore, this is why we should not do it,” seems slightly at odds with the balance of the argument.
Brendan O’Hara
Absolutely not. The idea that I would take any political lead from an unelected baroness is utter nonsense. I simply used her as an illustration of the deep divisions in the Conservative party.
Cat Smith
In the intervention the hon. Gentleman took, he was accused of using as evidence one Conservative politician. Have the Conservative members of the Committee not just taken the example of one Labour constituency party in Tower Hamlets, when there are 650 constituencies?
Brendan O’Hara
A good point well made. What was striking about the evidence session was that Conservative Members were reduced to asking the witnesses leading questions. If it had been a court, the judge would have slapped them down almost immediately. It was reduced to, “Motherhood and apple pie is good. Do you agree?” and “Yes, we do.” It was nonsense. The evidence session showed that voter ID cards are a priority for nobody but this Government.
Almost all the witnesses referred to the need to tighten up postal votes. That was summed up by Gavin Millar, who said that is
“hugely inefficient compared with other forms of fraud that have been perpetrated, particularly since postal voting on demand”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 108, Q165.]
The Government are looking in the wrong place. There is no evidence that personation is widespread; that is based purely on anecdote. I went into the evidence sessions believing that the measure was a solution seeking a problem; I came out of them absolutely convinced of it. We will support the Labour party when the Committee divides.
The Chair
Before I call the next speaker, it is not in order to be tediously repetitious. The debate is proceeding extremely slowly. On the lack of evidence and on other points, if I have heard it once, I have heard 100 times. Try to keep speeches to the point and pertinent to clause 1. I call Aaron Bell.
Aaron Bell
I will endeavour to follow your strictures, Sir Edward. It is a pleasure to serve under your chairmanship and to follow the hon. Member for Argyll and Bute. It is also a pleasure to welcome new Committee members, not least the Minister in her new role.
The hon. Member for Argyll and Bute said that the Bill is a solution in search of a problem and that we are looking in the wrong place. The Government are looking everywhere; that is what the Bill is doing. We are looking not only at the issues that he raised about postal voting fraud, but everywhere, including in areas where we know that, because personation is, by definition, a covert activity, the problem is far greater than we can possible expect to see from the numbers reported.
Indeed, as Richard Mawrey said in evidence, the cases that he has tried are undoubtedly the “tip of the iceberg”. That is why the clause is so important. We all strive to get more people to participate, and we all go out and knock on doors to encourage people who have never voted before to vote—ideally, for us—but although participation is important, integrity and confidence are absolutely paramount as well. The constant fearmongering about participation is in marked contrast to the denial of the existing issue of people’s confidence.
I will briefly address the point about America. I know the Bill is not about America, but since it was mentioned by the hon. Member for Lancaster and Fleetwood, I draw the Committee’s attention to a May 2021 academic paper by Cantoni and Pons, published in the Quarterly Journal of Economics. I will not elaborate too much, but the title is, “Strict Id Laws Don’t Stop Voters”. They analysed different laws introduced in US different states, and found that
“the laws have no negative effect on registration or turnout, overall or for any group defined by race, gender, age, or party affiliation.”
I completely endorse what my right hon. Friend the Member for Elmet and Rothwell said about Trump: acceptance of the result is a completely different issue from the security of the ballot. However, trying to make out that we are following some American Trump-style approach misses the point and completely misleads the public about what we are proposing. We are proposing a proportionate measure to safeguard the system and address the vulnerability that the Electoral Commission itself has identified. Ailsa Irvine said that “there is a vulnerability” in the system—that is what is being identified.
We have talked about how personation is a covert activity, and that is what the clause is for. In the light of the evidence from Tower Hamlets, from Peterborough and from around the country, it should not come to the point of having to install CCTV, and, as my hon. Friend the Member for Gedling said, brave individuals should not have to put their own money on the line, and not get it back, to deal with such cases.
On the pilot data, which was mentioned, the estimate by the Electoral Reform Society, which we should acknowledge is a political lobbying group, were exaggerated and inaccurate. The data from returning officers across all five participating local authorities showed that 340 electors were asked to return with the correct identification and did not subsequently return. Not all 340 people may have been legitimate electors, as my hon. Friend the Member for Heywood and Middleton pointed out, but the 340 figure represents 0.16% of the votes cast, and the experience in Northern Ireland shows that that will fall as people get used to the system.
We cannot argue, as the Opposition have, that because we have big majorities in this place we do not need voter ID, and then say that voter participation is so crucial that one person’s vote makes a difference. What matters is the overall integrity of the system, and the way to deliver that is everywhere: in the postal vote system, in the proxy vote system and on polling day.
Tom Randall
May I also welcome the Minister to her place. Given that time is short, I shall be brief and make four further points, two of which relate to the evidence.
I would like to recommend some additional reading to the Committee, if they have not read it, which is a report prepared for the Electoral Commission in January 2015 entitled “Understanding electoral fraud vulnerability in Pakistani and Bangladeshi origin communities in England: A view of local political activists”. The report was prepared by Maria Sobolewska, Eleanor Hill and Magda Borkowska of the University of Manchester and Stuart Wilks-Heeg of the University of Liverpool. Neither of those universities nor the Electoral Commission could be accused of being Tory shills.
The authors make some interesting points going into the detail of this problem, including on the question of personation that has been raised a number of times today. They spoke to witnesses and acknowledge that the risk of personation was thought to be significant, with vulnerabilities identified, given the habit that people have of asking others to cast a vote on their behalf and the complex naming systems used in those communities.
The report acknowledges that there must be a trade-off between accessibility to the electoral system and electoral integrity. That notwithstanding, one of a series of recommendations in the report is that some form of voter identification should be introduced. I do recommend that as additional reading.
To return to the point raised at the beginning by the hon. Member for Lancaster and Fleetwood, I agree with her when she talks about being proud of our electoral system and its integrity. The Victorians gave us the secret ballot. While the idea that as a Briton I can walk into a polling station, simply proclaim who I am and then be given my vote—which is my right—is something that I approve of, it perhaps speaks to the system that the hon. Lady would like to exist rather than the system that actually exists.
Cat Smith
I thank the hon. Gentleman for giving way, because he is talking about rights and I think we both agree that there is something fundamental about that. We are both proud of our British democracy and we are both proud of that right that citizens have to cast a secret ballot, brought to us by the Victorians. On the issue of rights, the Government ran pilots on the voter ID trials, and the Equality and Human Rights Commission warned that if voters became disenfranchised as a result of particularly restrictive requirements, it could violate article 1 of protocol No. 1 to the European convention on human rights, which was incorporated into domestic law in the Human Rights Act 1998.
Given the representations to the Committee, particularly the evidence from Gavin Millar, who said that there would inevitably be challenges to voter ID as incompatible with the European convention on human rights if the Bill was introduced as it currently stands, does the hon. Gentleman share my concern that, proud as we are of our British democracy and human rights, there is a potential threat here that the Government should be taking more seriously, so they should be looking into expanding the list of relevant ID?
Tom Randall
That relates to the fourth point that I had planned to make. The hon. Lady also made remarks about these measures being Trumpian in nature, looking to voter suppression in the United States. However, she voted remain, and I know that our colleagues in the Scottish National party want Scotland to be an independent country at the heart of Europe. There are countries like Germany, the Netherlands, France and Italy that do require voter ID at polling stations. I am uncertain—
Tom Randall
If I might just finish this point. I am uncertain as to how a measure that is commonplace on the continent will be a violation of the European convention on human rights. I suggest that, as good Europeans, we should support this measure.
Cat Smith
I am glad that the hon. Gentleman has moved on to the point about European comparisons because the countries that he referred to have national ID cards that are given out free by the state, and people are used to presenting them to access all kinds of things. In this country we do not have ID cards, we are not asked to produce ID cards, and I am pleased that that is the case. That is part of what makes us British. Does he not agree with me that the voter ID law threatens that proud British tradition? On the examples that he gives of states with ID cards, is that a potential back-door way of bringing in ID cards, and would he support that?
Tom Randall
An electoral card will be issued free of charge. I am sure that between the passage of this legislation and the introduction of that scheme there will be a lot of publicity surrounding it, to make sure that the new system that is to be introduced will be well understood. The Government are used to widespread publicity schemes. I see the point that the hon. Lady makes, but I am sure that can be addressed in the fullness of time.
The point was made that no significant election has been swung or affected by electoral fraud. I gently suggest that the London Borough of Tower Hamlets, a London authority only 18 minutes from here on the tube, which has a directly elected Mayor and a multi- million-pound budget, is not insignificant when it comes to elections—it is very significant.
For my final point, I declare an interest as a former chairman of Poplar and Limehouse Conservative Association. I know Councillor Golds personally. I speak to him as a friend as well as a witness to this Committee, and he made a point to me in writing afterwards. I will read the email from him, which stated:
“When we were preparing the grounds for the petition we investigated personation. We were a small, cross party group acting voluntarily and at our own expense. I was doing most of the legal digging and the amount of time required to prove personation would have been enormous. We had evidence via marked registers but quickly found canvassing and potentially obtaining statements would have been incredibly time consuming. People who are disengaged from politics and voting are unlikely to wish to make statements for submission to a court of law. We did refer to some of the worst cases in various statements but personation…was not one of the nine grounds that we concentrated on.”
Tower Hamlets has come up a lot in this debate so far. The absence of personation as the main ground in that case should not be interpreted as meaning that there was no personation in that election. The point is that investigating it is incredibly difficult. The fact that it was volunteers working on it, who stumped up their own money, which they have not got back, is perhaps one reason why that ground in that claim was not gone into in such detail.
Brendan O’Hara
Does not the hon. Gentleman think that it would have been helpful in his lengthy evidence session if Peter Golds had actually said that to the Committee, rather than saying it as an afterthought in a private letter? That is surely the whole point of holding an evidence session.
Tom Randall
I wish Councillor Golds had had a whole evidence session to himself, but unfortunately he had to share one and we had to listen to other witnesses, which I shall not go into now, but I think that was an unfortunate timetabling measure.
There is a fundamental weakness in the system as it stands. For that reason I will support this part of the Bill.
Patrick Grady
It is always a pleasure to serve under your chairmanship, Sir Edward. I echo the welcomes to the Minister and Members who have joined the Committee.
The phrase “voter ID is a solution in search of a problem” has been heard several times since the start of the Second Reading debate. That is a quote that my hon. Friend the Member for Argyll and Bute did not want to explicitly attribute to Baroness Davidson, who was once the coming thing in the Tory party. She was going to be the leader or a Minister. She was going to save them all and save the Union. Now that those future leaders of the Conservative party, the 2019 red-wallers, are here arrayed in front of us, demonstrating to the Whips, the Minister and everyone else their value, I am sure they will not be overlooked quite as much in the next reshuffle.
The previous Minister on the Committee made the pertinent point that we must be careful about the use of the word “disenfranchisement”. To disenfranchise someone is to actively take their vote away; where once they were previously eligible to vote, they are now no longer eligible. They made the point that we must be very careful about casually suggesting that voter suppression, which I will get on to later, is the same as disenfranchisement—which is fair enough. However, that also means that we must be quite careful when we use other terms—terms such as “voter fraud”, which has been bandied about on the other side of the House in reference to a whole range of electoral malpractices, some of which we heard about in the evidence sessions. In fact, voter fraud specifically refers to personation and the casting of the ballot.
As has been quoted back several times from the Committee session with Richard Mawrey:
“In Tower Hamlets, as I said, they virtually ticked every box of electoral offence. But for my being rather kind-hearted, they would have ticked the intimidation box as well—they ticked them all. Voter fraud played a very small part, funnily enough,”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 14, Q13.]
That is the point about personation. It is a point that has been made repeatedly by hon. Members from Opposition parties, and that has not been challenged or proven false by Conservative Members. My hon. Friend the Member for Argyll and Bute quoted another witness as saying that personation was an incredibly inefficient way of swinging an election and making oneself the victor. It carries with it an extremely high risk; someone only needs to do it once to be tapped on the shoulder and kicked out of the election campaign and into jail.
Chris Clarkson
Would the hon. Gentleman agree with me that, technical merits of personation aside, any one instance of personation is a negative input into our democratic process? Anybody stealing a vote, misusing a vote or representing themselves as somebody else should be a cause for concern.
Patrick Grady
Absolutely. However, we have repeatedly heard, throughout all the evidence sessions and debates, that when personation has been identified it has been called out and punished, the perpetrators have been brought to justice and, if necessary, candidates have been disqualified and election results overturned. What would swing elections is disincentivising turnout—making it more difficult for marginalised voters to turn out, particularly in marginal constituencies, and putting up barriers to electoral participation. That is exactly what voter identification will do. There have been disputes about how many people do or do not have adequate voter ID, as required under the terms of the Bill, but even the most conservative figure—with a small c and capital C—is that there are at least 2 million people across the United Kingdom without adequate voter ID. At an average, I think that works out at around 3,000 per constituency. There are plenty of us Members sitting on majorities of considerably less than that. It is clear to see the difference that could be made if suddenly those people were unable to cast their votes.
The Minister said right at the start that everybody who wants to vote will have the opportunity to do so. That is just a simple statement of fact. That is the case now; everybody who is currently eligible and wants to vote has the opportunity to do so when an election comes around. What will happen with this Bill is that barriers will be put in their way. What if someone turns up at quarter to 10, on a wet Thursday night, and it turns out they have left their voter ID at home? What if their passport has expired—will that be valid? What if they have recently got married and their surname has changed—what happens in that situation? There are all kinds of barriers that have nothing to do with anyone’s background or minority status.
Cat Smith
I was about to raise the issue of women who marry and need to change their surname on IDs and other documents. However, the hon. Gentleman has triggered in my mind another thought. Kate Robson, who works for me, left the purse containing all her ID documents on the bus. If that had happened on polling day, she would not have applied for the free voter ID as she had a driving licence in her purse—but that purse had been left on the bus. As it happened, all ended well and she was reunited with that document, but it shows that it is not just those who do not have photo ID who would be disenfranchised; so too would those of us who mislay documents. I am sure that all of us in this room are very organised, but people who mislay documents do exist, and they might only remember that it is polling day on their way home from the gym at 9 o’clock, when they will not have time to go back for their ID. A greater number of people will be disenfranchised than just that percentage who do not have ID.
Patrick Grady
Absolutely. It will put up barriers and make that democratic participation more difficult and more challenging.
Tom Randall
On a small point of clarification, under proposed new paragraph (1H), “specified documents” include documents
“regardless of any expiry date”,
so the expired passport would be valid.
Patrick Grady
That is incredibly helpful. People across the country with expired passports will be breathing a sigh of relief, unlike the people across the country who, for whatever reason, do not have passports or who, for all kinds of reasons, find it difficult to make that approach.
We have heard about the pressure that there will be on electoral administrators to deal with the inevitable surge in applications. We have heard about some of the accessibility challenges that will be faced by people with different kinds of impairments when applying for photo documentation. There are all those kinds of barriers. Nobody is questioning the agency or ability of minority communities to apply for voter identification; the point is that many people are already disproportionately without existing forms of voter identification and so are already disincentivised from taking part in the democratic system.
Cat Smith
I thank the hon. Gentleman for being so generous with his time. I feel moved to mention that my grandfather, who sadly is no longer with us, did not have any form of photo ID because he was illiterate. The idea of having to approach the local council and fill in a form in order to get an ID document—he just would have stopped voting. There is a group of electors that we have not talked about so far, either in evidence or in Committee this morning—those constituents that we represent who would be filled with dread by the idea of approaching the council and being asked to fill in a form. They will do that only if it is absolutely essential to their survival. The reality is that my grandad would not have applied for a voter ID card because he would have been too embarrassed to go to the council and confess that he was illiterate.
Patrick Grady
The hon. Member is absolutely right. Precisely those concerns have been raised by Age UK, which quotes the Cabinet Office’s own research as showing that
“2% of people aged over 70, equivalent to 180,000 older people in Great Britain, do not hold any of the forms of identification that the Bill proposes would be accepted when voting…Having to present photographic identification at the polling station would ‘make voting difficult’ for 6% of people over 70, or around half a million people living in Great Britain…4% of people aged over 70…less likely to vote…These figures are likely to be underestimated as the Cabinet Office’s funded research did not include a representative sample of older people in Great Britain.”
A whole range of minority and segregated groups in society will be affected by this.
Chris Clarkson
Just to expand on that point, would the hon. Gentleman say that having to present a vaccine passport in order to use goods and services, for example, would present a barrier to people engaging in the economy?
The Chair
Order. We are not discussing vaccine passports. Let us remain focused on the Bill.
Patrick Grady
Thank you, Sir Edward. I think there is a slight difference between someone voluntarily taking part in different parts of the economy and someone exercising their fundamental right to vote. The Prime Minister himself has not ruled out vaccination certification, so we will wait to hear what those on the Government side of the House have to say about that a couple of weeks down the line.
The point that the hon. Member for Heywood and Middleton touched on there is the divergence across these islands. He is perfectly entitled to make that point. It is interesting, because in the devolved areas, rather than making it more difficult for people to vote, we have been making it easier to vote and more proportionate. We will get on to more of this later in the Bill, but in Scotland the franchise has been extended to 16 and 17-year-olds, to all EU nationals with settled status and to refugees, and nobody is being asked to turn up with voter identification in the devolved areas. We will have people on increasingly different franchises—[Interruption.] I am glad this is of such interest to Government Members, because they are supposed to be defenders of the Union, and they want to keep this glorious country, as they see it, together and keep us in a United Kingdom. Actually, what they are doing is increasing divergence and showing that Scotland and Wales can adopt a far more liberal, all-encompassing and participative approach to democracy. Here it is being made more difficult and increasingly narrow. That is a challenge for people who want to protect the Union.
Brendan O’Hara
Scotland extended the franchise to the groups that my hon. Friend mentioned, but one that he did not mention was people in prison with 12 months or less to go on their sentence. Would I be correct in saying that, by extending the franchise, Scotland achieved its higher ever turnout at the elections in May and ensured that people have faith? It is not just about creating rules; it is about creating faith in the system. The Government do not have to go down this draconian ID card route to create faith in the system; they just need people to believe that what they elect is what they get, and Scotland is doing that.
Patrick Grady
My hon. Friend is absolutely right. Compare that to the “Oh no, here we go again” response to the sequence of snap elections and uncalled for and unprepared for ballots that have happened in the UK in recent years, because of the utter chaos and incompetence shown by the Conservatives.
My hon. Friend brings me on to my next point, which the Labour spokesperson touched on. We as elected politicians are not impassive observers, as perhaps parliamentarians can be on other aspects of legislation, where we can take an objective view. All of us have an active interest in who elects us and how we get elected. I join the hon. Member for Lancaster and Fleetwood in paying tribute to election administration staff in councils up and down the country—later in the Bill we will talk about the role of the Electoral Commission and who gets to mark our own homework. If it has been tough south of the border, it has been even more so north of the border, where there has been another referendum, local elections and the devolved Parliament elections, on top of all the UK-wide ballots and plebiscites that have had to be administered.
I also pay tribute to our party activists and volunteers, as I am sure everybody in this room will—perhaps we can get one point of consensus. They are in many ways the backbone of the electoral process and political engagement of this country. They are the people who stand outside the polling stations in the pouring rain and the blazing sun—sometimes in Scotland that can be within the same 10 or 15 minutes. We can have all four seasons in one day or even just a couple of hours—that is certainly true of the last couple of elections we have had. These people play an incredibly important role. If there was widespread personation, with people turning up in dodgy rain jackets, funny moustaches and thick eyeglasses to repeatedly impersonate other voters, it would kind of be noticed. That is the point of having the system we do.
We have polling agents, counting agents and voluntary observers. That is a hugely important part of trust in the system. It happens at counts as well, when we watch how the ballot papers come out and how they are sorted and so on. We have heard examples of electoral malpractice and intimidation outside polling stations. Exactly: we know about it because it has been witnessed and reported. It has been covered on the news, because it makes for a bit of drama if people are shouting at each other outside a polling station—the cameras like to go and see that. It should not happen, and that is why people have been punished for it.
Cat Smith
Another thing that has been observed outside polling stations in recent elections is really long queues of people turning up just before 10 pm. They are allowed to vote if they are in the queue before 10 pm. If people also have to show ID and have it verified by the polling card, what does the hon. Gentleman think that could do to the queues outside polling stations? How does he think that might incentivise people to actually turn out and vote?
Patrick Grady
There is a bit of a challenge. People do get put off by long queues. Under social distancing in Scotland, the queues were even longer and it was taking even longer to vote. I commend people who are prepared to wait, but imagine the frustration of someone who has waited all that time in a queue and then finds out that they do not have a valid ID, or they thought it was in their pocket, but it turns out it was not, and there is no provision to even cast a provisional ballot, which we may get on to later.
The system that exists just now, pre this Bill, is the system that got us elected. There is a real danger that what is going on here is undermining the confidence in that system. If confidence in the system is undermined, people will simply not turn out at all, irrespective of whether they have a voter identification. They will sit on their hands and say, “You’re all the same—a plague on all your houses! My vote doesn’t make a difference,” and they will not turn out at all.
Fleur Anderson
I agree with the hon. Gentleman’s concern that this is a disproportionate Bill and that it will stop people turning out—they will just sit on their hands. We will not know whether they have gone or not. From the research we have on the pilots, there was an indication of a real disparity between different areas, age groups and other groups in terms of the inclination, or disinclination, even to go and vote. For example, in Woking nearly all electors said it would be easy to access ID and they would trundle down with it easily, but in Pendle only seven in 10 people said it would be easy to access. For non-voters, only 88% of people said they would find it easy; for those who vote, it is 95%. That is a real disparity. White electors were more likely than BME electors to think it would be easy to find identification for future elections, by 92% to 87%—another huge disparity. Younger electors, too, were less likely to say they would find it easy to access identification for future elections: 84% for 18 to 34-year-olds, compared with 93% for 35 to 54-year-olds. As a mum of adult children who should be allowed to vote but often cannot find their ID, I agree with the differences there are between different parts of the electorate.
Patrick Grady
The hon. Lady is absolutely right, and it is interesting that we have not heard more about the detail of those pilots from the Government. They were their own pilots—it was the Government who ran them. They seem happy to pick up evidence of electoral malpractice in any areas that cause them concern, but less interested in picking up the outcomes from the pilots that they themselves commissioned.
As the hon. Lady mentioned some of the disparities in terms of voting ID, I will pay tribute to Maurice Mcleod, who gave very impressive evidence to the Committee under the most sustained and pressured questioning of any of the witnesses we heard from. He said, and he was quoting the Government’s own data, that
“while 76% of white people hold a form of relevant photo ID, such as a driver’s license or a passport, when it comes to black people, about half do: 47% do not hold one of those forms of ID.”––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 89, Q134.]
The statistics the hon. Lady quotes from the pilots appear to be borne out by other evidence we have heard.
Jerome Mayhew
I am grateful to the hon. Gentleman for giving way. He may recall that I questioned the witness on that, and he agreed that the evidence from 8,500 respondents to the IFF review was that, in fact, 98% of the population in general have relevant ID, and that when it came to BAME respondents, it rose to 99%. He also agreed with me that on that basis he was somewhat reassured.
Patrick Grady
There we go: that is the benefit of having these evidence sessions, and we should thank, congratulate and treat with respect all the witnesses we heard. I echo the points of order that were made earlier on: I hope we get to have more evidence sessions when it becomes appropriate, so we can hear about the extension to the Bill’s remit that the Government have made.
Brendan O’Hara
Looking back at the evidence given by Maurice Mcleod, it got to the point that the Government are aiming at the wrong target with this Bill. Does my hon. Friend not agree with Maurice Mcleod and, indeed, Gavin Millar, who both said the Government should prioritise a registration drive, increasing participation and opening up? As Maurice Mcleod said:
“I do not really understand why you are not automatically registered. I remember turning 18; you get your national insurance number because going out to work and paying your…tax”.––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 88, Q133.]
However, people are not automatically registered. Does my hon. Friend not think this Bill should look at automatic registration rather than seeking to disenfranchise people?
Patrick Grady
Yes. I hope as the Committee progresses we will be able to look at precisely that issue. That brings me quite neatly on to what I hope will be my final point of concern: what is really needed is a massive voter education drive. We need a new wave of civic engagement, helping people to understand the critical role they play in democracy and decision making in this country. As the right hon. Member for Elmet and Rothwell said, irrespective of our views on a matter, we as politicians should be able to express those views, and try to convince the voters and win as many of them over to our side of the argument as possible. That is what is vastly needed, and that need for civic education and massive voter registration drives in order to encourage as many people as possible to take part came out in quite a lot of the evidence, as well. That requires us to live up to our promises, not make false promises and pretend that things are going to happen.
The Chair
I am sure that the next speaker will want to give a short speech based on the principle of voter ID.
Paul Bristow
I will keep my remarks brief. I just want to take hon. Members on a bit of a journey to Peterborough.
Paul Bristow
No, no—a very brief one. Hon. Members have doubted the evidence of voter fraud and personation, as a very small thing, but I encourage them to look at some of the evidence we have from Peterborough. When walking down busy streets in Peterborough, we often see large crowds gathering, with people chanting, singing and handing out various leaflets. That is not on a Saturday when we are watching Peterborough United; that is on a Thursday afternoon, when people are marching towards the polling station. We have had evidence that a number of councillors and activists in Peterborough who have gone to prison as a result of voter fraud are now acting as tellers and counting agents, participating in the democratic process.
A lot of people have talked about the advantages of the CCTV that was offered by the chief executive of Peterborough City Council. I ask hon. Members who have said that this was a good thing why they feel it was necessary for Peterborough City Council to install CCTV at polling stations. It was there in order to combat personation.
Brendan O’Hara
Does the hon. Gentleman not believe that Peterborough council has the right to implement a bespoke solution for what it may or may not perceive to be a particular problem, but that having a blanket ID card from Truro to Thurso and beyond is completely and utterly disproportionate? If Peterborough council wants to introduce CCTV, then let it. I imagine that Argyll and Bute Council has no intention of introducing CCTV or anything else, because we believe our democracy is quite robust.
Paul Bristow
The people of Argyll and Bute probably have great satisfaction with, and faith in, their electoral processes, down to the quality of their Member of Parliament. I am sad to say that in Peterborough, people perhaps do not have that faith, so CCTV is there in order to give people faith in the security and integrity of the ballot. That is the point I am trying to make, because I think that rather than suppress democracy, voter ID cards give people greater confidence in the electoral process and the idea that their vote will count. We hear that not just in Peterborough, but in Tower Hamlets, Oldham, Birmingham, Slough, and across the country. These are not isolated incidents: they happen across the country, and they undermine our democracy.
Ordered, That the debate be now adjourned.—(Rebecca Harris.)
Elections Bill (Sixth sitting)
Wednesday 22nd September 2021
(3 years, 3 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 22 September 2021 - (22 Sep 2021)
The Committee divided: - Ayes: 9 / Noes: 6 - Question accordingly agreed to.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 9 - Question accordingly negatived.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
To say that this has been a lively debate would be seriously understating the passion and arguments made by Members on both sides of the Committee. Speaking as a former Treasury Minister, it is a refreshing change from annual Finance Bill Committees, where I am used to saying lots of things to silence and often bemusement from Back Benchers. That has been a real change and I have very much enjoyed listening to the arguments.
I want to thank all Members who participated in the debate for making so many interesting points. I thank my hon. Friends the Members for Newcastle-under-Lyme, for Peterborough, for Heywood and Middleton, and for Gedling, as well as my right hon. Friend the Member for Elmet and Rothwell for making brilliant points in their speeches, with which I wholeheartedly agree. They all said things far better than I could, given how new I am to the brief. I also enjoyed the interventions from my hon. Friend the Member for Darlington, the hon. Member for Glasgow North, my hon. Friend the Member for Broadland and the hon. Member for Argyll and Bute. I did not agree with the Opposition Members’ points, but they were well argued. I still think that they are wrong but I admire the passion of the shadow Minister, the hon. Member for Lancaster and Fleetwood. This is clearly a brief she knows very much about and it is nice to see that level of engagement with the topic. However, a few points were made in the debate that I wish to reply to; I will not speak for very long.
The hon. Member for Glasgow North talked about weaknesses in the research. I know the moment has moved on, but I want to emphasise that the Cabinet Office’s research is the most comprehensive to date and is nationally representative. It shows that 99% of people from ethnic minority backgrounds surveyed owned an accepted form of identification. It seemed from his speech that the hon. Member for Argyll and Bute felt this was a Bill about introducing a new voter ID card. Yes, that is part of it, but it is mainly about photographic identification. I felt that there was often conflation between people not having photographic identification and needing a voter ID card as opposed to everybody else needing one. That is not the case. I remind the hon. Gentleman that only those without existing documents need a voter card.
The hon. Member for Lancaster and Fleetwood talked about this being a new case for identity cards. I remind her that the coalition Government scrapped the last Labour Government’s plan for ID cards in 2010 and we have no plans for identity cards. The 2018 and 2019 voter identification pilots were delivered with a voluntary, locally issued notification. There is no compulsion here and that same model of an optional free voter card is what we are going to introduce.
Finally, I just wanted to reject completely the accusation from the hon. Member for Lancaster and Fleetwood of voter suppression. This is a political topic; we are talking about elections and MPs get very lively. We enjoy having these discussions, but it is important not to alarm people when a simple procedural Bill is being put through. People are disenfranchised if their vote has been used by someone who should not be doing so. It does not seem to be something that is of concern to Opposition Members, but we take that very seriously. As I said in my opening speech, just because someone’s house has not been burgled does not mean they should not lock the door. We can take precautions for things, even if their likelihood, depending on geography, is more or less. We should also have something uniform in bringing in this sort of Bill. We cannot just do something for Tower Hamlets and then wait until something happens in another borough.
Cat Smith (Lancaster and Fleetwood) (Lab)
Would it be appropriate at this point to ask some specific questions? I hope the Minister can respond about the application process for the voter ID cards. Obviously, it would be administered by local councils, but will there be a core standard of expectations of, for instance, the hours councils will be expected to offer the service? Will people have to apply in person,
Kemi Badenoch
I think that those are things that we can work out as we progress. We all know that those sorts of details would not end up in a Bill such as this one. We also need to be able to give flexibility. What we can say is that we want to encourage as many people as possible to take up these cards, and we will do whatever we can to ensure that that is the case.
Let me go back to the point that I was making about voter suppression. We hear again and again, particularly from Labour, that any change to boundaries or elections is all about keeping voters away and gerrymandering. I completely and utterly reject that. I was not a Member in 2014, but I remember that Labour claimed that the roll-out of individual voter registration in the country was going to suppress voters. Labour Members said that it was terrible, that we should not do it and that we should instead allow the head of household to register everyone. As we said earlier, that was about bringing things into line with Northern Ireland, and it is worth mentioning that the electoral register in the 2019 general election was at its highest-ever level. The last thing that Labour said was going to be suppressing voters did not do that, and I am absolutely confident, given all the evidence we have seen and heard, that this will not do so either.
Kemi Badenoch
I thank the hon. Lady for her question, but she is deviating from the point I am making about voter suppressions. The point I was making is that the last thing we did, which Labour claimed was going to suppress voters, turned out not to do so. We have never heard any acknowledgment from the Opposition that it was actually a good thing to do and strengthened our democracy. On the point about registration, the hon. Lady will know that I have just come to this brief. We can deal with the Government’s plans, and what I will be doing over the next few years, outside the debate on clause stand part.
The claims about voter suppression are bogus. They have been shown to be false by the Northern Ireland experience and the 2018-19 pilot. There is no reason why we should not go through with this, which is why I urge all Members to let the clause stand part of the Bill.
Question proposed, That the clause stand part of the Bill.
Fleur Anderson (Putney) (Lab)
I beg to move amendment 24, in schedule 1, page 63, line 2, leave out from “the” to end of line 22 and insert “Electoral Commission.”
This amendment would make the Electoral Commission, rather than returning officers, responsible for producing and administering electoral identity documents.
The Chair
With this it will be convenient to discuss the following:
Amendment 26, in schedule 1, page 63, line 29, leave out “A registration officer” and insert “The Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 27, in schedule 1, page 63, line 30, leave out “registration officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 28, in schedule 1page 63, line 34, leave out “a registration officer” and insert “the Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 29, in schedule 1, page 63, line 35, leave out “officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 30, in schedule 1, page 63, line 37, leave out “officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 31, in schedule 1, page 64, line 3, leave out “a registration officer” and insert “the Electoral Commission”.
This amendment is contingent on Amendment 24.
Amendment 33, in schedule 1, page 65, line 1, leave out from “the” to end of line 3 and insert “Electoral Commission.”
This amendment would make the Electoral Commission, rather than returning officers, responsible for producing and administering anonymous elector’s documents.
Amendment 35, in schedule 1, page 65, line 10, leave out “A registration officer” and insert “The Electoral Commission”.
This amendment is contingent on Amendment 33.
Amendment 36, in schedule 1, page 65, line 11, leave out “registration officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 33.
Amendment 37, in schedule 1, page 65, line 15, leave out “a registration officer” and insert “the Electoral Commission”.
This amendment is contingent on Amendment 33.
Amendment 38, in schedule 1, page 65, line 16, leave out “officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 33.
Amendment 39, in schedule 1, page 65, line 18, leave out “officer” and insert “Electoral Commission”.
This amendment is contingent on Amendment 33.
Amendment 40, in schedule 1, page 65, line 21, leave out “a registration officer” and insert “the Electoral Commission”.
This amendment is contingent on Amendment 33.
I remind Members—this is important—that the scope of this debate is the series of related proposals to make the Electoral Commission, rather than returning officers, responsible for electoral identity documents, so can we keep to that subject and not stray into other countries?
Fleur Anderson
Thank you very much, Sir Edward, and I welcome the Minister to her place.
Every vote clearly counts, and I think we can all agree on that. For example, in the Derby City Council election earlier this year, Darley ward was won by one vote. That one vote changed who was in charge and who had the majority on the council, moving it towards a Conservative group. Government Members would be happy about that, but the main point is that each vote counts, so when looking at this Bill, we have to ask whether this is a disproportionate measure that is more likely to stop people voting and being able to cast their one vote—all the votes count—and whether it brings in far too many bureaucratic barriers while not stopping the main problem with our elections. As shown by the result of the voter ID pilot evaluation, most people think that low turnout is a much bigger issue in our elections than any issues about fraud.
Amendment 24 changes the overall control of the central system to have the Electoral Commission working in conjunction with local authorities, rather than each local authority running its own electoral changes. That would ensure much more consistency across the country in delivering the provisions of this Bill and the capacity of local authorities to deliver them, because they would be working in conjunction with the Electoral Commission, and it would give the Commission an additional set of powers to work with local authorities. The amendment tries at least to mitigate some of the worst parts of bringing in electoral ID. Economies of scale will produce cheaper, better and more consistent outcomes, delivering an ID card that everyone can get as easily as possible and when they need it, which I think we would all agree is the outcome we want. With something as precious as our democracy, there is simply no room for irregularities, disparities or differences between local areas in how well electoral identity documents are produced, which will inevitably be the case if this monumental task is left solely to local authorities to do in different ways and to administer on their own.
This amendment asks the Minister to look further into the issue of whether local authorities should carry out this task within a centralised system. Looking at the Northern Ireland example—we will be looking at that example a lot during our consideration of the Bill in Committee—this service is centrally administered by the Electoral Office there, so this amendment would bring us in line with best practice in Northern Ireland, where they are 20 years ahead on this issue. As we heard last week from the chief electoral officer for Northern Ireland, that set-up has been relatively successful in ensuring consistency and driving down costs over time, and with the cost of delivering voter ID currently estimated at £120 million, that surely has to be a very important issue. It is clear that it is cheaper and more efficient to have a centralised system, so I do not know why the Bill does not seek to embed such an example of best practice.
When the Minister responds, would she tell us how she intends to ensure consistency and parity between local authorities in delivering this Bill? How will she prevent a postcode lottery of provision, whereby some councils are able to provide free IDs in one way, and other councils—perhaps due to the higher, unmanageable cuts that they have faced—do not have the staff or resources, or decide to resource things differently, leading to a difference in delivery? Would she also tell us whether an ID card from one local authority will be transferable to another local authority? If it is not, that will be a barrier. I am especially thinking about people in my constituency who move about within London quite frequently, who may not know they have moved between boroughs and, facing an election, would bring a card issued by another local authority to the polling station. Can that card be used from local authority to local authority?
Turning to the issue of capacity, there is a huge danger and concern that if this Bill is passed without significant amendment, local electoral registrations teams will be crushed under the weight of the additional administrative burden. We saw this in the pilot: the local authority was asked to develop an IT system, and obviously it is going to make much more sense to have a central IT system, so that electoral registration officers do not have to come up with their own IT system and then work out all the ways and means by which they are going to deliver this Bill without help from the Electoral Commission. That is why this amendment seeks to put the Commission in that role.
Peter Gibson (Darlington) (Con)
Does the hon. Lady agree that local authorities are best placed to do that as they are on the ground and have the experience of issuing concessionary bus passes and disability blue badges?
Fleur Anderson
That is an important point. I absolutely agree with the hon. Gentleman, and that is why I said that it must be delivered by the Electoral Commission in conjunction with local authorities. Local authorities know the best place to open up their surgeries, or wherever they will be delivering the cards. They know the best times and the best ways to do it locally, so having a national system that is delivered locally in conjunction with local authorities would work best. I agree that there has to be local provision, because local authorities know their local people best.
It is important to place this issue in the context of the past 10 years. From 2010 until the onset of the pandemic, local authorities lost 60p out of every £1 that the Government provided to spend on local services. Already cash-strapped councils will suddenly be expected to oversee and administer hundreds of thousands of photo ID cards, in addition to processing last-minute applications. We saw in the pilot and know from experience that, unlike us, a lot of people do not spend a lot of time thinking about elections; they think about elections on the day. There was a huge surge of additional applications in the run-up to the election, so there needs to be surge capacity, including on the day itself. Will councils be adequately resourced to do that? Will they have recourse to the Electoral Commission to get the support they need to deliver the cards?
Paul Bristow (Peterborough) (Con)
What was the hon. Lady’s reaction to the evidence we heard from Gillian Beasley, the chief executive of Peterborough City Council, and the returning officer of Birmingham City Council, who both said that they felt well placed to administer this change?
Fleur Anderson
I was as surprised as the witnesses from Peterborough and Birmingham councils when the chief electoral officer from Northern Ireland said that she needed 70 additional staff during the election period. Up until then, the evidence from Birmingham and Peterborough was that we would need a handful of additional staff through the year to give out ID cards, and then a surge, but to hear that 70 additional staff were needed in Northern Ireland was, I think, illuminating and concerning for some of the council staff who were giving evidence. It is a good point, well made.
Will the Government resource our local councils to deliver this policy? Can the Minister guarantee that there will be no cuts to frontline services because of the need to transfer resourcing to the production and delivery of ID cards? All year round, young people especially will be getting this card. At the moment, they have to buy a provisional licence to be able to go to a nightclub, so they will definitely want this card. It is a free resource all year round, so there will be demand for it all year round, but in the run-up to an election there will obviously be an additional surge. Will that fall on the local councils? Can it be guaranteed that Government funding will cover that? Local authorities and electoral registration officers will potentially be burdened with the additional time and money required to enfranchise 35 million overseas voters, at the same time as creating a whole new requirement for processing free voter ID cards for domestic voters, and that is on top of the Boundary Commission changes and all the other burdens being put on our electoral registration officers.
On top of that, the Dissolution and Calling of Parliament Bill, by its very nature, creates uncertainty around the timing of general elections, as the Prime Minister will be able to choose the date. The extremely short timetable in the lead-up to elections, as well as plans to shorten that window, has the potential to completely bury the administrative system behind elections, which will potentially result in those very precious electoral ID cards not being given out and people not being able to vote.
Local election authorities are already discovering that there is an increasing burden, and all the returning officers in the May 2019 voter ID pilots had to recruit extra staff, so it is not controversial to say that others will have to do so. It is not always straightforward. Mr Connelly from Birmingham City Council told us in evidence last week:
“As it is, we struggle to recruit and retain staff, who come to the polling station literally for one day a year.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 61, Q96.]
Recruiting and retaining staff all year round will be a challenge. All those staff will need to be trained, and that requires more time and money.
This Bill needs to guarantee two things. First, it needs to guarantee that the responsibility for delivering the voter ID programme falls on a central body that ensures consistency across the country. The amendment would make it the Electoral Commission. The responsibility should not be squarely on the shoulders of local returning officers and electoral registration officers, who are already stretched to their limit.
Secondly, the Bill needs to guarantee that local electoral authorities are properly resourced and given what they feel they need to carry out their new duties and responsibilities. During the evidence session I was concerned to hear that local authorities had not already been asked for their estimates of what that would cost. The Government cannot yet know what it will cost to fund that adequately because local authorities have not been asked. If they are not properly funded and staffed, they will collapse under the weight of the new electoral regime; it will not work.
In her response, I would like the Minister to assure not just me but returning officers and registration officers up and down the country that she understands the concerns and limited capacity of local election registration teams. I would like her to guarantee that they will be given all the resources that they will need, and to emphasise that no frontline services will be cut.
I should also be grateful if the Minister would shed some light on the following questions. Will there be a national IT system for producing the ID cards? What will be the role of the Electoral Commission in supporting local authorities as they gear up to deliver this? How much will one elector ID cost the taxpayer? We heard that, in Northern Ireland, costs differed when production was outsourced and when it was insourced, but what is the estimate for the rest of the UK?
Has the Minister consulted local authorities? I know that she has not been in her place for very long, but have there been consultations with local authorities about how elector IDs will be administered and physically printed? Will local authorities need special printing facilities, for example, or will a normal colour printer be sufficient? Such things will make a big difference to local authorities. Will voters have their photos taken at the local authority when applying for the card? How will that work? Will women wearing face coverings be forced to take them off, and has that been built into how the system will be administered?
The evidence that we have heard so far demonstrates convincingly that a centralised approach to administering voter ID is cheaper, is more consistent and efficient, ensures that local authorities will not be pushed over the edge but can deliver the system, and ensures that every single person who can vote is able to vote. I hope that the Minister will take amendment 24 seriously and commit at least to embedding these principles in the Bill and the guidelines that follow.
Kemi Badenoch
I will respond to the hon. Lady’s points first before coming to the substantive reason that the Government cannot support amendment 24.
The hon. Lady asked how we will ensure consistency in provision between local authorities, and my hon. Friends the Members for Darlington and for Peterborough made very good points on that. The broader point is that local authorities have to administer very complicated elections anyway. The hon. Lady knows that in London elections there are multiple things happening at the same time, and London can cope. Local authorities do not need to worry about the support that they will get to deliver this. In me they have a Local Government Minister who will be very much on top of these issues.
The hon. Lady asked a lot of technical questions—about how the cards would be printed and so on. I am afraid that I cannot answer those today, but those are things that we shall be working towards. The hon. Lady asked whether ID cards would be transferrable from one local authority to another. They will be.
Interestingly, the hon. Lady acknowledged that there might be a surge in demand for the ID cards because of young people wanting to use them to go to the pub, but it is important to clarify that they are not a form of free identification. They are for electors who do not have existing photo identification, and they will not include date of birth.
Amendment 24 would mean that the responsibility for producing and administering the voter card and the anonymous elector’s document would rest with the Electoral Commission rather than with electoral registration officers, as the draft Bill provides. We cannot support the amendment, because the Electoral Commission is an advisory and regulatory body; it is not an administrative one. It does not have the experience or capacity to carry out that function. To take that away from local government, which has been doing that for centuries, and pass it to the Electoral Commission would be completely wrong. Such an approach would represent a significant shift in the way we deliver elections. How can the commission guide and oversee a process that it participates in the delivery of? The Electoral Commission will play a key role in communicating the change to voters ahead of polling day, and must be able to focus on fulfilling those existing duties. I am not in a position to make those changes to the implementation of the policy. As I said, I have every faith in local government to develop and deliver local services that meet the needs of their communities, so we will not support the amendment.
Question put, That the amendment be made.
The Chair
I remind Members that the next amendment relates to places in which people can apply for voter ID, so again it is quite narrowly focused.
Cat Smith
I beg to move amendment 25, in schedule 1, page 63, line 22, at end insert—
“(2A) The registration officer must take steps to ensure that a person may apply for an electoral identity document in the following locations in the relevant local area—
(a) local government office;
(b) library;
(c) GP’s surgery;
(d) Member of Parliament’s constituency office.”
This amendment would enable people to apply for an electoral identity document at a range of places in a local area.
The Chair
With this it will be convenient to discuss amendment 34, in schedule 1, page 65, line 3, at end insert—
“(2A) The registration officer must take steps to ensure that a person may apply for an anonymous elector’s document in the following locations in the relevant local area—
(a) local government office;
(b) library;
(c) GP’s surgery;
(d) Member of Parliament’s constituency office.”
This amendment would enable people to apply for an anonymous elector’s document at a range of places in a local area.
Cat Smith
The amendment would enable people to apply for the free electoral identity document at a range of places within a local area. The amendment, and the related amendment, would widen the responsibility for administering the electoral identity card to include libraries, GP surgeries, local government offices and the constituency offices of Members of Parliament. Under the change, other public services would be able to promote and administer the registration for free electoral IDs. For example, people could hand their form in and be issued with the card at a jobcentre while doing some other activity. The same could apply to GP surgeries, where patients could fill in a form while they waited for their appointment.
Jerome Mayhew (Broadland) (Con)
It is an interesting suggestion to use GP surgeries in that way. Has there been any consultation with the General Medical Council on the views of general practitioners about their being used in that manner?
Cat Smith
Absolutely none whatsoever—[Laughter.] The purpose of the amendment is to make the point that the Bill is very prescriptive about the locations at which one can apply for a free electoral ID, but there are no requirements on when, and on what days of the week, that place would have to be open, or whether one would have to attend in person or could apply by post. There are so many gaping holes in the legislation. The purpose of my amendment is to provoke a discussion about whether we can make applications for free ID cards a little more accessible. It is somewhat murky at the moment.
Expanding the list of places where one could apply for an electoral ID would also widen the opportunities for a publicity or advertisement campaign to inform electors about the change in Government policy to require ID to vote, and potentially allow people to think about it before an election comes around. For instance, someone waiting for a GP appointment who sees a sign on the wall saying that this is a location at which they could apply for a voter ID card might think, “Well, I’ll do it now.” That might take pressure off the administration officers at local councils. We heard in evidence about the rush that happens just before elections take place.
Tom Randall (Gedling) (Con)
I see that the Labour party’s amendment includes
“Member of Parliament’s constituency office”
as one of the locations. There is usually a distinction between party political resources and parliamentary resources. For example, some MPs share their office with their local Conservative association; I imagine there are similar arrangements with the Labour party. On the basis of her amendment, would the hon. Lady be happy for a member of the public to pick up their electoral ID card from the office of their local Conservative association? Surely that is a blurring of the lines, which is what the Opposition are trying to avoid.
Cat Smith
I am glad to have provoked this debate. I suppose I was thinking about my own constituency office, which is not shared with a political party. When we receive our budget from the Independent Parliamentary Standards Authority, it is very clear that we are not meant to use our IPSA-funded office for party campaigning, and that was very much in my mind. But are we not trusted parts of our community? We sign passport forms and verify identities in other ways. It is meant to promote the idea that we are those trusted individuals, and perhaps we could make it more accessible on an individual level.
Patrick Grady (Glasgow North) (SNP)
The hon. Lady makes the point that it is not uncommon for any of us to verify a passport application for our constituents. All that we are verifying in that situation is a likeness, and the amendment only refers to applying for ID cards at our offices. I do not think anyone is suggesting that MPs’ offices would be issuing them.
The other commendable aspect of the amendment is that it links to a discussion that we will get to later in our scrutiny of the Bill, about automatic voter registration, and that is about being able to apply to vote in the first place. For those of us that want to promote that principle, it makes sense that if we have to accept that voter IDs will be issued, they should be made as accessible as possible, precisely to achieve the kind of increase in participation that everybody seems to agree is worthwhile.
Cat Smith
I agree wholeheartedly with the points made by the hon. Gentleman. Will voters be able to apply for electoral IDs online, regardless of who they are applying to or who is printing it? Will the application form be available online or will it be paper-only? Does the Department have any expectation of how long an application process will take? Will there be any minimum standards? Will the ID card be delivered to the elector’s home address, or will they have to come in person to collect it?
The amendment not only demonstrates the importance of making free electoral ID cards as accessible as possible, but gives us the opportunity to explore whether local authorities have the capacity to administer those IDs, on top of administering the election, given the backdrop of cuts to local authorities over the last decade. A point was made earlier about councils administering other forms of identity documents, but in two-tier council areas that is not always the case. In Lancashire, for example, the county council administers blue badges, but the borough or city council—the second-tier council—would administer electoral IDs. It is important to recognise the diversity across these islands in the way that local government is organised, because there are slight differences and responsibilities lie in different places. As we see the patchwork of devolution in England develop, we shall increasingly see local authorities having very different powers.
Returning to the amendments, local authorities need to have clarity about what they are being asked to do and how that would work. Is there any opportunity to ask other public bodies to support their work, in order to take the burden off our electoral administrators? The Association of Electoral Administrators has already expressed its concern about the huge burden of such a technical administrative task being placed on already overstretched local authorities. Local authorities are being expected to deliver photo ID cards, alongside the additional burden of registering millions of new overseas electors, on top of boundary changes. That is an awful lot of work.
Can the Minister understand the concern here, and will she provide some assurances to our dedicated electoral returning officers up and down these islands? Voting should not be a postcode lottery; there should be equality wherever we are. We must see measures introduced to ensure that obtaining an elector card is as easy as possible. These may include expanding the number of locations at which voters can obtain a card and measures to ensure consistency in administering the scheme in different locations.
Kemi Badenoch
Amendment 25 would require registration officers to ensure that eligible electors could make an application for an electoral voter identity document at a specified list of locations—a local government office, library, GP surgery or Member of Parliament’s constituency office. We cannot agree to the amendment, because it is too prescriptive—needlessly so. The Government share the aim of ensuring that the process for applying for these documents is highly accessible, but the proposed amendment is poorly thought out. Registration officers have the responsibility and local knowledge to identify the most suitable locations for voters to access the voter card process. They must be allowed to exercise that expertise and responsibility. They are best placed to understand their local community and the needs of voters and will have the local knowledge and expertise to ensure that the voter card process works for all voters. I think that answers the questions from the hon. Lady and will reassure her. Registration officers are the ones who know what is happening on the ground. We have every confidence that they will be able to deliver this.
The proposed locations may be suitable in some areas. However, without local knowledge they could disrupt other services and at the same time fail to address the needs of voters, whose preferences and characteristics are likely to be best understood by their own local authority registration officer. That local knowledge and expertise, as well as the diligence with which registration officers fulfil their legal responsibilities to electors, has been proven time and again with the successful delivery of a wide range of electoral events.
The hon. Member for Lancaster and Fleetwood asked whether electors would be able to apply for a local voter card. The amendment would place a requirement on electoral registration officers to act in locations over which they have no control and where the owners or managers could refuse to comply. That is another reason why we cannot support it. There could be many reasons why those responsible for such buildings might not want to act as a venue for applications, and there has been no consideration of that or investigation of issues that could arise, which leads to the point that my hon. Friend the Member for Broadland was making. A GP surgery may not wish to increase footfall through their buildings during flu season, as it could lead to an increase in infections among vulnerable patients.
The amendment would also place a requirement on those locations and their staff to allow such applications to be made, raising a number of questions about someone’s rights to access such a location for that purpose. It may be that someone is excluded from the premises for good reasons, or there may be reasons why right of access should not exist to a particular location. The requirement of GP surgeries in particular cannot be supported; it will place an unnecessary additional administrative burden on them and draw focus away from their healthcare duties.
The question of how electors will be able to apply for a local voter card is very important and I completely understand the need to look into it. The detail of voter cards and anonymous elector documents will be issued through secondary legislation, so we will have further opportunities to discuss it, but it is important that we get the details right both for voters and for those who administer our elections. We are and will be working closely with a range of stakeholders to develop and refine the necessary detail. I will update the House on the progress with that as soon as we are in a position to. It will be vital for electors to know how and where to apply for a voter card if they need one. The hon. Lady is right to bring that up. Awareness-raising campaigns delivered by the Electoral Commission will ensure that voters are aware of the new requirements and they will have sufficient time to prepare. For those reasons, we cannot support the amendment.
Cat Smith
The Minister has addressed some of my concerns. My amendment is probing and I do not intend to press it to a vote, but I hope the Minister can recognise that it is not very satisfactory for many of these questions to be answered in secondary legislation. It would be helpful for the Committee’s deliberation if at some point she could at least indicate whether it will be possible to make applications online or whether they will have to be made offline. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Fleur Anderson
I beg to move amendment 32, in schedule, page 64, line 27, at end insert
“though that period may not be less than 15 years from the day on which it is issued.”
This amendment would mean that an electoral identity document would be valid for at least 15 years.
The Chair
With this it will be convenient to discuss amendment 41, in schedule 1, page 66, line 5, at end insert
“though that period may not be less than 15 years from the day on which it is issued.”
This amendment would mean that an anonymous elector’s document would be valid for at least 15 years.
I remind Members that these amendments are about the period of validity of the voter ID card.
Fleur Anderson
Amendment 32 looks at the detail of how long an election ID card would be valid, which is important to know. Obviously, this will be coming out in secondary legislation, but it is important to know whether there will be an annual expectation to renew the ID card, or whether it will be valid for five, 10 or 15 years. The amendment suggests 15 years, but if the Government are open to the card being valid for longer, we would be supportive.
The reasoning behind the amendment is simple: in the real world, voter ID will be a barrier to voting for many people, and it will cost the taxpayer a significant amount of money, so the number of times that electors should be expected to apply for the card should be at an absolute minimum. Making these documents valid for 15 years is a reasonable and sensible proposal. A passport needs renewing every 10 years, so it is not at all unreasonable to push this further, to 15 years. It will come round quickly enough, and it is worth noting that such a period would cover only three general elections.
Chris Clarkson
I recently renewed my passport, and it was quite heartbreaking not being able to use the same photo, because I have changed quite a bit in the past 10 years. Given that the purpose of this is to issue photo identity, does the hon. Lady agree that people change physically over the course of 15 years? A young person who registers at the age of 18 will look considerably different at the age of 33.
Fleur Anderson
Some of us will change more than others. A balance needs to be found between renewing too frequently, which could be a barrier to voting, and recognising that people’s appearance changes over time. That is why people over 18 have to renew their passports every 10 years, but I think 15 years would be far more reasonable.
Cat Smith
The hon. Member for Heywood and Middleton has triggered a thought in my mind, because we were told in Committee this morning that a passport, even one that has expired, will still be classed as valid ID. A passport is valid for 10 years. If it has expired, it could be 15, 20 or 25 years old. Does that not create some confusion for polling clerks?
Fleur Anderson
In Northern Ireland, people can take an expired form of photo ID and it will still count, so there is no limit there. A limit of 15 years does not apply in Northern Ireland, so perhaps a longer period of time should be looked at. It would be good to know the Minister’s thinking on that.
Mandating renewal of these documents any less than every 15 years would have a huge and disproportionate impact on groups that are already vulnerable to disenfranchisement, and it would only increase the costs and administrative burdens on local authorities—as we have already discussed, they are substantial. The Equality and Human Rights Commission has previously warned the Government that
“voter ID will have a disproportionate impact on voters with protected characteristics”,
and this could increase that opportunity. We saw with the Windrush scandal how some communities struggled to provide official documentation, which had severe consequences. The EHRC has warned that if voters were
“disenfranchised as a result of restrictive identification requirements”,
this could violate article 1 of protocol 1 of the European convention on human rights.
The LGBTQ+ community are at risk of disenfranchisement and have been in contact with Members about the Bill. Stonewall is concerned that such proposals could prevent many LGBTQ+ voters, as well as voters from other marginalised groups, from engaging fully and fairly in democratic processes, and we should all be concerned about the issues that it raises.
Chris Clarkson
Could the hon. Lady develop her thinking on that? There are at least four pieces of photo ID in my wallet, and it will be no surprise to anybody here that I am very gay.
Fleur Anderson
For many trans, non-binary and gender non-conforming people, the photograph, name and/or gender marker on their legal documents may not reflect their appearance or gender identity, which goes back to the earlier point about changing identity. The introduction of voter ID could inadvertently result in such people being turned away from voting stations or simply deciding not to vote, for fear of this happening. They may not want to apply for the card. Of course, the argument against this is the same for some groups—for example, members of the trans community may significantly change appearance.
Stonewall helpfully points out that the solution is not to put people through the process of applying for voter ID before every election, but to roll out training to presiding officers and related staff to ensure that they operate in a manner that is LGBTQ+ inclusive; to put in place specific measures to ensure that LGBTQ+ people can vote; and to ensure that any equality impact assessment of such measures specifically includes the needs and experiences of trans people, gender-non-conforming people and anyone who is concerned about their appearance being on an identity card that must be shown when they go to vote.
Aaron Bell (Newcastle-under-Lyme) (Con)
Given that the Committee has accepted, after a Division, the necessity of voter ID, surely the hon. Lady’s suggestion of a 15-year period does not help deal with the point she is raising. The more up-to-date ID somebody has, the less likely they are to have such problems at the polling station.
Fleur Anderson
With our amendments, the Opposition are trying to mitigate the worst impact of having a voter ID. Frequently having to re-apply for a voter ID card will have a disproportionately bad impact, potentially stopping people from voting. I do not think any of us want to see that. This is about getting the right balance; is three, five, 10, 15, 20 or 50 years the right balance? I will be interested to hear the Minister’s views. It would be out of step with best practice to require voter ID cards to be frequently renewed, and there is also a disproportionate cost. How much should administering them cost?
Peter Gibson
Does the hon. Lady consider that 10-year periods for a British passport or driving licence are perfectly acceptable and modest?
The Chair
I think Fleur Anderson was speaking. There might also have been an intervention going on.
Fleur Anderson
Thank you very much, Sir Edward, and I thank the hon. Member for Darlington for his memorable intervention—I certainly remembered it—on whether we should match 10-year passports, and whether that would be easier for people to remember. That might be part of the Government’s thinking. I would like to know what their thinking is. Can the Minister confirm how long the free elector ID card will be valid for? Are there plans for that? Does she agree that a free elector ID must last more than one parliamentary cycle or risk disenfranchising people by asking them to reapply between elections, or even at every single election? Finally, what is her policy on ID card renewal?
Kemi Badenoch
Amendments 32 and 41 would mean that voter cards and anonymous elector documents would be required to be valid for a period of 15 years from the date of issue, and I am afraid we cannot agree to that. Primarily it is important that the documents are renewed on a regular basis to ensure that they remain a good likeness of the holder, as the Bill states. I note, however, as other Members have mentioned in interventions, that driving licences and passports are typically renewed every 10 years. The hon. Member for Putney makes a good point, but we are considering the most appropriate time before expiry. We will bring forward our proposals in secondary legislation, which will then need to be approved by Parliament through the affirmative procedure.
Hon. Members have been judicious in trying to open up the list of specified forms of identification to include insecure methods, but they are limiting the flexibility of the method upon which those without access to a form of accepted identification could rely. For example, the amendments would prevent any consideration of an electoral returning officer issuing any kind of temporary voter ID card or anonymous elector documents, should that be appropriate. As such, that would work against being able to provide mechanisms to support people who need a short-term solution to showing identification, which I know the Opposition are particularly concerned about.
The hon. Lady raised inclusivity. We will of course ensure that the process is inclusive. The Government take those issues very seriously—I see that as the Minister for Equalities. We are doing a lot of work in terms of ID documents and gender recognition certificates to support trans people. As we have made changes throughout the last 12 months or so, we are seeing applications increase. Often all the things that we say will stop applications and participation are measures that improve and increase it.
I hope that the hon. Lady will forgive me, because I did not have enough time to write down her last question and so have forgotten it. I hope that I have been able to address some of the issues that she raised. However, in order to maximise the options that we can consider as we take forward our implementation plans, the Government cannot support this amendment; it is just too restrictive for the Bill.
Fleur Anderson
I am disappointed that the Government will not support the amendment. I hope to see it resurface in secondary legislation and to see at least 15 years as the length of time. First we need to see some research into the impact of different renewal dates and the cost of renewing to be informing the Government’s decision. This was a probing amendment, so we will not push it to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Cat Smith
I beg to move amendment 42, in schedule 1, page 66, line 5, at end insert—
“13BF Application for electoral identity document on Government website: Great Britain
The Secretary of State must ensure that a person eligible for an electoral identity document under section 13BD or an anonymous elector’s document under section 13BE is able to apply for that document on the gov.uk website.”
The amendment would allow voters to sign up for free electoral ID when engaging with numerous Government services and not simply when they are registering to vote. The amendment is similar to amendment 25 and connected amendments, so I will not repeat those arguments, but the change would see voters reminded about voter ID rules and reminded to apply for a free elector card when they engage with gov.uk services. For example, when people were applying for universal credit on the Department for Work and Pensions website, they would be asked, at the end of the application process, if they wished to apply for a free electoral ID. Of course, this is assuming that people will be able to apply online. There has not been clarity from the Minister so far this afternoon on that, so perhaps this is an opportunity for her to make it a little clearer.
Kemi Badenoch
The amendment would place a legal obligation on the Government to create a new digital application system, specifically on the gov.uk website, to enable eligible electors to apply for either the voter card or the anonymous elector’s document. We cannot agree to the amendment, although we recognise the positive intentions behind it. The issue of online applications was raised earlier. I want to reassure hon. Members that the Government share the aim of ensuring that the process for applying for these documents is highly accessible. We are working with numerous partners to ensure that is achieved. In particular, I would like to highlight the excellent work done by the various charities and organisations that advise us through the Government’s accessibility of elections working group.
However, the amendment would not help us achieve our goal. First, it is pre-emptively prescriptive. We need to be able to evaluate and consider the best vehicle for online applications. It may be better for online applications to be done via local authorities’ individual websites, or perhaps even a website specially designed for this purpose. We do not want to be restricted at this point, or to be required to fund a particular approach now, when there might be a much better option later. I have been clear that the Government’s intention is to continue working up the best model for implementing these measures. I acknowledge very much the arguments made for an online solution. I used to be a tech developer myself, so I completely see why this amendment was tabled, but for now we cannot support such a narrowly drawn approach.
Cat Smith
I am pleased to hear about the Minister’s tech background. I hope that in this new role she might find ways to make many aspects of the electoral system more digital friendly—something for which the Opposition have been calling for a long time. Although I do not feel that her response fully grasps the seriousness of the situation or the passion by which we want to make things more accessible, this was a probing amendment and I do not wish to push it to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Fleur Anderson
I beg to move amendment 43, in schedule 1, page 66, line 5, at end insert—
“13BF Prohibition of outsourcing of administration and production of electoral identity documents
The administration or production of an electoral identity document under section 13BD or an anonymous elector’s document under section 13BE may not be outsourced to a private company.”
This amendment would prohibit outsourcing. It would stop outsourcing being built into the way in which the Bill is administered. So many things are being left to secondary legislation, but not this. The amendment also comes from the evidence we heard from Northern Ireland especially. If we are to mitigate the worst effects of the introduction of voter ID, we have to learn from experience and follow best practice, and all the best practice and experience that we have available points to bringing the administration and production of voter ID in-house from the start. The Northern Ireland example demonstrates that beyond doubt. We heard from our witness last week that initial records showed that the outsourced cost per card in Northern Ireland was £14. It was then brought in-house at a cost of £2 a card, which was found to be a much better way of running the elections. That is an impressive reduction, brought about by the in-sourcing of a key public service.
Patrick Grady
This is an incredibly valuable amendment, and the hon. Lady can be sure of the SNP’s support if she presses it to a vote. We have seen in recent months the Government handing out private contracts in a quite relaxed way to people they are particularly friendly with. That is absolutely the last thing we would want to see happen in the production of voter ID cards.
Fleur Anderson
I thank the hon. Member for his intervention. Trust in outsourcing has recently been shaken among the electorate and constituents. Building it into the Bill would be a mistake.
The voter ID card will be an individual’s ticket to democratic participation, which is their voice; it is sacrosanct. It is therefore a process that the Government and the public sector must retain control of. Otherwise, we risk undermining trust in the entire system.
Tom Randall
Is it not the case that we outsource some quite important documents, such as our passports and banknotes, which are produced by De La Rue? If we can trust those things to the private sector, why could something like an electoral document also not be outsourced, if necessary?
Fleur Anderson
I thank the hon. Member for his intervention. Given recent examples, I just do not think we can trust this to external contracts. Why not build the best into our system? Why not learn from Northern Ireland, where that in-sourcing really worked? That is the closest example we have for this contract, so why not look to the experience there and learn from it?
Jerome Mayhew
If the financial information from Northern Ireland had been the other way around, would the argument not also have been reversed? In other words, are we not really worried about value for money and not whether this is in-sourced or outsourced, and should not the Bill remain silent on the matter?
Fleur Anderson
When secondary legislation is developed, which will probably cover this matter, perhaps we can see what the evidence base is. We can then look at different potential contracts and what the costs would be, and the hon. Member is correct that that should inform our decision.
Most recently, there was real concern about sharing our NHS data and GP surgery data with a private company. That had to be scrapped during the summer, because there was so much concern about sharing that data. I think we should learn from that experience as well. With voting, people are even more concerned about where their data goes, who will be producing the voter ID card and what will be done in that area, so we have to be even more concerned to ensure that the Government are in control of the matter. That is the way to keep our integrity.
I shall finish my remarks by asking the Minister some questions. Does her Department plan to outsource the administration and production of voter ID to private companies? Have there been some pre-contracting conversations already? If she does not know, will she commit to following best practice in Northern Ireland and ensuring that this essential service is kept in-house, or at least to making that the default position in future negotiations?
I hope that the Government will support the amendment, which is not controversial. It is in line with best electoral reform practice in our kingdoms, as shown in Northern Ireland, and most importantly it is the right thing to do for our democracy.
Kemi Badenoch
The amendment would ensure that private companies could not take any part in any aspect of producing or administrating voter cards and anonymous elector’s documents. We cannot agree to the amendment. It is an entirely unnecessary restriction, clearly raised for ideological reasons, with no consideration for the practicalities. I remind Opposition Members that the private sector already plays numerous roles in elections—it prints documents, ballot papers and poll cards; it manufactures equipment such as ballot boxes and polling booths; and it delivers poll cards and postal votes. My hon. Friend the Member for Gedling made the point well; we on the Conservative Benches can spot socialism coming from a mile away, and this is nationalisation through the back door.
Brendan O’Hara (Argyll and Bute) (SNP)
Whether this is about socialism or whatever else—we can debate that—we have just come out of a personal protective equipment scandal. So much of this Bill has been predicated on public trust and on building public trust. In light of the fact that the public have been so horribly stung in that PPE scandal, we have to rebuild trust. The idea of the landlord of a Minister’s local boozer saying, “I can make those cards for you,” runs a shiver down our spines. In the interests of building public trust, this surely has to be taken in-house, because if it is not we will be in grave danger of repeating the scandal we have seen with PPE.
Kemi Badenoch
I thank the hon. Gentleman for that straw man argument, which shows that he did not listen to what I just said. Does he seriously think that all the ballot papers and poll cards that are being printed are being produced by mates—
Kemi Badenoch
No, I am not giving way any more. I would say that he does not think that. An ideological point is being made, and we will not have it.
The hon. Member for Putney made a point about GP surgeries having our data. GPs are private contractors. This conflation of what is private and what is not, and this lack of understanding of how services are delivered, is poor. The Carillion argument in particular is a specious one. Many organisations both private and public fail occasionally. We have debated these issues on the Floor of the House many times, and there is no point in my repeating them, but public sector organisations also fail. We do not then decide that we are going to rip up everything and that they will no longer provide any services; we try to fix what has gone wrong. I do not accept those arguments at all.
Government and local authorities will, as ever, and as my hon. Friend the Member for Broadland said, seek to ensure best value for money for the taxpayer. That is the right thing to do, rather than the ideological ping-pong that we are seeing here. I say to the hon. Member for Putney: nice try, but we are not accepting the amendment. If any aspect of the production or administration of either of these documents could best be served in the private sector, then that must be an option that is available. We are not being prescriptive about how we are going to do this.
Aaron Bell
The implication of how the amendment has been drawn up is that we would need a Government factory to produce the plastic and another Government factory to produce the ink. It is absolutely ludicrous.
Kemi Badenoch
I completely agree. That is what the wording of the amendment would mean. It would ensure that private companies cannot take part in any aspect of producing or administering voter cards, so my hon. Friend is absolutely right to make that point.
It is also possible that the private sector will have expertise or capabilities, or could offer innovative solutions, that do not currently exist in the public sector but would be of great benefit to the elector. The private sector has long held an important role in supporting the effective delivery of elections. I have mentioned some examples showing that it is already a valuable and capable partner for electoral registration officers and returning officers, and there is no good reason why it should be prevented from contributing in this instance.
Fleur Anderson
I would say that the whole Bill is ideological, so it is ridiculous just to take one part of it. It is ideological from start to finish, and especially in these provisions on voter ID. We must get this right from the start. We cannot go to an outsourced private company, get it botched, cause people not to trust it, and then insource it. Why not learn from Northern Ireland and get it right from the start? I am disappointed by the Minister’s lack of reflection on the Northern Irish experience. I still hope that this will be insourced from start to finish when it comes into play, and that the £120 million estimated cost will not go to line the pockets of individuals but stay within the system, where it should be. For all those reasons, we will press the amendment to a vote.
Question put, That the amendment be made.
Cat Smith
I beg to move amendment 44, in schedule 1, page 66, line 5, at end insert—
“13BF Public consultation on regulations under sections 13BD and 13BE
The Secretary of State may not lay before Parliament a draft of a statutory instrument containing regulations under section 13BD or section 13BE unless they have first undertaken public consultation on those regulations for a period no shorter than 28 days.”
This amendment would require the Government to consult for at least 28 days on regulations made about electoral identity documents and anonymous elector documents before they are laid before Parliament for debate and approval.
The amendment would require the Government to publish the details of the free elector IDs at least 28 days before they are laid in Parliament for debate, scrutiny and approval. It would be outrageous and unacceptable were they to fail to give us information about how the ID cards are administered before the legislation is laid. It is yet another example of how the Government continue to try to dodge scrutiny. It reminds me very much of the voter ID pilots. I appreciate that today’s Minister was not the Minister at the time, but the legislation for the pilots was rushed through Parliament in secondary legislation. All 650 MPs were denied the opportunity to scrutinise the Government’s plans. The Government appear to have some kind of allergy to scrutiny and accountability. I cannot understand why they would have any issue with the amendment, which would increase the confidence of the public and the whole House that the regulations would be workable, fair and proportionate.
Since the policy was first announced in December 2016, the Government have received multiple warnings from charities, civil society figures and campaign groups on the use of voter ID cards if they are rolled out nationally, and the threat that they could be a drawbridge for millions of voters. I remind the Committee that Neil Coughlan has a case in the Supreme Court challenging the pilots, which of course were rushed through by secondary legislation. I certainly would not want that to be the situation for the consultation on the regulations.
Aaron Bell
The shadow Minister makes a reasonable request about secondary legislation. I am sure that she is aware of the evidence that the previous Minister, my hon. Friend the Member for Norwich North (Chloe Smith), gave to the Public Administration and Constitutional Affairs Committee. She said:
“I am keen to be able to bring forward as much of that secondary legislation as early as possible so that parliamentarians can scrutinise it. That is only fair. In particular, in terms of the passage of the Bill, I am hoping to be able to do that ahead of the Lords stages. That is a reasonable ask of those who are doing the work behind the scenes, balanced with making sure that Parliament can see the detail that is contained.”
I hope that those assurances have been heard by the Opposition.
Cat Smith
I am aware of those comments. Perhaps my amendment gives the Minister the opportunity to confirm that it is her intention to keep to the commitment made by the previous Minister.
The free ID cards will be the linchpin upon which all the Government’s arguments rest. Every time the Minister, or her predecessor, was asked about voter ID plans, I have had it explained to me that everyone will be able to access the free ID cards. In July 2020, the House of Lords Select Committee on the Electoral Registration and Administration Act 2013 recommended that the Government needed to
“clarify how local elector cards will be funded and how it will ensure that local elector cards are easily accessible for everyone who needs one.”
In the Committee’s view,
“local elector cards will be crucial to ensuring that voter ID does not deter or prevent any eligible elector from voting.”
We are yet to hear any clarification from the previous Minister or the Minister on these matters—I appreciate that the Minister is only a few days into this role. The Bill does not contain any information about how the process will work.
I have a number of questions for the Minister, and I hope she will be able to respond. She said that the free ID cards issued by a local authority would be valid in other local authorities. For instance, if someone registers in Westminster but then moves to Lambeth, their ID card would still be valid for elections there. How would that work for anonymous electors who, instead of having a name on a polling card, have a polling number? Would they be the exception? For instance, victims of domestic violence who appear anonymously on the electoral roll will not have their names on their ID cards. How will those cases work across boroughs or council areas in different parts of the country?
Will the Minister explain where voters will be able to apply for their free ID cards? Does it have to be done in person? Will electors be able to apply for a free ID card on the day of poll? If an elector loses their ID card before the election, will they be able to collect another one on the day or would it be the day before polling day, if they are already in the system as having a free voter ID card? I have asked this previously, but will ask it again, and would be very happy to receive a more detailed answer in writing: will voters be able to apply for the cards online? That is a crucial issue and I will keep pushing it.
How long will one voter ID card take to process? How much will one ID card cost the taxpayer? Will it be the same ballpark figure as we have seen in Northern Ireland? Has the Minister considered how the Government will ensure that additional trained staff are available to process applications? What sort of equipment will be needed to verify applications and issue cards? Will local authorities need to purchase new printers? Will the Minister ensure that voters who want to apply for a free ID card on the day of poll can still vote? How many additional staff on average will be needed in each local authority to process this extraordinary change?
There are a lot of detailed questions there. I would appreciate it if the Minister could respond to what she can in the debate, but I would also be happy to receive something in writing during conference recess.
I could go on. There are an awful lot of questions about this policy—I have just scratched the surface. We have no detail on this policy, which is why the amendment is so important. It would provide time for the Opposition and the public to see the details and scrutinise them, and hopefully help the Government by making sure that the legislation is workable and fair.
Patrick Grady
It is either that or the Committee gets a separate speech. We fully agree with the amendment and the hon. Lady’s point. Does this not go to the heart of what the Bill is allegedly trying to achieve, which is greater participation, greater trust in the process and greater political engagement, in which case why not have a full public consultation period of no shorter than 28 days, so that everyone with a stake in the matter is able to contribute? That would boost confidence in the system.
Cat Smith
The hon. Member is absolutely right. Light is a very good source of scrutiny. A public consultation, as the amendment suggests, would bring in the expertise of more than just Members of this House. Obviously, we all engage with the process, but our electoral administrators might well have points to add. It would give them the opportunity to contribute, as it would political parties who are not represented in this House. Smaller parties would be able to have their say. It would give the Government far more credibility on what is, at the moment, quite a flaky policy.
Kemi Badenoch
Amendment 44 would ensure that any regulations made under proposed new sections 13BD or 13BE to the Representation of the People Act 1983 would first require a public consultation period of at least 28 days. The powers in those sections are for setting out the form of the voter card and the anonymous elector’s document, and the processes for both applying for them and issuing them.
We cannot agree to the amendment; it is an unnecessary administrative burden. Any regulations made under the new sections will be subject to consultation with the Electoral Commission, followed by significant parliamentary scrutiny under the affirmative statutory instrument procedure. Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence. Given the feisty debate that we have had—[Laughter.] The hon. Member for Glasgow North is laughing, but the fact is that we are having a lot of scrutiny on this Bill. We cannot pretend that we are not, and everyone can see that MPs are pleased to scrutinise this issue more than many others.
Patrick Grady
I was particularly amused by the notion that affirmative instruments are subject to detailed scrutiny. Anyone with experience of the SI process in this House could see that comment in the wider context in which it should be judged, and that provoked my laughter. The reality is that the Government rely increasingly on these kinds of statutory instruments and secondary legislation regulations, partly because they do not seem to have done their homework in preparing the primary legislation and precisely because they want to avoid the kind of scrutiny that the hon. Member for Lancaster and Fleetwood talked about—the opportunity for smaller parties who are not represented on Delegated Legislation Committees to have their say and the opportunity to amend regulations introduced in statutory instruments. This speaks to the power grab at the heart of the Bill, no matter what the purported purposes of it are.
Kemi Badenoch
I thank the hon. Gentleman for that intervention. If he feels there are issues with the SI process, he should take it up with the Procedure Committee, but I am sure I have sat in a room just like this one when he has been keen to get out to have his lunch. I think that for those of us—
Patrick Grady
On a point of order, Sir Edward. I am happy to go back and look at the Hansard record, but I have no recollection of serving on a Delegated Legislation Committee with the Minister, whether she was a member of it or a Minister. The record will show that at any time when I have represented the SNP on a Delegated Legislation Committee, I have made every effort to speak and to scrutinise the Government. Most of those Committees have been early in the morning, anyway, so we would not have been leaving for lunch.
Kemi Badenoch
I will leave the hon. Gentleman’s comments without reply, as we need to get back to the point.
I have talked about the Electoral Commission and the affirmative SI procedure, but there is a further issue with the amendment, of which I think we are all aware. It would require a significant mandatory time delay in making any regulations in future, no matter how small or technical. That could prevent a Government from making essential changes in time for an election if they needed to adapt the processes for issuing voter cards. The Government have worked and will continue to work closely with a wide range of organisations in the development and implementation stages of these measures. Adding a formulaic approach would be prohibitive to the system developing intuitively and responding quickly to evidence that comes out of implementation.
The hon. Member for Lancaster and Fleetwood asked whether I agreed with the remarks made by my predecessor in this Committee. Of course; I am keen to bring secondary legislation to the House as quickly as possible. She asked a lot of detailed questions, many of which I have answered before, and I am conscious that there is much still to work out as we go through further stages of the Bill. The questions that I can answer I will write to her about, but for many of them I am afraid I will refer to my responses to similar questions that have been asked previously. This will have to wait until secondary legislation, so we will not support the amendment.
Cat Smith
I am very disappointed that the Minister has not been able to cover at least some of my questions. I am particularly concerned about victims of domestic violence, who are anonymous on the electoral roll if they have a letter from their local police. I urge the Minister to look seriously at that issue because some of the most disadvantaged and vulnerable people in our communities are likely to disproportionately face barriers because of their ID cards. Presumably it will be difficult to make them valid. The Minister has failed to reassure me that there will be true public scrutiny of the regulations, so I wish to press the matter to a vote.
Question put, That the amendment be made.
Cat Smith
I beg to move amendment 45, in schedule 1, page 73, line 9, at end insert
“, or another eligible voter who has produced a specified document to the presiding officer or clerk on that day attests to the identity of the voter.”
This amendment would allow another voter who has provided ID at a polling station to attest to the identity of a voter who does not have a specified ID with them.
The Chair
With this it will be convenient to discuss amendment 46, in schedule 1, page 73, line 9, at end insert
“, or signs an affidavit in a manner and form as may be prescribed by regulations in the presence of the presiding officer or a clerk.”
This amendment would allow a voter to sign an affidavit confirming their identity in order to vote.
Cat Smith
The amendments would allow voters who do not have ID to still vote, by other means—either through attestation of their identity from another voter or by signing an affidavit to confirm their identify. They would allow voters who are on the electoral roll to still participate when they do not have ID to show. This takes place in other countries that require ID. Indeed, the amendments were very much inspired by conversations with campaigners in the United States, where, in some states, this has gone some way towards ensuring that voters are not excluded when voter ID requirements are in place.
Throughout Second Reading and so far in Committee, we have discussed the vanishingly rare amount of voter personation fraud that occurs in the UK. I need not remind the House that somebody is more likely to be struck by lightning three times than to become a victim of voter personation fraud.
Aaron Bell
The shadow Minister will know that just because there are very few convictions does not mean that there is not a bigger funnel of fraud at the top. The purpose of the amendments is to frustrate the entire purpose of voter ID. The assumption that everybody in the electoral process is a good actor is not one that we can make and not one that Government Members do make. The shadow Minister is talking about allowing somebody to attest to somebody else’s identity; there will be no follow-up check to see whether the right people have been marked off. All the issues that we heard about in the evidence from Peter Golds and others last week would still be permissible under this attestation process. It would still leave open the window for fraud that Government Members are seeking to close.
Cat Smith
I feel like we have rehearsed these arguments quite a few times already, but I will just say this: personation is incredibly rare. We heard that consistently from across the witnesses. Requiring an attestation is another barrier, in the same way as asking for ID is, but it is one that is more easily met by electors who, for whatever reason, do not have ID.
We know that there are some bad actors. If a bad actor is seeking to cast a vote that is not theirs, but they know that they have to have an attestation, that is a further barrier, because it is another chance of being caught out. This is another safety measure that could be brought in that is not as prescriptive and discriminatory, I would argue, as requirements for ID. If I am asked for a form of ID, I may or may not have it, but anyone can make an attestation if they turn up to vote. It would give the polling clerks opportunities to do further checks. It is just a way of ensuring, should voter ID come into force, that we do not exclude people who, for whatever reason, do not have ID or, as in the example I gave earlier, lose their ID on the day, and that they do not lose their right to vote.
I believe that this is a proportional and tried and tested measure that we could bring in to ensure that people are not disenfranchised and do not lose their vote.
Chris Clarkson
I appreciate that, with this amendment, the shadow Minister is attempting to ensure that as many people as possible can access the process, but does she really think that it would act as a deterrent to somebody who had got it in their mind to go through the process of looking at who does and does not vote? I could present myself at the polling station in Lancaster and say, “I’m Cat Smith; I’m here to vote.” Does she think I am then going to sign myself “Chris Clarkson” there? I will simply write that I am Cat Smith and go and cast the hon. Lady’s vote, and then she may turn up later and find out that I have stolen her identity. I have got away with it—I have cleared off.
Cat Smith
The hon. Member makes such a ridiculous point that I do not know where to begin. He highlights just how difficult personation at a polling station is. Were he to turn up at my polling station in Lancaster and claim to be me, I suspect that for several reasons he would probably not get away with it. I do not share his youthful good looks, clearly.
Patrick Grady
The other point, of course, is that if someone was going to all that hassle to cast a vote in the name of the hon. Member for Lancaster and Fleetwood, why would they not just print out a fake passport or one of the other forms of ID in the Bill? If that would be an offence under the Bill, so would making a false declaration—even more so, because the voter would potentially be asking their colleague to sign the attestation that the voter is who they say they are, or the voter would sign an affidavit. That would be an offence; they would still be personating.
Given that the Committee has agreed to the principle of voter identification, should we not look at finding ways to make that as inclusive as possible? I do not understand the hostility from the Government Benches when the Committee has accepted the principle of the need for increased safeguards and identification of voters. Let us find ways to make it as open and inclusive as possible. Once again, the hon. Lady can be confident of the support of the Scottish National party.
Cat Smith
I thank the hon. Member. We are finding an awful lot of common ground on the legislation. In the 2018 and 2019 pilots, we found that when voters were asked for a restrictive form of ID, hundreds of people who did not have it and did not understand that it was needed were turned away. This is a safeguard to ensure that those legitimate voters who were turned away would get a chance to cast a ballot.
Cat Smith
One of the witnesses in our evidence sessions—I cannot remember who it was; perhaps someone can intervene and share it with us—was very clear that no matter what legislation we bring in and how hard we try, bad actors will find a way around it to commit fraud. Even requiring ID at polling stations is not watertight. The hon. Member for Glasgow North made the point very clearly that if someone prints out a fake driving licence or passport, they can suddenly claim to be someone else because they have shown ID, even though it is a forgery. The legislation is not watertight against fraud, so it is about being proportionate.
I believe that the amendment is a proportionate safeguard to ensure that constituents who, for whatever reason on the day, are unable to provide ID are not denied the opportunity to cast a vote. It is used in many US states that have what I would call non-strict ID. It provides some level of protection, but not one that results in people being denied their vote.
Kemi Badenoch
Amendment 45 would allow a voter who has provided a specified form of identification at a polling station to attest to the identity of another voter who does not have a specified identification with them, and therefore enable a ballot paper to be issued to them. Amendment 46 would allow a voter who signs an affidavit confirming their identity to be issued with a ballot paper, even if they have not produced a specified form of identification. We cannot agree to the amendments because they would undermine the entire purpose of the voter identification measure in the Bill: that voters should show photographic identification in order to vote at an election. My hon. Friend the Member for Heywood and Middleton made an excellent intervention on that, which I will come to in a moment.
I remind Members that the principle underpinning the policy is to give voters confidence that their vote is theirs and theirs alone. Personation is by definition a crime of deception. It is very difficult to identify and prove. Photographic identification, more than attestation, virtually removes any risk of it occurring. It is a tried and tested model in the UK. As I said, the 2018 and 2019 pilots found that public confidence in the integrity of elections was higher. Attestation is just nowhere near the level that we need. People being able to create other documents easily is a weak argument. Fake passports and IDs are very difficult, complex things to create. Someone cannot just print a fake passport at their local library. The weakness of the examples that are being given shows that attestation is nowhere close to photographic identification.
We also consider that the decision to issue a ballot paper in a polling station to a voter should rest squarely with the presiding officer or a clerk. We do not consider that it would be appropriate for a voter to have a role in the issue of ballot papers to other voters, in particular as the ballot paper would be issued to a voter who has not shown a required form of identification. We should recognise that there would also be a risk that these provisions could be exploited by the unscrupulous to allow a ballot paper to be issued to a person who is ineligible to vote at an election. Any eligible voter who does not have one of the required forms of photographic identification can apply for a voter card. We will continue to work with multiple stakeholders—local authorities, the Electoral Commission, charities and civil society organisations—to make sure that reforms are delivered in a way that is inclusive for all voters.
I urge Opposition Members not to press the amendment.
Cat Smith
The Minister was obviously not present for our evidence sessions, but it strikes me that, as our witnesses told us that postal voting is where the largest amount of fraud takes place, and as that is a form of voting where photo ID is not required, she is leaving a gaping hole in the risks that she outlined. I am not convinced by her arguments and I would like to press the amendment to a vote.
Question put, That the amendment be made.
Cat Smith
I beg to move amendment 47, in schedule 1, page 73, line 9, at end insert—
‘(1AA) The presiding officer or clerk must—
(a) deliver a provisional ballot paper to a voter who is unable to produce a specified document,
(b) take reasonable steps as may be prescribed by regulations to establish if the voter, had they been able to produce a specified document, would have been entitled to a ballot paper, and
(c) if the voter would have been so entitled, covert the provisional ballot paper to a ballot paper in a manner as may be prescribed by regulations.”
This amendment would allow a voter who does not have a specified ID with them to cast a provisional ballot pending checks on their identity.
The amendment would allow a voter who does not have the specified ID with them to cast a provisional ballot pending checks on their identity. It is another example of an approach used successfully in the United States to ensure that as many people as possible who are legitimate electors are able to cast their vote in an election. In some states, such as Colorado, Florida, Montana, Oklahoma, Rhode Island, Utah and Vermont, voters who do not show required identification may vote on a provisional ballot, and after the close of election day, election officials will determine via a signature check or other verification whether the voter was eligible and registered, and whether the provisional ballot should be counted or be excluded. No action on the part of the voter is required.
Tom Randall
This is the same intervention that I was going to make earlier. The hon. Lady gives some good examples from the United States. I just wondered, as we are a European country, whether there are any examples from European countries that use voter ID. Do they have any of these measures that the Opposition are proposing?
Cat Smith
The reason why I draw examples from the United States is that it does not have a national ID card, in the same way that we do not, whereas the European examples tend to have a national ID card. In that sense, we are more similar to the United States than to the European countries that the hon. Gentleman tempts me to talk about.
In New Hampshire, election officials will send a letter to anyone who has signed a challenged voter affidavit because they did not show an ID. These voters must return the mailing confirming that they are indeed in residence as indicated on the affidavit.
That method has allowed many successful elections to take place without fraud becoming an issue. There have been so many inventive ways to ensure that people do not lose their right to vote under that legislation. I urge the Government to share that imagination and perhaps to listen to some of those examples of good practice from the United States and incorporate them into the UK legislation. I hope the Minister will consider looking at the proposals and at the ways in which some US states do that to support our attempts not only to stamp out fraud, but to ensure that no elector is disenfranchised unduly.
Kemi Badenoch
The amendment would provide that a person who is unable to produce one of the required forms of photographic identification is able to cast a provisional ballot pending checks on their identity. We cannot agree to the amendment. It would mean that the counting of votes and announcement of the final result at an election might have to be delayed while the eligibility of such persons to vote at the election is checked and resolved by elections staff.
Brendan O'Hara
On the length of time, so much of what we heard on Second Reading and today was about the integrity of the ballot and about ensuring that every vote counts and that no vote is there wrongly, but suddenly we seem to have a pivoting on this point, with convenience somehow trumping democracy. The Minister accepted that queues will be longer, because people will have to produce a voter ID card, so are we really saying that the inconvenience of having to check the veracity of somebody’s vote—that it is absolutely correct—is more important than them actually having that vote?
Kemi Badenoch
No, I do not think so. I do not think that the point the hon. Gentleman is making applies to this amendment. Of course, we want every single vote to be counted, but as the amendment is drafted, how long would we have to wait, and what would the procedure be under it?
Brendan O'Hara
The answer would be that we wait as long as we need to get the right result.
Kemi Badenoch
Exactly—that is the point I was coming to. As the amendment is drafted, it could be a way in a marginal election of unduly delaying the announcement of a result. We want to ensure that people do not have their votes taken away and used by others who should not be using them. The examples we saw in Tower Hamlets and so on are part of the reason for the Bill.
Kemi Badenoch
No, I need to make progress—I am looking at the time.
The examples that we gave show why the Bill is needed, and that is not what the amendment would do. It would create an unnecessary administrative process. The focus of the Bill is on ensuring that everyone who is eligible and wants to cast their ballot in person can do so. We are talking about a situation in which someone does not have any photographic identification or a voter ID card, but puts in a provisional ballot only to disappear for who knows how long. Someone refused a ballot paper because they do not produce a required form of photographic identification may try again. If they return with identification, they will get a ballot, and they may make any number of attempts to do so.
Patrick Grady
That does not answer the point that I made on Second Reading and earlier today about what happens if a voter turns up too late in the process, say about quarter to 10 at night, at the last minute, but realises that they have left their photographic identification at home. By the time they get back, they might not be able to get inside to cast their ballot. This nonsense of, “How long would it take?”, could perhaps be addressed in regulations, as that seems to be the Minister’s solution to most of our other problems and questions. Or, if she does not like the competency or the wording of the amendment, is she suggesting that she would be open to a more clearly prescriptive amendment to address some of the points on Report? Perhaps that will be tabled and the Government will consider it at that stage.
Kemi Badenoch
I do not think that the hon. Gentleman has improved his argument by saying that we should not have the legislation because someone might turn up with five minutes left and something could wrong. We do not say that border control should not look at passports because someone might have left theirs at home, so might miss their flight.
The hon. Gentleman’s argument is, I am afraid, weak. We are improving and strengthening the process. There will of course be scenarios that are unpreventable. We have all seen them before, when someone is unable to vote. One of those scenarios, I repeat, is when someone tries to vote and their vote has been taken by someone else. The Bill will fix that, and the amendment would not help.
Points were made about what happens when people change their names. An elector who has changed their name since their photographic identification was issued will be able to bring additional documentation to polling stations to satisfy the presiding officer that they are on the register. The amendment would lead to the creation of an entirely new concept of a provisional vote that would be new to UK elections. It would therefore not be a straightforward process. That could impact on the result being announced in good time, as I have already said, potentially undermining public confidence in the outcome of the poll—something that we cannot have. We are therefore not persuaded of the merits of the arguments or the proposed changes, and we would be concerned about the potential harm they could do to the successful delivery of elections. I urge the hon. Member for Lancaster and Fleetwood to withdraw the amendment.
Cat Smith
I am not entirely reassured by the Minister’s remarks. I know that our Liberal Democrat colleague, the hon. Member for Edinburgh West (Christine Jardine), has a different surname on the electoral roll. The issue of names on documents is a huge problem, particularly for women. It would be good to see an impact assessment, given the Minister’s dual role. I will not press the amendment to a vote, but I ask the Government to look seriously at ways in which we can be more innovative about being inclusive in our actions. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Cat Smith
I beg to move amendment 48, in schedule 1, page 73, line 14 at end insert—
“(1BA) The presiding officer must ensure that a woman presiding officer or clerk is available to confirm privately the identity of a woman voter if that voter so requests.”
This amendment would give someone choosing to cover their face for religious or cultural reasons the option of removing their face covering in the presence of a woman presiding officer or clerk when confirming their identity.
This amendment would give someone choosing to cover their face for religious or cultural reasons the option of removing their face covering in the presence of a woman polling clerk or presiding officer when confirming their identity. The previous Minister advised colleagues that polling staff will be given appropriate training in the checking of voter ID for individuals who choose to wear face coverings or headscarves. Although the Government have apparently guaranteed the use of privacy screens at polling stations to facilitate private ID checks, many voters will feel uncomfortable about the prospect of having to show their face or hair to a polling clerk of the opposite gender.
In an evidence session we heard from Rob Connelly from Birmingham about how there will be an issue in recruiting polling clerks. He said:
“We will have to start reviewing all our polling stations again to be able to have privacy screens in place”.––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 61, Q96.]
I want to acknowledge the fact that there is a lot of pressure on local authorities. It is essential that no one is disfranchised. We also took evidence from Maurice Mcleod, who said:
“It is all very well saying that photo ID should be used, but if you are not supposed to reveal your face to a man who is not in your immediate family, that is really hard. Even if councils say, ‘We’ll make sure there are women, or people who know what should happen, at the polling station,’ there is still that worry in your head, if you are that woman who is not that confident about whatever, and you need to go out and vote. There is still that concern—‘Will I be treated properly? Do they know…my faith needs?’”
––[Official Report, Elections Public Bill Committee, 16 September 2021; c. 97, Q152.]
Will the Minister confirm that her plans include provisions to ensure that there are staff of both genders all day at each of the 35,000 polling stations across the country to ensure that voters will not be placed in an inappropriate position? How much does she expect that to cost? Does she share my concern that many women will simply choose not to vote if they perceive that they are faced with the risk of having to remove their headscarf or face covering to a stranger, particularly a male stranger?
Kemi Badenoch
Amendment 48 would require the presiding officer to ensure that a woman presiding officer or clerk is available to confirm privately the identity of a woman voter if that voter so requests. We cannot agree to the amendment because it would not be appropriate for that level of detail about the staffing of polling stations to be set out in primary legislation. It is for returning officers and electoral administrators to manage the resources that they have for the poll, and there is the concern that introducing such a requirement would severely limit flexibility in the deployment of elections staff, which would make it challenging for returning officers to successfully deliver elections.
Before imposing such requirements and additional burdens on polling staff, it is important to conduct research and engagement with the public to find out if this is something they would find beneficial, or something that would need to be done in all areas. A similar policy of voter identification has been operating in Northern Ireland since 2003, and no such requirement exists there. Certainly, we will look to have this approach as best practice, which may be the more sensible approach, and one that provides more flexibility. I reassure the hon. Member for Lancaster and Fleetwood that initial discussions with electoral administrators have identified a significantly higher presence of female than male staff working in polling stations which, anecdotally, has been my own experience.
We consider it impractical to introduce the strict requirement proposed by the amendment, which could potentially prevent polling stations from being able to operate. I have said previously that we are going to be as inclusive as we reasonably can with this legislation. I am happy to reassure the hon. Lady that polling station staff will be given appropriate training, as she mentioned, and there will be a requirement for privacy screens to be placed in polling stations, allowing for those who wish to have their ID viewed in private. On that basis, the Government cannot support this amendment.
Cat Smith
Without this amendment, I fear we risk a postcode lottery, where many women will be very anxious about the prospect of voting without the guarantee of a female poll clerk to verify their identity. For that reason, we would like to have a vote.
Question put, That the amendment be made.
The Chair
With this it will be convenient to discuss the following:
Amendment 50, in Schedule 1, page 75, line 9, at end insert—
“(o) an 18+ Student Oyster photocard;”.
Amendment 51, in Schedule 1, page 75, line 9, at end insert—
“(o) a National Rail Railcard;”.
Amendment 52, in Schedule 1, page 75, line 9, at end insert—
“(o) a Young Scot National Entitlement Card;”.
Amendment 53, in Schedule 1, page 75, line 9, at end insert—
“(o) a firearms certificate granted under the Firearms Act 1968;
(b) a digital ID (such as the NHS app, EU settled status app or Railcard app).”.
Cat Smith
Despite losing many votes this afternoon, I do hope that the Government might be open to the idea of looking at various different IDs that we can add to the list of valid IDs in the Bill.
There are many aspects of the Bill that I find quite shocking and, arguably, undemocratic. The fact that people are unable to use student IDs or 18-plus Oyster cards to vote is an attack on young people’s ability to take part in our democracy. It is something that falls to all of us, as Members of this House, to ensure that the next generation engage with democracy. There is an oversight, in that, the legislation does allow for travel passes for older voters to be used, but not for younger voters who have similar passes.
The inclusion of student IDs that contain photographs and names would be an improvement to this Bill. I hope the Government considers this, as it is incredibly important that we engage young people in our democracy. We have seen in other parts of the United Kingdom, where 16 and 17-year-olds have a vote, that if they use their vote when they are 16 or 17 they are more likely to develop a habit of voting and taking part in democracy.
This goes back to my first argument: that our democracy is stronger, and it is harder for bad actors to influence it, when we have higher participation. This amendment seeks to increase that participation, to ensure that more forms of ID are included on the list in the Bill. It cannot be right that some IDs seem to be valid and some IDs seem not to be valid.
Patrick Grady
The hon. Lady is absolutely right about the enthusiasm with which 16 and 17-year-olds in Scotland have participated in ballots and plebiscites since they have had the opportunity to do so, and how frustrating many of them have found it when a UK snap election has come along—the pattern in recent years—that they cannot participate in. I particularly welcome amendment 52 including the Young Scot National Entitlement Card as a form of ID, because it is already recognised in law by the Scottish Government and Police Scotland as an acceptable form of proof of age. I will be very interested to hear it if the Government decide that they oppose the suite of amendments that we are currently debating, because why, having accepted the principle of photographic identification, would they then want to narrow the scope and narrow the chances of people being able to demonstrate who they are? It just seems a bit bizarre.
Cat Smith
I completely agree with the hon. Member. His intervention gives me the opportunity to put it on the record that the Welsh Labour Government have also recently extended the franchise to 16 and 17-year-olds and seek to make participation in democracy something that is easy to do yet still secure. On that note, I look forward to hearing the Minister’s responses as to why young people are seeing more barriers put up to their voting than already exist.
Kemi Badenoch
The amendment would ensure that further forms of photographic identification would be allowed in order to vote at a polling station. We cannot agree to the amendment, because the forms of identification currently in the Bill were chosen following a detailed assessment of a wide variety of photo identification.
Kemi Badenoch
I can actually answer the question, because I asked it myself; I thought it was an interesting point. The reason is that the requirements when applying for those types of card are different. Getting a 60+ Oyster card is a significantly more stringent process. People need a passport, driving licence or combination of different proofs of age and address to apply for the 60+ Oyster card. People do not have to have that for the 18+ Oyster card, for example. We have gone through and looked at what the basis for stringent checks would be. The point I am making is that we considered the level of security checks required to get each type of identification and the likelihood that someone holding further forms of identification would already hold one of the permitted types of identification. That is why this is the case.
Brendan O’Hara
My question is on the specifics. We have been talking about a card that is accepted by the Scottish Government and, indeed, by Police Scotland. Why specifically is the Scottish young person’s national entitlement card not accepted for this purpose?
Kemi Badenoch
I am sorry, but I do not know the details of the Scottish entitlement card. Perhaps if I can see the reasons and the application process for that, I might be able to give an example. I have given the basis for how the decisions were made. I cannot comment on various forms of identification used in various places, I am afraid.
The list of identity documents that will be permitted for the purpose of voting at polling stations that is included in the Bill is already broad. That said, it is recognised that available forms of identification will change over time, and that is why the Bill includes provisions to allow the list of acceptable identification to be updated through secondary legislation. For example, there are plans for online provisional driving licences, which will be considered for inclusion if appropriate. We completely understand the need to make sure that as many people as possible are able to get the ID that they need, and we feel that this provision and the free voter card are enough to make sure that voters will have the identification required, so we will not support the amendment.
Cat Smith
As the legislation stands, it is disappointing that the Minister has not been able to present convincing evidence on several forms of identity in this group of amendments. I hope that she takes this opportunity to look particularly at the Young Scot card, which is accepted by the Scottish Government, in order to at least present to the Committee the patterns of thinking as to why that was not as secure as, say, the 60+ Oyster card in London, because I think that would be of benefit to the Committee. I hope that the Government will be looking to make the list, while being secure, as inclusive as possible. And I would wish to have some votes, Sir Edward.
Elections Bill (Eighth sitting)
Tuesday 19th October 2021
(3 years, 2 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Chair
Before we begin, I have a few reminders for the Committee—you heard them this morning, but I am required to repeat them. Could you please switch electronic devices to silent? I encourage all Members to wear masks when they are not speaking, in line with Government guidance and that of the House of Commons Commission. Please also give each other enough space when seated and when entering and leaving the room. Hansard colleagues would appreciate it if Members could email their speaking notes to hansardnotes@parliament.uk.
We now resume line-by-line consideration of the Bill. Members wishing to press a grouped amendment to a Division should indicate when speaking to it that they wish to do so.
Clause 6
Requirement of secrecy
Question proposed, That the clause stand part of the Bill.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
The clause concerns the important issue of the secrecy of the ballot for postal and proxy voters. Its purpose is to extend the requirements in place to protect the secrecy of voting for persons voting in polling stations to those voting by postal vote and proxy voting. This change implements a recommendation in the Pickles report, which found that:
“The secrecy of the ballot is fundamental to the ability of voters to cast their vote freely without pressure to vote a certain way.”
This is an important measure to keep our elections up to date, particularly as the rise of digital communication channels and social media could increase the risk that voters experience undue pressure and are compelled by inappropriate influence to take a photo of their postal ballot to show how they have voted. That goes against the fundamental democratic principle that someone’s vote is personal and secret, and we believe that it is unacceptable.
The measure will prevent a person from seeking to find out or communicate information about someone else’s postal vote, such as how the person has voted. The safeguards will also apply to the postal votes of those acting as a proxy for another elector. Additionally, a proxy will not be permitted to disclose information about how they voted, other than to the elector who appointed them. The existing offence in section 66 of the Representation of the People Act 1983 will apply to anyone who contravenes the new provisions related to postal and proxy votes. Voting by post or a proxy are perfectly valid ways in which an elector can choose to cast their ballot and should be protected by the same level of secrecy as in-person voting.
The clause also makes an important change to the existing requirement for a person who assists a blind voter in a polling station to maintain the secrecy of voting. That requirement will be extended to a person assisting a voter who has another disability or who is unable to read.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairship this afternoon, Ms Ali. Clause 6 extends the requirement of secrecy to proxy and postal votes, which is a right and proper move. It is fundamental.
The Minister raised in her remarks the principle of free and fair elections. There are many principles that we need to adhere to if we are to have free and fair elections, and there are many things we could do in the Bill to extend those free and fair elections that would improve the Bill.
We support clause 6, but we have a couple of questions. Someone photographing a postal vote and perhaps posting it on their Instagram because they are proud of how they voted is very different from someone taking a photograph of their ballot paper because another person is putting pressure on them to prove that they have voted a certain way. Does the Minister agree that those are two very different issues? How might the provisions of the clause be implemented to differentiate between those two examples? There are those who may be pressured to act in a certain way and to photograph their ballot paper to prove it, but I am sure that all Committee members know of party activists who photograph their own ballot papers and post them on Twitter, saying how proud they are to vote for the A. N. Other party candidate in an election. Those are two very different things. Will the Minister highlight how she envisages that they will be differentiated?
Kemi Badenoch
That is an important distinction to make. There are people who inadvertently break the law and those who do it for a different reason. We are trying to prevent failure to maintain secrecy because of undue influence. We will discuss undue influence more generally in the next clause, but this clause ensures that people are not being made to do things that they would not ordinarily do just to prove who they have voted for.
The offence is already in law, so we are not doing something new but extending the offence to postal and proxy votes. We will be carrying on as we are at the moment, but ensuring that the standards for postal and proxy votes are brought up to the same level as those for in-person voting.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Undue influence
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 4 be the Fourth schedule to the Bill.
Kemi Badenoch
It is a core tenet of our democracy that electors should be able to cast their vote free from interference and intimidation. Although it is already an offence to unduly influence an elector, the legislation has not been substantively updated since the 19th century. In the “Protecting the Debate” public consultation, 100% of respondents agreed that the law on undue influence requires greater clarity. The outdated legislation needs to be updated to provide electors with the protection they deserve.
Clause 7 therefore updates the existing electoral offence of undue influence in section 115 of the 1983 Act. It clarifies the types of activity that amount to undue influence, including physical violence, intimidation, damage to a person’s property or reputation, or deceiving a person in relation to the administration of an election. By broadening the scope of what constitutes elector intimidation for the purposes of undue influence, this measure helps to address the concerns raised by both the Pickles report and the Tower Hamlets election court that undue influence currently
“does not penalise thuggish conduct at polling stations of the sort that occurred in 2014”.
The clause maintains the existing offence’s reference to undue spiritual influence, as recommended by the independent Pickles review on electoral fraud. Given their charisma and authority, some spiritual leaders are uniquely able to abuse a person’s religious convictions to change their voting behaviour. However, I also recognise that a degree of spiritual influence is inherent in all positions of religious or spiritual authority.
Undue behaviour does not include, for example, a religious leader expressing their opinion on political or policy matters that have implications for the principles of that religion. It would also not apply in the case of religious groups for whom not voting is an established doctrinal position. It is only when spiritual influence becomes a form of improper pressure that it amounts to undue influence. I want to emphasise that this clause has been crafted to promote the genuine enjoyment of both the freedoms of religion and expression and the right to vote in elections free from spiritual harm or pressure.
Finally, schedule 4 ensures that if a person is guilty of undue influence in relation to any electoral event anywhere in the UK, the resulting incapacity—a 5-year ban on being elected to or holding certain offices—should apply consistently to elected offices across the UK.
The clause makes undue influence clearer to interpret and enforce, and I therefore urge that the clause and its associated schedule stand part of the Bill.
Cat Smith
I thank the Minister for her remarks and echo the fact that for many of us, our politics and our faith are entwined. Indeed, our faith backgrounds often influence our politics and guide our values, so I am glad for her clarification and remarks.
The report that she highlighted recommended improvements around the existing corrupt practice of undue influence, which is subject to an offence designed to protect electors from malicious interference and intimidation. The main purpose of the clause is to clarify the activities that constitute undue influence in order to make the legislation easier to interpret. For that reason, the Opposition will support it.
We are pleased that Ministers backed away from creating a new offence, given that the existing criminal law is perfectly capable of dealing with intimidation and harassment. The enforcement of the law is the problem, and an update of section 115 of the 1983 Act, which, as the Minister pointed out, originated in the 19th century, is long overdue.
Although we welcome the clause, it is just a small step forward. We are disappointed not to see the comprehensive and joined-up reform of electoral law that is required.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 8
Assistance with voting for persons with disabilities
Patrick Grady (Glasgow North) (SNP)
I beg to move amendment 60, in clause 8, page 11, leave out lines 16 to 27 and insert—
“(a) in paragraph (3A)(b), for ‘a device’ substitute ‘equipment’;
(b) after paragraph (3A)(b) insert—
‘(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.’;
(c) after paragraph (3A) insert—
‘(3B) In paragraph (3A)(c), “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of a disability.’”
This amendment would retain the requirement for returning officers to make specific provision at polling stations to enable voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion and change the nature of that provision from “a device” to “equipment”.
Patrick Grady
It is a pleasure to serve under your chairmanship, Ms Ali.
The amendment, which was tabled in my name and that of my hon. Friend the Member for Argyll and Bute, is pretty straightforward and simple. It preserves and enhances current provisions and protections for blind and partially sighted people, while incorporating the Government’s new provisions for people with all other kinds of disabilities to be fully supported when casting their vote. The 1983 Act, as amended, provides that:
“The returning officer shall also provide each polling station with—
(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted”.
I am sure that we are all familiar with seeing the big ballot papers up, and I think that they are probably a help for most voters going into the polling station, irrespective of whether they are partially sighted. The Act states that the returning officer shall also provide:
“(b) a device of such description as may be prescribed for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion”.
Clause 8 removes subparagraph (b) and replaces it with a more general requirement for returning officers to provide
“such equipment as it is reasonable to provide for the purposes of enabling, or making easier for, relevant persons to vote in the manner directed by rule 37.”
During the oral evidence sessions, the previous Minister, the hon. Member for Norwich North (Chloe Smith), argued that the provision expands and enhances the duties of returning officers and will not diminish the support currently available for blind and partially sighted people. I suspect her successor will say the same. That does not necessarily reflect the reality on the ground. Even with the current RPA requirements, the Royal National Institute of Blind People estimates that four in five blind people cannot vote independently and in secret. Its researchers found that 46% of blind and partially sighted people—less than half—are satisfied with their experience of voting, and at polling stations nearly two thirds of blind people, 61%, and a third of partially sighted people, 32%, had to get another person to help them to vote.
I am sure that Members have read the written evidence submitted to the Committee by the RNIB—EB04—which contains some quotes from respondents to the survey and research that the RNIB has carried out. One says
“The lady had to read out the candidates to me and point out the one that I wanted to vote for. It was slightly humiliating… Don’t get me wrong—the ladies were lovely and kind but it wasn’t secret or independent.”
Another said:
“I usually have my partner with me to help, which makes things easier, but today I was alone, which made me realise just how dependent I am on others. Very negative from start to finish.”
That evidence went on to say:
“In 2019, a Judicial Review found the Government’s current provisions to support blind and partially sighted voters unlawful, with the judge describing existing provisions as ‘a parody of the electoral process’ because of the inability for voters to review the ballot paper independently using equipment provided and then make their mark.”
That is 150 years since the Ballot Act 1872 provided for everyone to have the right to vote in secret.
I suspect that we will hear from the Minister that the Cabinet Office—well, it was the Cabinet Office, but perhaps it is now the levelling-up Department or whoever is in charge—or the Government collectively are engaging with the RNIB to update the technology to improve the provisions. That is great, and that is a simple matter of fact: they are working with the stakeholders and that is welcome. However, the same stakeholders are clear that the Bill as drafted represents a diminishment of the current rights afforded to blind and partially sighted people.
Kemi Badenoch
Although the Government share the aim of elections being accessible to all voters, we cannot agree to the amendment because it is needlessly prescriptive. I listened carefully to the hon. Gentleman’s arguments, which were not bad ones. I understand what he is saying, but we disagree on what the clause is trying to do.
I emphasise firmly that the principle underpinning the change is to make elections more accessible to a wider range of disabled voters. I welcome the hon. Gentleman’s agreement with the provision to include, for the first time in law, a requirement for returning officers to consider the needs of voters with a wide range of disabilities when providing equipment for polling stations. However, I do not agree with the proposal to keep a piece of specific, prescribed equipment for one subset of disabled voters.
Our experience with prescribing assistive equipment in law is that it can become an obstacle to wider inclusion and innovation more generally. A prescriptive approach in legislation makes changes difficult when better solutions are developed, and it also becomes an impediment to their development. We believe it is better to allow returning officers that flexibility to tailor the equipment they provide to suit the needs of voters in their area.
Fleur Anderson (Putney) (Lab)
Has the Minister been able to meet the RNIB? I have met its representatives and heard their concerns, and we have all seen their written evidence. They discussed their concern about the word “reasonable”, as it will not widen access to means of voting but reduce it because there will be inconsistency: what is deemed reasonable will be different at different polling stations, instead of being consistent for all people. That may mean that instead of access being widened there will actually be nothing.
Kemi Badenoch
I have not personally been able to meet the RNIB, but I believe that officials and possibly my predecessor did—[Interruption.] My officials are confirming that that is the case. We have seen its evidence and we believe that these changes are proportionate. We do not expect the outcomes that the RNIB has outlined to necessarily be the case.
I am a patron of a sight organisation in my constituency called Support 4 Sight, and I have discussed the issue with its representatives. They raised this legislation with me during a surgery and I was able to reassure them. I will be happy to write to the RNIB, as the Bill progresses and as we consider the secondary legislation, to see what other reassurances we can provide for it.
Sorry, I have lost my place in my notes—bear with me just a moment.
Jerome Mayhew
Perhaps the Minister will be interested to learn that one of the pilots for new equipment for people with disabilities—particularly the blind—was undertaken in my constituency. I had a meeting with the chief executive of my local authority to discuss how that pilot went; it was quite small, involving, from memory, seven to 11 people, but the new equipment did seem to voters’ experience. Is the Minister concerned that there will be a dead hand on innovation if we are too prescriptive in the drafting of the clause?
Kemi Badenoch
I do thank my hon. Friend for that intervention—[Laughter.]
As I was saying, it is better to allow returning officers the flexibility to tailor the equipment they provide to suit the needs of voters in their area. The new requirement will also be supported by Electoral Commission guidance, which will be developed in conjunction with organisations representing a wide range of disabled people and will support returning officers to make positive decisions to support disabled electors. Retaining a specific prescriptive requirement is an unnecessary obstacle to inclusion, as I mentioned earlier; it is also a significant challenge for those who administer elections, as I am informed we heard in evidence to the Committee before I took up this post.
I would like to provide a little additional reassurance to the hon. Member for Glasgow North. I understand the problem that he believes he is trying to solve. It is important to emphasise that we are not removing the requirement to support blind and partially sighted voters; we are only changing how that is delivered. The current requirement is too restrictive: providing only a single device is an obstacle to innovation and wider inclusion. Our approach will ensure that the most suitable support is provided at polling stations.
The hon. Member for Putney referred to the RNIB, and I can provide additional reassurance. We are trying to make elections as accessible as possible for all those eligible to vote. That is why, for example, we are removing restrictions on who can act as a companion to support electors with disabilities to cast their votes. For the first time in electoral law, we are also putting in place a broader requirement in respect of equipment at polling stations, and that should help more disabled people.
What we are doing will provide additional accessibility, as I will discuss when I speak to clause 8. We respectfully ask that the amendment be withdrawn.
Cat Smith
I congratulate the hon. Member for Glasgow North on tabling this amendment. It was so good that I tried to table exactly the same amendment a day after him, but he beat me to it, so he is nimble on his feet as well. We share the concerns that he and the RNIB have raised that the Bill weakens protections for blind and partially sighted voters by removing the limited legal protections that used to exist. Removing the requirement to provide tactile voting devices leaves blind and partially sighted voters somewhat to a postcode lottery.
I see where the Minister is coming from, but I disagree. While she sees it as prescriptive and stifling innovation, I see it as providing a baseline for a level playing field. That does not stop returning officers being innovative. Obviously as technology advances we will come across things that will help us to make voting more accessible for people of many disabilities or impairments. The legislation as it stands creates the risk of a postcode lottery with different systems being used in different areas. Although that might open up to innovation, it risks leaving some blind and partially sighted voters without adequate systems in place to help them to vote in secret and independently.
The RNIB has been consistent and has done excellent reports after every major national election outlining just how few blind and partially sighted voters get the opportunity to vote independently and in secret. It is something that I have raised many times over the years and I had higher expectations for the Bill. I am disappointed that clause 8 does not go far enough. We support the general gist of the clause in terms of making voting more accessible for those with disabilities, but it really only scratches the surface of the quite radical action that is needed to make our democracy more accessible to disabled people.
I share the concerns of the disability charity Sense that the Bill could have the dangerous consequence of removing the fundamental principle that electoral staff must enable voters to vote without any need for assistance. Although a broader duty designed to enable all disabled people to vote is a good thing, the wording of the new duty does not carry over the previous requirement to enable voters to vote without any need for assistance. As a result, I think polling stations will not be required to ensure that disabled people can vote independently. I seek the Minister’s clarification on that.
Brendan O’Hara (Argyll and Bute) (SNP)
It is a pleasure to speak in this debate, though I am greatly disappointed both in the Minister for not having met with the Royal National Institute of Blind People and in my hon. Friend the Member for Glasgow North. She said that she listened carefully to his argument, and if he had just been more persuasive, this could have been the first time in 38 years when a Minister was persuaded to change her mind. Really, Minister? Let us be honest: this amendment is never going to pass because the Government have an entrenched position on it, and they were never going to listen to reasonable and decent arguments put forward by a reasonable and decent charity.
Fundamentally, voting is a visual exercise, and the frustration and humiliation felt by blind and partially sighted people at their inability to vote independently and in secret has been an open sore for many years. This afternoon, Government Members have talked extensively about secrecy and the privacy of the ballot, but that does not seem to extend to blind and partially sighted people. There are currently 350,000 voters in the UK who cannot vote without having to share their preference with a returning officer or anyone who happens to be within listening distance. Four fifths of blind or partially sighted people said that they were unable to vote independently and in secret.
Respondents to the RNIB survey said such things as:
“The voting booth was right beside the queue for the check in desk; it wasn’t closed off and I had to verbalise my choice to my partner…a person, waiting in the queue beside the booth, audibly sighed. I don’t feel I get privacy”.
Another respondent said:
“My helper disagrees with my vote and I have no way to be sure she voted as I wished”.
Another said that
“it’s a totally humiliating experience from start to finish,”
and the whole thing is predicated on
“assumptions that everyone can see.”
Things are far from perfect at the moment, but the RNIB, which is the UK’s leading sight loss charity, is extremely concerned that the Bill will make a bad situation even worse, as it weakens the protections that exist and could make it even harder for blind or partially sighted people to cast their vote independently and in secret. Could the Minister tell me what experience the Government have and what expertise they drew upon in reaching their conclusion that the RNIB does not have? What sources of evidence did they seek to get to this point that the UK’s leading sight loss charity, which she has not met, does not have?
Patrick Grady
The Minister said that the Government are not removing existing protections, but that is exactly what they are doing. They are literally removing the existing provisions in the RPA and putting in a different clause. She said that the amendment would be needlessly prescriptive, but the amendment simply retains the current legislation and the language that is currently in the Bill, thanks to the ingenuity of those who helped us to draft the amendment.
As all Opposition Members who have spoken have said, the concerns are raised clearly by the RNIB. I refer again to the written evidence that it submitted. In paragraph 2.7 it said that
“in the revised wording proposed, an individual returning officer could in theory decide that even the tactile voting device is not ‘reasonable’ to provide, lessening the accessibility of voting even compared to today.”
To the point that the hon. Member for Lancaster and Fleetwood made, the RNIB also said:
“Moving the decision regarding what adaptations to provide to returning officer level would result in even more of a patchwork of provision and make it very difficult for blind and partially sighted people to know what to expect and to obtain the adjustments they need, damaging the ability to vote independently even further.”
The amendment would retain the Government’s wording and what is in the existing legislation, so we are providing a double level of support for blind and partially sighted people, and other people who require specific reasonable adjustments. I did not quite catch what the Minister said in response to the intervention on whether she had met with the RNIB. It is understandable that she is new in post and has not had time to meet with it, but I hope that she was not saying that she would not meet with it in future. I hope that she will give an undertaking to do so.
I am disappointed that the Government are not supporting the amendment, and I think that blind and partially sighted people who are following these proceedings would also be disappointed if we did not test the will of the Committee by pressing the amendment to a vote.
Question put, That the amendment be made.
Elections Bill (Seventh sitting)
Tuesday 19th October 2021
(3 years, 2 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Chair
Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk.
We now resume line-by-line consideration of the Bill. The selection and grouping list for today’s sitting, which is available in the room, shows the order in which selected amendments will be debated. I remind Members that decisions on amendments do not necessarily take place in the order they are debated; it happens in the order they appear on the amendment paper. Members who wish to press a grouped amendment to a Division should indicate that they wish to do so when speaking to it.
We now return to where we left off on 22 September, with amendments to schedule 1. I remind Members that we have already debated clause 1 stand part, and therefore it is not orderly to open up a further debate on the principle of voter identification. I expect focused debates on the amendments in question.
Schedule 1
Voter identification
Fleur Anderson (Putney) (Lab)
I beg to move amendment 54, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a ‘specified document’ also means a poll card.”
This amendment would enable someone to vote by presenting their poll card as an alternative to photo ID.
To recap from where we left off, the Opposition feel that there is no need for the reforms listed in the Bill. They will reduce people’s ability to vote, they will suppress voting and they are disproportionate to the risks identified. They will have a huge impact on councils, be very unwieldy, potentially have an impact on frontline services delivered by councils and be very expensive.
The Government’s own pilot programmes threw up many issues regarding the ability to vote in different circumstances. Different trials were used, including on the use of a polling card, which showed many ways in which barriers to voting can be overcome—not the ways that appear in the Bill. There are also questions about whether people will be turned away on polling day, and that is why the amendment would include the use of a polling card.
To explain the context, several of the pilot schemes in 2018 and 2019 that were commissioned by the Government asked voters to bring their polling card as a form of identification, or some form of photo ID if they did not have it. The results make for interesting reading. In the 2018 voter ID pilot in Swindon, 95% of voters produced their polling card instead of another form of ID. It was much more accessible to them, and Swindon recorded the lowest percentage of voters not returning with correct ID of all the 2018 pilots, at 0.06%. The Watford pilot saw 87% of voters produce their polling card instead of an alternative form of ID, and only 0.2% of voters did not return with the correct ID.
The poll card pilots in 2019 recorded lower percentages of voters being turned away than the photo ID or mixed ID and polling card models. In the poll card pilots in Mid Sussex, North West Leicestershire and Watford, 93% of voters produced a poll card instead of the alternative form of ID. It is clearly highly preferential for voters, and we want to make voting as easy as possible while making it safe and maintaining integrity.
The impact assessment to the Bill states that the implementation of voter ID could cost up to £180 million over 10 years. As we heard in the evidence sessions, that is not entirely known because not all councils have given in assessments. They do not know how many staff it will take or what the cost will be. Of that total, £80 million could be spent on the updated polling cards, which will notify voters of the new requirements. The proposal is to move to an A4 polling card, to be posted in an envelope. If that much is being spent on polling cards, why not use them at the polling station?
Aaron Bell (Newcastle-under-Lyme) (Con)
Does the hon. Lady accept that, notwithstanding what she said about safety and making it easy, she has not addressed the security element of knowing the person who turns up is the person named on the polling card? In many cases, polling cards can be stolen. I am thinking in particular of when they are posted to pigeonholes in higher education institutions. That has been a real problem in previous elections, and the Opposition’s amendment does not address that.
Fleur Anderson
The issue is parity with postal votes. If someone is to have a postal vote, they need to prove that they are living at the relevant address. That applies to polling cards as well; there is consistency.
The hon. Gentleman says that things can be stolen from a higher educational establishment, but that issue should be addressed by the establishment. The same could happen to postal votes, which would be a big concern. Making polling cards safe would be the same as making postal votes safe, so why not use polling cards?
Aaron Bell
I thank the hon. Lady for giving way again. The difference, of course, is that a postal vote requires a signature. Someone could literally take a polling card out of another person’s pigeonhole and present themselves at a polling station saying, “I am Joe Bloggs.” They would be given a vote. That is how things are at the moment, and that is what we think needs to change.
Fleur Anderson
When someone is applying for a polling card, they have to prove that they live at the relevant address. The overall issue is that voting is reduced; people might not necessarily want to go to vote if they find it at all hard. On polling day, we and other people will go to people’s houses, knock on their doors and say, “You can go down and vote.” Despite all the advertising that will happen ahead of time, they will say, “Oh, I don’t have my photographic ID—I haven’t yet got it.” We saw from the pilots how things could be so much easier.
Paul Bristow (Peterborough) (Con)
Does the hon. Lady recognise, like me, that one of the most common experiences on the doorstep is someone saying that they have lost the polling card itself and have seen that as an entry into voting? Nine times out of 10, when someone has lost something it has been the card itself. I say to them, “You don’t need that—you just need to say your name and address.” Has she had that experience?
Fleur Anderson
Different people will have different ID. If we open up the forms of ID that people can take, we make it more likely that they will vote. Many people will have lost their photo ID. Some people do misplace their polling card in their pile of post and so do not have it to hand. We can say at the moment that they can just go down to the polling station, but the Bill introduces an extra barrier of people having to find their photographic ID—their passport or driving licence. If a polling card is a high barrier, photographic ID is even higher. My amendment would lower the barriers to voting and enable more people to get involved in democracy, which in the end would make decisions better. The Bill would increase the barriers.
Cat Smith (Lancaster and Fleetwood) (Lab)
I have been reflecting on what my hon. Friend has been saying. I recently had to send off my driving licence to update my address, and that happens to have coincided with the expiry of my passport. Normally I have two forms of photo ID, but at the moment I do not. Could this legislation not end up affecting people who would normally have forms of ID and therefore would not necessarily apply for the voter card, but who due to circumstances may occasionally disenfranchise themselves accidentally?
Fleur Anderson
My hon. Friend makes a very good point. There are many circumstances in which someone might just not have that photographic ID to hand. My children go off, use their photographic ID in a nightclub and do not return with it. There are so many reasons why it might be hard to find that photographic ID. If people find it hard to locate their polling card on the day—I accept that sometimes they do—they will find it even harder to find their photographic ID.
This amendment is so important. The polling card would give people huge reassurance that they will be able to go down and vote. If the amendment is not agreed to, that will be taken away. The amendment is logical and supported by plenty of evidence from the pilot schemes themselves. I urge the Minister to support it.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
If I may, Sir Edward, I want to take time to acknowledge the tragic loss of Sir David Amess. He was a fellow Essex MP to me and my hon. Friend the Member for Castle Point. He was a truly beloved friend and colleague who served both Parliament and Southend West for nearly four decades with dedication and care.
It is particularly poignant that we should be debating the Elections Bill at this point. The act of violence that occurred on Friday was abhorrent. Violence and intimidation cannot be tolerated in any circumstance and must have no place in our public life. No one should feel afraid to participate in our democracy or to represent their community, and tackling intimidation in public life is a top priority for the Government. There are measures in the Bill that seek to introduce a new electoral sanction against anyone found guilty of intimidating a candidate or elected representative, but this is a problem that no one measure alone will address. That sanction is just one part of a much wider effort by the Government to tackle intimidation and violence in public life.
Amendment 54 would allow a voter to use their poll card as a form of identification under the new system being introduced by the Bill. The amendment effectively defeats the purpose of the Bill. We cannot agree to it because the requirement to provide a form of photographic identification is the best way to secure the electoral system against fraud and to stamp out the potential for it to take place at polling stations in elections.
My hon. Friends have made the argument already, but I should also say that when evaluating the security strengths and weaknesses of each pilot model the Electoral Commission found that
“the photo identification only model has the greatest security strengths compared with the other models”.
A poll card can easily be intercepted, particularly for those living in shared accommodation, and so cannot be used as a form of identification. It is simply not secure enough. That is why we are requiring voters to provide photographic identification.
The Chair
Before we continue the debate, I echo what the Minister said on behalf of all members of the Committee about our colleague Sir David Amess. I entered Parliament with him 38 years ago, with over 100 MPs. Many of them rose to great distinction; at least two became Prime Minister. Sadly, there were only three of us left from that intake, and there are now only two. I say to Back-Bench Members that the career of David Amess shows that it is wonderful to be a Member of Parliament and to be a Back Bencher, even for your whole career, so keep campaigning, intervening and talking about the causes that you hold dear.
Patrick Grady (Glasgow North) (SNP)
I was inspired to say a few words, not least by your intervention, Sir Edward. I pay tribute to both Sir David Amess and James Brokenshire, whom I held in the highest regard. I express my condolences to everyone affected by their loss, and may they both rest in peace.
I was also inspired to speak by the contribution from the hon. Member for Devizes about people who, when we are out doing our knock-ups on polling day, say, “I’ve forgotten my poll card.”
Patrick Grady
I do beg your pardon—it was the hon. Member for Peterborough. They will need to fix the lighting for the next round of parliamentary photographs. I do apologise, but the point stands that it is an experience that we have all had. We knock on the door and people say, “I’ve lost my poll card. How can I vote now?”. Currently, we can reassure them by saying, “You don’t need your poll card. Simply identify who you are and your name will be ticked off the list.” That shows the attachment that people have to their poll card. A lot of people think that their poll card is required as a form of ID to vote. As campaigners standing at polling stations, we see people turning up to vote and bringing their poll card with them because of the attachment that they have to it as a document. It helps to inspire their right to vote, so in that sense it works in both directions.
Now when we are on the doorstep, we will have to say to voters, “You need to bring a form of identification with you to vote.” Under the schedule, that has to be a particular form of voter identification. If we were able to say, “You’ve got your poll card. That’s great. You can take that down. That will verify your identity and you’ll be able to take part in the poll,” that would make it even easier for people to comply with the legislation that is under consideration.
On the notion that people could go around harvesting poll cards from university dockets—not to go back to the original clause, Sir Edward—we have heard that instances of that are extremely few. It is already a crime. If someone turns up with more than one poll card, that is personation. I have every faith that in our current electoral system, individual polling clerks will realise, if a voter turns up with two cards, that they are only one person, and they will not be allowed to cast two votes. They would there and then be done, and were it determined that a candidate had been responsible for encouraging them to do that, the candidate would be disqualified from the election.
The amendment, and those that we will discuss shortly, would help as many people as possible to comply with the new requirement that people have a form of identification in order to cast their vote. Opposition Members are trying to expand people’s opportunities to comply with that requirement, and the Government’s opposing it demonstrates what the real intent is behind the clause and the Bill as a whole, which is to make it more difficult for people to vote, which is a dangerous route to go down.
Fleur Anderson
I echo your words, Sir Edward, and those of the Minister, about Sir David Amess. I send my sincere condolences to his family, his staff and his constituents. We all feel his loss greatly. Sir David chaired many debates that I took part in. As a new MP, I do not know an enormous number of MPs, but I felt that I knew Sir David, so that was the measure of him.
I am disappointed that the Government will not accept the amendment, but I urge the Minister to please look into and assess the impact on voting when the Bill comes into force. It will have a big impact. Can we please continue with the pilot so that we can assess the impact of not being able to use a polling card, and keep the door open to make sure that there is the potential for everyone to vote by using a polling card?
Question put, That the amendment be made.
Fleur Anderson
I beg to move amendment 55, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a ‘specified document’ also means a utility bill dated within 3 months of the date of the poll.”
The Chair
With this it will be convenient to discuss the following:
Amendment 56, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a ‘specified document’ also means a valid bank or building society debit card or credit card.”
Amendment 57, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a ‘specified document’ also means a birth certificate.”
Amendment 58, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a ‘specified document’ also means any of the following documents (in whatever form issued to the holder)—
(a) a driving licence;
(b) a birth certificate;
(c) a marriage or civil partnership certificate;
(d) an adoption certificate;
(e) the record of a decision on bail made in respect of the voter in accordance with section 5(1) of the Bail Act 1976;
(f) a bank or building society cheque book;
(g) a mortgage statement dated within 3 months of the date of the poll;
(h) a bank or building society statement dated within 3 months of the date of the poll;
(i) a credit card statement dated within 3 months of the date of the poll;
(j) a council tax demand letter or statement dated within 12 months of the date of the poll;
(k) a P45 or P60 form dated within 12 months of the date of the poll;
(l) a standard acknowledgement letter (SAL) issued by the Home Office for asylum seekers;
(m) a trade union membership card;
(n) a library card;
(o) a pre-payment meter card;
(p) a National Insurance card;
(q) a workplace ID Card.”
Fleur Anderson
Amendments 55 to 58 include other forms of identification that could be used to prove a voter’s identity. They would include utility bills, bank or debit cards, birth certificates and other forms of non-photographic ID as acceptable types of identification that a voter may produce to obtain a ballot under schedule 1.
The Minister has stated in support of voter ID that we already ask people to prove who they are in order to collect a parcel from the post office or to rent a car. The list of identity documents accepted at the post office for picking up a parcel includes non-photographic ID such as credit or debit cards, cheque books and utility bills. As the Government have indicated, it seems nonsensical not to extend that to voting. Instead, we should help to enable as many people as possible to get involved in our democratic processes.
The Minister might be interested to hear that half of US states with voter ID requirements allow non-photographic ID. She might also be aware that the Pickles report, “Securing the ballot”, recommended:
“There is no need to be over elaborate; measures should enhance public confidence and be proportional. A driving licence, passport or utility bills would not seem unreasonable to establish identity.”
It is estimated that 10% of people who do not have photographic ID have a birth certificate. The Government have chosen the strictest form of ID despite their own review, led by Lord Pickles, suggesting that non-photographic ID such as a utility bill would be acceptable. This is all about what is proportionate.
When it introduced voter ID, Northern Ireland did not initially require solely photographic ID. It did not leap straight to that highest barrier of ID. Elections took place for almost 20 years with a less stringent ID requirement. I urge colleagues to consider the amendments. They are logical and fair, bring the response to concerns about elections into proportion, and are in line with best practice.
Kemi Badenoch
The amendment would allow a voter to use a utility bill, a debit or credit card or a birth certificate as a form of identification under the new system being introduced by the Bill. I disagree with the hon. Lady’s arguments. The threshold for picking up parcels should not be the same as for voting, which is far more important.
Patrick Grady
One of the key arguments for introducing the principle of voter identification was that people needed to show ID when they were picking up a parcel from the post office. These are precisely the kinds of identification that people need to pick up a parcel at the post office. I understand the argument that people might go around harvesting poll cards, but is the Minister seriously suggesting that there is a lot of harvesting of bank cards and birth certificates going on that would make these really unreliable forms of identification at a polling station?
Kemi Badenoch
What the hon. Gentleman has said does not negate my argument. We are talking about the threshold and we are talking about photographic identification. All these things might meet the threshold for picking up a parcel, but we are making the threshold for elections tighter than that. I made the same arguments when talking to amendment 54.
Alec Shelbrooke (Elmet and Rothwell) (Con)
We keep hearing this argument about what is going on in America, which is on the other side of the Atlantic.
Is my hon. Friend aware of this point? I would just warn that it is from Wikipedia:
“Netherlands: The registration office of each municipality in the Netherlands maintains a registration of all residents. Every eligible voter receives a personal polling notification by mail some weeks before the election, indicating the polling station of the voter’s precinct. Voters must present their polling notification and a piece of photo ID (passport, identity card, or drivers license (a passport or ID is compulsory from the age of 14)). Such photo ID may be expired by not by more than five years.”
Is an argument constantly focusing on America not slightly trying to muddy the waters?
Kemi Badenoch
I thank my right hon. Friend for that intervention; I was not aware of that information, which is very helpful. It shows that the evidence we have gathered and the basis for the Bill is correct. As I set out in my response to amendment 54 about pilots, photographic identification is by far the most secure method of those piloted and I cannot agree to amendments that seek to weaken that protection.
Cat Smith
I had not intended to give a speech, but I want to raise the point that when we look at international comparisons, it is important to find countries that reflect our country. The reason America is used as an example is that the United States does not have a national, free, state-issued ID card, unlike the Netherlands, which the right hon. Member for Elmet and Rothwell used as an example just now, where there is a state ID card, issued by the state, for free, to every citizen. Although he is indeed correct that America is on the other side of the Atlantic—I thank him for that geography lesson—it is used as an example because it has a similar policy around state ID cards.
Alec Shelbrooke
The hon. Lady said that identity cards do not exist in this country, but of course the information from the Netherlands also refers to the fact that a driving licence or passport is also acceptable.
Patrick Grady
I just want to expand slightly on the point I made in my intervention. If the opposition to the use of poll cards in the discussion on the previous amendment was because of the risk of harvesting and the lack of verification to go with the issuing of a poll card to ensure it matches the person who is carrying it, I do not see how that argument can be applied to the forms of identification listed in the amendment from the Labour party. All those require some form of external verification and, in many cases, someone else to verify the identity and the physical appearance of the person being identified in the document in question—unless there is evidence that we have not heard during our discussions: about the mass forgery of birth certificates, marriage certificates, paper driving licences or adoption certificates.
In fact, in many cases the forgery of such documents is already a crime, so if someone were to try to impersonate another voter by producing a forged or stolen birth certificate, they would be guilty of two crimes: personation under the existing electoral registration measures and forging important documents.
Perhaps the Minister and hon. Members who oppose the amendment are starting to question the integrity of all the organisations listed in the amendment who issue these forms of identification, such as banks and building societies who issue mortgage statements.
Aaron Bell
I thank the hon. Member for acknowledging the force of our arguments on the previous amendment, which of course he voted for. Is it not the case that people could still vote for others in their own household? That is of concern to Government Members. For example, if someone knew that their son would not vote, they could happily take one of those identity documents with them—they have no photos on them—and present themselves at the polling station. Without that check from photographic identification, security is still threatened.
Patrick Grady
I am sorry—they absolutely could not. First, I do not accept the force of the previous argument, although I accept the Committee’s decision to reject the amendment. Secondly, there is no way that someone from the same household could turn up because, by definition, they would be voting at the same polling station with the same polling clerks and with the same party candidates and activists standing outside. If one person turned up with two birth certificates, utility bills or whatever, that would be a clear case of personation. I have sufficient confidence in the integrity of our current system to trust the poll clerks on duty in a station to identify that same person from the same household trying to vote on behalf of two people.
I find it slightly ironic that my parliamentary pass, issued to me by the House of Commons on account of my being elected three times by the electors of Glasgow North, lets me get on a plane, and I can cast votes on legislation with it, but I do not think it is good enough to vote in a general election under the Bill. I am therefore happy to support the Labour party’s amendments.
Fleur Anderson
We would like to press the group of amendments to a vote, if it is possible to vote for them together.
Fleur Anderson
I would like to press amendment 56, then. I have nothing further to add, but I beg to ask leave to withdraw amendment 55.
Amendment, by leave, withdrawn.
Amendment proposed: 56, in schedule 1, page 75, line 9, at end insert—
“(1HA) In this rule a “specified document” also means a valid bank or building society debit card or credit card.”—(Fleur Anderson.)
Fleur Anderson
I beg to move amendment 62, in schedule 1, page 82, line 4, at end insert—
“Reports on voter identification and turnout
35A The Secretary of State must prepare and publish reports on the effect of the voter identification requirements in this Schedule on turnout—
(a) across the electorate,
(b) in minority groups,
(c) among disabled people,
(d) among young people.
35B The Secretary of State must publish a report under paragraph (35B)—
(a) no later than 31 July each year, and
(b) in the 90 days following a general election.”
This is a highly reasonable amendment, which I hope will be supported. I also hope that all hon. Members would want to see the effects and outcomes of what the Bill does. The Secretary of State would be required to prepare and publish reports in a timely fashion on the effect of voter identification requirements in the schedule—in particular those where civil society groups have raised a large amount of concern—so that we can learn the effect of the measures in real time. The amendment would not undermine the fundamentals of the Bill; it just says, “We should report on it and learn from it in a timely fashion.” I hope that it will be accepted.
Kemi Badenoch
We believe that the amendment is unnecessary. The Bill already outlines that there must be three evaluations of the effect of a requirement to show identification on voting, and those will consider the effect of the new policy on electors’ applications for a ballot paper. Committing to further evaluations annually and in perpetuity would be disproportionate and an inappropriate use of taxpayers’ money.
The Government will consider how best to gather information relating to the impact of the policy on all parts of the electorate. Although some data will be collected at polling stations under new rule 40B, and used for evaluations, it is important to note that it would be inappropriate to collect information on protected characteristics at the polling station directly. Electors would not expect to have to answer questions about their race, sexual orientation or gender identity before receiving their ballot and might not feel comfortable doing so. We will consider how best to gather that information without such intrusion.
Patrick Grady
This is a very reasonable request from the Opposition. One of the most robust evidence sessions we had was when we discussed the impact of the Bill on minority groups and people with protected characteristics. I would have thought it would be in the Government’s interests to try to gather evidence to show the minimal impact—or indeed the positive impact—they expect the Bill and the requirement to show voter identification at the polls will have on those groups.
The Labour party makes a perfectly reasonable request. As the Minister said, there is already a certain amount of evaluation built into the Bill; an additional round of evaluation is not going to cause too much difficulty. No one is suggesting that people should be quizzed before the ballot box. There are perfectly acceptable and valid ways to conduct research, at academic or Government level, without having to put people under pressure at the moment they are carrying out their votes. We have seen some of that research already, as some of it was commissioned to help inform the Bill. The Opposition are entitled to make the points they have and can expect our support if they push the matter to a vote.
Fleur Anderson
This is the third Public Bill Committee I have taken part in, and no amendment has yet been accepted. I tabled 200 amendments to the Environment Bill. Hoping against hope, even when I stood up for the last time to speak to the 200th amendment, I thought that might be the one to be accepted. What is the point of sitting in Committee, going through a Bill line by line, for the Minister to say, “Don’t worry—we are going to look into this”?
There are ways to find out the impact on different parts of the electorate. There are definitely ways to find out the impact very quickly after an election, so that we can learn as we go on and prepare for the next election. I am very disappointed that this measure will not be taken up. It leaves the electorate wondering what the Government have to hide.
The Chair
I have been attending these Committees for 38 years and no Government, Labour or Conservative, have ever accepted any amendment.
Question put, That the amendment be made.
The Chair
We have now disposed of all the amendments to schedule 1. Unless a Member indicates to me that they wish to make detailed points on schedule 1 that have not been covered in the debate so far, I propose to put the question that schedule 1 be the first schedule of the Bill.
Schedule 1 agreed to.
Clause 2
Restriction of period for which person can apply for postal vote
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 2 be the Second schedule to the Bill.
Kemi Badenoch
Clause 2 is essential to strengthen and improve the current security of the postal ballot. The clause, and associated schedule 2, will require postal voters in Great Britain to make a fresh postal vote application after a maximum of three years of being registered as a postal voter if they want to continue to vote by post at future elections. That is one of a number of measures in the Bill that implement recommendations in the 2016 Pickles report into electoral fraud, and it is needed to address documented weaknesses in the current absent voting arrangements.
The Electoral Commission’s winter tracker for 2021 found that one in five people considers postal voting to be unsafe, and the witnesses who gave evidence to this Committee also highlighted that absent voting can be particularly subject to fraud and abuse. Currently, an elector may have a postal vote on an indefinite basis as long as they provide a signature sample every five years. Requiring an elector to reapply for a postal vote at least every three years will enable the electoral registration officer regularly to assess their application and confirm that they are still an eligible elector. The measure will also ensure that electors’ details are kept up to date and reduce the waste and cost of postal votes being sent to out-of-date addresses, where they may also be vulnerable to fraudulent abuse.
By requiring each postal voter’s signature to be refreshed more frequently, we will also reduce the likelihood of a postal vote being rejected because of the elector’s handwriting changing over time. Further, asking that electors confirm their preferred arrangements at least once during the life of a Parliament provides an opportunity for someone who may have been initially convinced or coerced into having a postal vote to break out of that situation and protect their vote from being stolen.
Existing long-term postal voters will benefit from the transitional provisions in the Bill that allow them to maintain their preferred voting arrangement, and they will have advance notice of the change so that they can prepare ahead of the deadline. Electoral registration officers will be required to send a reminder to existing postal voters in advance of the date that they will cease to have a postal vote and to provide information on how to reapply.
Schedule 2 also provides for postal vote registrations for the maximum period to cease on 31 January in the year in question, which will give electors time to apply for a fresh postal vote ahead of scheduled elections in May that year if they wish to vote by post. For overseas electors, we are aligning the maximum period for which they may hold a postal vote with their registration cycle, and have extended that period so that it may also not exceed three years.
Those safeguards will not only protect against the abuse of postal voting but also, I hope, raise the level of confidence in absent voting so that no one has to feel concerned that their vote could be stolen or abused.
Fleur Anderson
We will vote to remove the requirement for the reapplication for postal voting every three years and return to the status quo of postal votes lasting an indefinite period, because we believe that the requirement is disproportionate, costly and confusing. We strongly oppose moves to force those using a postal vote to reapply.
Clause 2 is another Government provision that has left me scratching my head and very concerned. These pointless changes will make the process of voting more complex and bureaucratic, forcing lifetime postal voters to reapply every three years. The Minister may think that mandating re-registration every three years is making our electoral system more secure from postal vote fraud, but that is mistaken and based on flawed assumptions about where postal vote fraud is happening. It is at variance from what we heard in evidence.
In evidence, we heard about the highly concerning case of postal vote fraud in the 2004 local elections in Birmingham. However, the main concerns raised by the commissioner included the deadline for postal voting packs being close to the election—six working days before—and the lack of checks on whether applications were made by the named voter, which made it difficult to detect fraud. Clause 2 does not address that.
Following that case, the Electoral Commission made a number of recommendations, including using personal identifiers for postal votes, moving the deadline for applications from six to 11 working days before polling day and making falsely applying for a postal vote an offence. The Electoral Administration Act 2006 was passed by the Labour Government in response to criticisms and has addressed a number of those concerns already, including a system of personal identifiers for postal ballots. What is the evidence that clause 2 will address the postal fraud that has been identified in the cases about which we have heard? The measure is not based on good evidence.
The second thing we are deeply concerned about is that the changes will reduce flexibility for voters and risk imposing yet another barrier to voting, which damages our democracy. Ministers should direct their energy towards changes that make voting easier, not putting up barriers. The change will suppress voting and erase the positive improvement in postal voting seen during the pandemic. It is unnecessarily bureaucratic.
We have seen a gradual rise in the use of postal voting over recent years, as an easy and flexible alternative for those who prefer not to visit the polls in person, even more so during the pandemic. In 2001, 1.8 million postal votes were issued; in 2012, 6.3 million; and at the last general election in 2019, 7.3 million postal votes were issued. As has been mentioned, in his review, Lord Pickles concluded that
“the availability of postal voting encourages many legitimate electors to use their vote effectively”.
But forcing people to keep reregistering so frequently—too frequently—could risk disenfranchising people who are not aware until it is too late that the rules are changing and that they need to reapply for their postal vote, when they have only had to do it once before. Changing the rules is confusing.
We oppose moves to change the law to limit who can hand in postal votes at polling stations. That change could create barriers for some voters who genuinely need assistance. My other concern is the sheer cost; as we mentioned, the Cabinet Office’s own impact assessment published with the Bill estimates the cost of the new requirement for postal voters to register every three years rather than five at between £6 million and £15 million. This will cost millions of pounds, and do we even need it? That estimate is in addition to existing costs and is based just on the cost of sending out the additional letters, let alone the extra administration and advertising costs. Can the Minister explain how she will pay for those additional costs?
There is also a capacity issue for local councils. It will inevitably prove hugely burdensome on local authority election teams, who are already overburdened and under-resourced. The Association of Electoral Administrators agrees with that assessment. It believes that reapplying for a postal vote every three years rather than five will bring an “additional burden to Electoral Registration Officers, creating more regular peaks of demand.”
There is the confusion between different election systems in the devolved nations Currently, neither Scotland nor Wales has diverged from existing legislation on postal voting. Postal votes on demand are available indefinitely, as they currently are in England, and signature refreshes are also required every five years. If the current measures in the Bill are approved, a complex, messy system of divergent requirements for different sets of elections will be created. I cannot imagine having to explain that multiple times on the doorstep, and for councils to have to explain that: one local election will be like this, but a general election will be like that. It will be very confusing.
Confusion stops people voting and gets in the way of our democracy. For instance, someone who has chosen to vote by post permanently in Scotland and Wales will be required to reapply every three years for their postal votes for the UK parliamentary elections, and will also separately be required to refresh their signature for postal votes in devolved elections every five years. It will create a huge administrative and bureaucratic nightmare that will be highly confusing for voters, who do not look in as much detail as we do at postal votes and when to sign for them and apply for them. I have yet to hear the Minister’s solution to that, and I hope to hear it now.
The clauses are pointless and arbitrary; they will not achieve what the Government is setting out to achieve. As usual in the Bill, they are disproportionate. There is very little evidence that they are necessary. They will hit the already disenfranchised the hardest. They will cost the taxpayer millions of pounds, pile the pressure on our already overstretched electoral staff and conflict with the frontline service delivery of our local councils. I urge colleagues not to let the clauses stand.
Patrick Grady
I will echo many of the hon. Lady’s points. The renewal of a postal vote comes up on an annual basis when the check of who is registered at the household comes through the post. It indicates whether electors are postal voters. If they wanted to change at that point, the opportunity would be there. But the Bill is putting on a separate new requirement. When a voter moves house, a fresh check is done—I know that from recent personal experience. When a voter moves house, they are asked to reapply for a postal vote at their new address.
The move to expand postal voting over the years has undoubtedly helped to increase turnout and participation. The Labour spokesperson explained that, where there have been difficulties, measures have been taken to stop them. That is not an argument to make it more difficult in general for people to apply for and exercise the right to vote by post.
The point about the risk of procedural complication is particularly acute. There is an interesting question about why the renewal has been set for every three years rather than every two, four or five years. Maybe the Minister can explain the evidence base for that when summing up, because that would help to align it with the parliamentary cycle of elections, although there is no cycle of elections at the moment—they are just happening on an almost annual basis. The effect of that is the real risk of someone who thinks they are registered for a postal vote actually being caught out because their postal vote expires while they are away for whatever reason has already inspired them to apply for a postal vote. They may then find that yet another snap election has been called and they are left effectively disenfranchised.
I echo the point about divergence across the United Kingdom. My hon. Friend the Member for Argyll and Bute and I have no problem with divergence. We have a solution to people in Scotland getting confused about voting in Westminster elections, which is to stop that from happening and for Scotland to be an independent country. If Members on the other side of the House and indeed our good friends on the Labour Front Bench do not want that to happen, perhaps they need to think about the divergence and different franchises that are being established across the United Kingdom, and about the different voting systems and the increase in differences. Quite how that makes a case for a strong and stable Union—well, it is not a case for me to make. We fully support the Labour party in opposing this clause and I look forward to hearing how the Minister responds to the points.
Paul Bristow
In response to some of the points made by the hon. Member for Putney, I would argue that this change is perfectly reasonable. If someone is trying to renew something as precious as their postal vote, it is perfectly reasonable to be asked to do that every three years. As it happens, I personally think it should be done every year. Households have to renew who is on the electoral register every year. It is not that much of a leap to apply yearly for something as precious as a postal vote. This is a perfectly reasonable request.
I would like to draw Members’ attention to the evidence we heard from the chief executive of Peterborough City Council. It was argued earlier that some of the restrictions about who could hand in postal votes to a polling station were unreasonable. I would ask, what is reasonable about people walking up to polling stations, indeed to the town hall the night before, with plastic bags full of postal votes?
Cat Smith
I thought I might help out the hon. Gentleman, because I think he might be straying into the next schedule to the Bill. The hon. Gentleman said that he thought that he would like to see postal votes renewed every year. Why did he not table an amendment to the Bill on that?
Paul Bristow
Because we have to start somewhere. As a start, considering the evidence and arguments we have had, renewing every three years is a perfectly reasonable thing to ask someone to do. We should look at what happens after three years and maybe in the future we can see where we are. It is perfectly reasonable to ask someone to apply for something as precious as a postal vote every three years. We have talked about how important the privilege of voting is. If it is important, it is perfectly reasonable to fill out a form every three years. Evidence from my constituency suggests that we have wards in Peterborough that are twice as high as the national average for registered postal votes. I am not saying that that is done for any particularly nefarious reason, but clearly considerable postal vote harvesting and postal vote recruitment have been seen in Peterborough.
Jerome Mayhew (Broadland) (Con)
Does my hon. Friend recall the reasons Lord Pickles gave in his 2016 report in favour of this measure? He said, first, that it
“would provide an opportunity for up-to-date checking of the application against other data at the local authority,”
secondly, that
“it would help to reduce scope for redundant postal votes to continue to go to an address which the elector has left”,
and, thirdly,
“it also provides anyone with a postal vote who feels they are subject to coercion or undue influence with an opportunity to cease having a remote vote.”
Does he agree that the third of those reasons is the most important?
Paul Bristow
I absolutely do. The evidence comes from Peterborough, Tower Hamlets and many other parts of the country. It is not isolated to a handful of local authorities; it is much more widespread than Opposition Members would believe. A lot of the evidence we heard in Committee about fraud—Opposition Members have made this argument time and time again—was that the issue was postal votes. Here is an opportunity to try to do something about it, and I urge hon. Members to support this element of the Bill.
Kemi Badenoch
I will respond briefly to Opposition Members’ points, which can be summarised as, “This new measure is burdensome.” I thought it would be helpful to let the hon. Member for Putney know that any additional costs on local authorities or electoral returning officers relating to these measures would be covered under the new burdens doctrine. She also mentioned administrative burdens on devolved Administrations, and the answer to that is that they could easily align what they are doing with what we are doing if they felt it was overly burdensome on them.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clause 3
Handling of postal voting documents by political campaigners
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 3 introduces a new criminal offence and bans political campaigners from handling postal voting documents issued to others. This is designed to address activities and behaviour that have been a cause for concern at previous elections. The Pickles report into electoral fraud found that there had been episodes where party activists had used the ploy of canvassing or answering inquiries from voters about completing postal votes to collect or harvest the votes of other postal voters. There is a real risk that voters could be coerced into completing their postal voting statement before handing the ballot paper unmarked to campaigners to be taken away and filled in elsewhere.
The Pickles report also highlighted that concerns have been raised about party activists taking completed ballots and then choosing not to submit them if they are not completed in a way that suits the campaigner’s aims. Clearly, these are very concerning matters and show that there are weaknesses in the current arrangements that have been, and could be again, exploited by persons seeking to undermine the integrity of the electoral system. That is why the Government in their manifesto committed to stopping postal vote harvesting.
The Electoral Commission’s code of conduct for campaigners is clear that campaigners should never touch or handle anyone else’s postal ballot paper.
Kemi Badenoch
However, the code does not have legal force. We believe it is time to put it on a statutory footing, and make it a criminal offence for political campaigners to handle postal votes.
The clause sets out details of the postal vote handling offence and makes the offence a “corrupt practice”. Of course, it is perfectly reasonable that a political campaigner might, like many others, want to offer help to a family member, perhaps offering to drop their household’s completed ballots into the post box. This measure makes provision for that, creating exemptions to the offence where the handler is a listed family member or carer of the postal voter. We do not wish to deny legitimate support, but we must be clear, as the Bill is, that systematic collection of votes is unacceptable. This measure will strengthen the integrity of postal voting and give protection to postal voters from those who would seek to subvert the postal voting process.
Cat Smith
The official Opposition rise to support that clause 3 stand part of the Bill. Indeed, the advice given by the Electoral Commission is also issued by the Labour party to our own activists, in terms of the rules by which we guide our canvassers, campaigners and candidates not to handle postal vote documents from electors when out canvassing. Fraudulently applying or tampering with or using someone else’s vote—postal vote personation—is already a criminal offence in electoral law; and a person convicted of personation or postal voting offences, which are corrupt practices, can be disqualified from standing for and voting in elections for five years. This proposal is in line with the advice that we give our campaigners and activists already, so we will not oppose clause 3.
Patrick Grady
Again, I just want to echo the points made from the Labour Front Bench. This is advice that I think all of us identify as best practice. All of us want to ensure the integrity of the system when we are out and about canvassing our voters, and particularly on polling day, as regards the handling of postal voting documents. I just think it is interesting that we can find points of consensus, and perhaps as we go through the Bill we will find some others. It slightly speaks to points that were raised in evidence and on Second Reading about the need for a far more far-reaching and comprehensive review of electoral legislation, and that is precisely the kind of thing that might have been achieved by more effective prelegislative scrutiny—by a draft Bill and a draft Bill Committee that would have heard from a wide range of stakeholders, that would have taken place over a longer period and that would really have come up with the comprehensive electoral legislation reform for which we have heard there is a need. We all welcome this provision, and we want to see this particular clause proceed, but it is a pity that it is couched among so many other things that we find objectionable and will continue to object to.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Handing in postal voting documents
Cat Smith
I beg to move amendment 69, in clause 4, page 8, line 27, at end insert—
“(6) The Secretary of State may not make any regulations using powers under this section unless they have first undertaken a public consultation on a draft of those regulations for a period of not shorter than 28 days.”
This amendment would require the Secretary of State to conduct a public consultation for at least 28 days before making regulations by virtue of Clause 4 of the Bill.
Cat Smith
Clause 4 is about the handing in of postal vote documents—not necessarily by party political campaigners, but by anyone. It is about setting out requirements for the handing in of postal votes to the returning officer and at polling stations, including setting a limit on the number of postal voters on behalf of whom a person may hand in postal votes, and postal votes being rejected if not handed in in accordance with the requirements.
The new rules could create barriers for some voters who genuinely need assistance. For example, the new rules will limit, perhaps, care home staff being able to hand in, say, a dozen postal votes from residents in the care home. This leaves us in the bizarre situation whereby a care home worker could drop a dozen postal votes into a postbox but not hand them in at a polling station, so I raise that as a potential loophole with the Minister. There is something of an inconsistency. As has just been said by the SNP spokesperson, the hon. Member for Glasgow North, perhaps some level of prelegislative scrutiny with a draft Bill could have allowed us to look at ways to deal with such matters. Given that we can find consensus on many issues in relation to elections, we might have been able to iron some of these matters out before we ended up in Committee.
Let me deal with amendment 69. In its current form, the Bill, as I have just set out, contains numerous holes. Our amendment asks the Government to provide draft regulation that would include greater detail about exactly how the new limit would be enforced, and I would like to put a few questions to the Minister. Could she outline whether polling station staff will be asked to enforce the new limit, and if so, how? What level of training does she envisage polling staff will receive in order to be able to, potentially, enforce this legislation?
Paul Bristow
I want to repeat the point that I probably made rather presumptuously in my previous remarks. I want to know what the hon. Lady’s thoughts are on the evidence proposed by Gillian Beasley, the chief executive of Peterborough City Council, when she described a practice of people turning up with plastic bags full of postal votes either at polling stations or at the town hall the night before the election. I want to know whether she thinks that a reasonable practice.
Cat Smith
That is exactly why prelegislative scrutiny would have been useful. This is about the distinction between political campaigners and voters. There are legitimate reasons why some voters may wish to hand in more than two postal votes at a polling station.
I gave the example of a care home, but equally, in the current context of covid, a family of three may not have posted their postal votes and ask neighbour to deliver them. If two postal votes can be handed in by an individual but three postal votes cannot, and someone turns up with three, how do we know if that third postal vote is an individual postal vote? There are various holes in the legislation. I am putting these questions to the Minister and I hope she will be able to answer them.
For example, with the limit of two postal votes, if someone were to turn up at a polling station with three postal votes to hand in, and they are able to hand in two for other people and one for themselves, how do we know which is which, given that when they are sealed there is no way of identifying whose votes they are? If the person says, “That one is mine. That is my postal vote so I can legitimately hand that in, and these are the two that I can legitimately hand in,” how would a polling clerk know that those were two postal votes that were being handed in on behalf of other people and one that was for that individual, if the envelopes are sealed and there is no way of identifying them? Can the Minister clarify how she envisages a polling clerk can make that assessment?
According to the explanatory notes accompanying the Bill,
“regulations may require a person seeking to hand in a postal voting document to complete a form containing specific information, which the government anticipates would include, among other information, the name(s) of the postal voter(s) whose ballot papers are being handed in. Regulations may make provision to require the “relevant officer” receiving the ballot to reject the document if the person fails to complete the form.”
The Minister will know that, once completed, a postal vote does not have a person’s name on the front of the envelope, for obvious reasons to do with the secrecy of the ballot. How does the Minister see this being enforced or policed? It would be impossible to know if the postal vote being handed in actually belongs to the person recorded on the form.
I leave the Minister with those questions. It would be helpful to have some clarification on these matters, in terms of how the Committee might progress and whether or not to accept this clause as part of the Bill. I draw the distinction between political campaigners, whose actions were the subject of the clause we previously debated and who I believe should be held to rights, and members of the general public, who might be handing in postal votes on behalf of a neighbour or family member, or be a care home worker handing in ballots on behalf of residents of a care home.
Kemi Badenoch
Amendment 69 would require the Secretary of State to conduct a public consultation for at least 28 days before making regulations under the provisions in clause 4 of the Bill. The Government will not be accepting the amendment as we believe it would impose an unnecessary administrative burden.
The Government will be required to consult the Electoral Commission on any regulations made under this clause, followed by parliamentary scrutiny under the affirmative SI procedure, which answers the hon. Lady’s question about further detail. We have had a similar conversation in earlier Bill Committees, but Parliament would naturally want to ensure that any future changes are appropriate and based on contemporary evidence.
We have been working with the Electoral Commission and electoral stakeholders on the issue of handing in postal votes while developing the legislation. We will continue to consider their inputs, and the needs of voters, in the development of the regulations. With the example that the hon. Lady gave about care homes, I do not believe that that is a loophole. Just as we said earlier in terms of political campaigning, we recognise that there are exceptions, and a carer in a care home would fall into that.
The measures in the Bill to tighten up the current arrangements concerning the handling and handing in of postal votes flow from the report by Sir Eric Pickles into his review of electoral fraud. That review took into account views from a range of persons, including academics and policy-makers; electoral administrators and political parties; and people who have found themselves impacted by real examples of fraud. The review’s findings were informed by a wide range of views. Given that, the Government are not able to accept the amendment.
Patrick Grady
I would, Sir Edward, seeing as I have been so kindly invited to. Conservative Members are clearly enjoying this riveting debate and it is great to see them engaging with such force and alacrity, as someone used to say. We agree with the points made by the Labour Front Bench. There is a legitimate difference to be made between political operatives such as ourselves, who are trained—or at least ought to be trained—in the process of going out and canvassing and handling electoral documents, and the wider public, who perhaps need to understand a little bit more about the detail.
Aaron Bell
I have been provoked by the hon. Member for Glasgow North to show some more support from the Government side for the clause. Before I do so, I would like to briefly pay my own tribute to Sir David Amess. The first general election I was able to stay up late for the results for was 1992. I did not fully understand the concept of a bellwether seat and all the rest of it, but we were all talking about Basildon for the first hour or so before the result came in, and when it did, we saw his million-watt smile. Twenty-seven years later, when I found myself in this place, that smile was still as bright as ever.
We have lost two very dedicated public servants in Sir David Amess and James Brokenshire. They gave decades of public service to this place and their constituents. What I would say about both of them is that it was always service with a smile.
I welcome the clause. It is a proportionate response to the cases we have seen and the evidence we have heard. My hon. Friend the Member for Peterborough referred to cases in his constituency. We heard from Peter Golds about what went on in Tower Hamlets. I wholeheartedly agree with the Minister on why the amendment is unnecessary. I will leave it there—to be honest, the hon. Member for Glasgow North just provoked me a little bit. As ever, I think the Government have considered the issue properly. I have listened to the Opposition’s points on prelegislative scrutiny, but the clause is very detailed and the Government have considered all the points that need to be addressed. For that reason, I support it.
The Chair
It might be a convenient moment for the Minister to make her clause stand part speech now.
Kemi Badenoch
Thank you, Sir Edward. Clause 4 concerns the handing in of postal ballot papers at elections. The clause is closely linked to clause 3, which introduces the new offence banning political campaigners from handling postal votes issued to other persons. Together, these measures address concerns about the harvesting of postal votes and individuals handing in large numbers of postal votes, and reduce opportunities for votes to be stolen.
It will still be permitted for people who are not campaigners to handle and hand in postal voting documents issued to others. However, we believe that it is important to ensure that the arrangements in place governing that process are robust and support the integrity of postal voting. The clause therefore seeks to tighten up the current arrangements concerning the handing in of postal votes. It does so by introducing powers to allow regulations to be made that set out requirements for the handing in of postal votes at elections to returning officers across the UK and at polling stations in Great Britain. That includes setting a limit on the number of postal voters on behalf of whom a person may hand in postal votes, and requiring postal votes to be rejected if not handed in in accordance with the requirements.
We currently envisage that in addition to their own postal vote, an individual will be able to hand in the postal votes of up to two electors, but that will be considered during the process of developing secondary legislation, which I hope the hon. Member for Lancaster and Fleetwood will be most interested in and will contribute to.
I note that currently there is no requirement for a record to be kept of persons who have handed in postal votes or of whom those votes belong to. The clause will allow regulations to require persons handing in postal votes to complete a form giving these details, which will help promote compliance with the new requirements and with investigations of allegations of fraud.
It is right that these reasonable limits are introduced on the handing in of postal votes to ensure that the integrity of postal voting is safeguarded. The clause, and the postal vote handling measure in clause 3, are aimed at addressing activities and behaviour that have been cause for concern at past elections. They will give greater confidence in the integrity of the process by preventing an individual from collecting and handing in unlimited numbers of postal votes on polling day to returning officers at polling stations across Great Britain or at the Electoral Office in Northern Ireland.
Cat Smith
I am glad that the Minister has raised the issue that I will almost certainly be spending many more hours of my life in a Committee Room ironing out how this stuff works in secondary legislation. My frustration is that so much is not on the face of the Bill and will be decided in secondary legislation in Committee corridors, which, as you, Sir Edward, and members of the Committee have pointed out, does not have the same level of scrutiny as it does on the Floor of the House. Indeed, it is very unusual—I do not think it has ever happened—that an Opposition have amended a piece of legislation in an SI Committee or a Bill Committee and it has been accepted by the Government. It seems somewhat reckless to be legislating on the strength of the Bill as it stands, because it does not have the level of detail that we will clearly need.
I am minded to press my amendment to a vote. Picking up on what the Minister said in her opening remarks about its being an unnecessary administrative burden, there is a huge administrative burden on our electoral officials up and down the country, and the Bill will heap a whole load more tasks on electoral returning officers and registration officers in town halls across the country. In the last five years there has been one piece of legislation after another, putting more and more administrative burdens on electoral returning officers.
I think it is fair to say that our local authorities have had their belts tightened. They have had austerity and cuts, and we are asking fewer and fewer people to do more and more. I want to flag my concerns that electoral administrators are under a lot of pressure and that the Bill is putting additional pressure on them. While it is slightly beyond the scope of my amendment, I will be cheeky and say that the Government really need to look at how we resource local authorities as well.
Question put, That the amendment be made.
The Chair
With this it will be convenient to consider that schedule 3 be the Third schedule to the Bill.
Kemi Badenoch
The purpose of the clause and associated schedule 3 is to strength the current arrangements for proxy voting. Currently, someone can act as a proxy for up to two electors and an unlimited number of close relatives in any constituency in a parliamentary election or any electoral area at a local election. That can give rise to situations where an individual can harvest and cast many proxy votes over which they may have inappropriate influence. It may lead to someone being coerced into appointing a proxy who could then effectively steal their vote.
The Bill introduces a new limit of four on the total number of electors for whom a person may act as proxy in UK Parliament elections or local government elections in England. Within this figure of four, no more than two may be domestic electors—that is, electors who are not overseas electors nor service voters. All four may be overseas electors or service voters.
The approach will tighten up the rules on proxy voting while also providing appropriate support for overseas electors and service voters wishing to appoint a proxy. It will be an offence for an elector to appoint a proxy knowing that the person they are selecting as proxy is already appointed as a proxy for the permitted number of electors. An appointed proxy will also be guilty of an offence if they vote as proxy for more than the permitted number of electors.
Of course, these provisions have been developed to ensure that there are no gaps for those already voting by proxy. Under the Bill, there will be transitional provisions for existing proxy voters, so that they will have advance notice of the change. The current proxy voting rules will continue until a date to be specified in secondary legislation. At that point, electors wanting to continue with a proxy vote arrangement will need to reapply for a proxy vote under the new rules. Electoral registration officers will be required to send a reminder to existing proxy voters in advance of the date they cease to have a proxy vote, and to provide information on how to reapply for a proxy vote.
The Bill will also amend the eligibility requirements to act as a proxy at elections in Northern Ireland by providing that a person must be registered in a register of electors to be eligible to act as proxy. Currently, a proxy is not required to be registered but must meet age and nationality requirements. That will bring elections in Northern Ireland in line with proxy eligibility in Great Britain.
The measures will reduce the risk of fraud and reassure voters that appropriate safeguards are in place to protect the integrity and fairness of the proxy voter system. The clause will prevent an individual from casting a potentially unlimited number of proxy votes, over which they could have inappropriate influence.
Patrick Grady
I have a couple of questions. The Minister said that it will be an offence if a person knowingly asks to be their proxy someone who already holds the maximum number of proxy votes. How on earth will that be determined? Is there any risk of people being prosecuted when they have, in good faith, asked someone who, whether on purpose or accidentally, is acting in bad faith by securing more proxy votes than the statute allows?
Where did the figure of four come from? Why not three? Why not five? Why not some other figure? What research has the Minister’s Department carried out to determine that four is the optimal and safely manageable number of proxy votes? Is there any evidence that if someone has four proxy votes, they are probably not carrying out personation or any other kind of voter fraud, but if they have five, there is clearly criminal intent, and they must be punished to the full standard of the legislation?
We accept that there is a certain issue around the management of proxy votes, as we heard in evidence, but we need from the Minister a robust defence of the necessity for the provisions. I look forward to hearing that before we determine whether the clause should stand part.
The Chair
Debates would be a lot shorter if Ministers always said that.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Schedule 3 agreed to.
Ordered, That the debate be now adjourned.—(Rebecca Harris.)
Elections Bill (Ninth sitting)
Thursday 21st October 2021
(3 years, 2 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Chair
Before we begin, I have some preliminary reminders for Committee members. Please switch electronic devices to silent if you have not already. Please wear masks when you are not speaking, in line with Government and House of Commons Commission guidance. Please give each other and members of staff space when seated and when entering and leaving the room. Please send your notes to our Hansard colleagues at hansardnotes@ parliament.uk.
Clause 9
Local elections and Assembly elections in Northern Ireland
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 5 be the Fifth schedule to the Bill.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
Clause 9 and schedule 5 ensure that the changes made to parliamentary elections in Northern Ireland in part 1 of the Bill are applied to local and Assembly elections in Northern Ireland. We have already considered the substantive detail of these changes to parliamentary elections in clauses 1 to 8. The same measures will apply to Northern Ireland’s local and Assembly elections. For that reason, I do not want to go through the detail of the changes again. However, hon. Members may note that, although the existing Northern Ireland identification provisions remain unaltered, some small technical changes made in clause 1 will apply to the equivalent rule in Northern Ireland, including the requirement that the returning officer must provide a private space for voters to produce their identification should they require it.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Schedule 5 agreed to.
Clause 10
Extension of franchise for parliamentary elections: British citizens overseas
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move amendment 79, in clause 10, page 13, line 4, at end insert
“and
(c) the person satisfies at least one of the following conditions—
(i) he or she was included in a register of parliamentary electors at some time in the past fifteen years;
(ii) he or she was resident in the United Kingdom at some point in the last fifteen years;
(iii) he or she is a member of the United Kingdom armed forces;
(iv) he or she is employed in the service of the Crown;
(v) he or she is employed by the British Council;
(vi) he or she is employed by a United Kingdom public authority;
(vii) he or she is employed by a designated humanitarian agency; or
(viii) he or she is the spouse or civil partner of a person mentioned in sub-paragraphs (iii) to (vii) above and is residing outside the United Kingdom to be with his or her spouse or civil partner.
(1A) The Minister for the Cabinet Office or the Secretary of State may by statutory instrument define ‘United Kingdom public authority’ and ‘designated humanitarian agency’ for the purposes of subsection (1)(c).
(1B) A statutory instrument containing regulations under subsection (1A) is subject to annulment in pursuance of a resolution of either House of Parliament.”
This amendment is a probing amendment to enable debate on the premise of maintaining 15-year rule with exemptions for certain citizens.
It is a pleasure to serve under your chairship, Ms Ali. The amendment relates to the 15-year rule exemptions. I will make some introductory comments on overseas electors as a whole, in order to put the amendment into context. As a modern, progressive party, Labour is committed to building a truly global Britain and championing our core values of equality, social justice and opportunity for all. All hon. Members will agree that no area of electoral law is more important than the franchise—who gets to vote and is able to participate in our democracy. Overseas electors play a significant role in providing a close connection not only to our European neighbours but to countries across the world, and we must continue to encourage that valuable connection.
Under the current system, British citizens who have moved abroad can register to vote as an overseas elector in the last constituency in which they were entered on an electoral register. British citizens who have lived overseas for more than 15 years cannot register to become an overseas elector. The Opposition are committed to taking radical steps to ensure that all eligible voters are registered and able to use their vote. The issue of extending voting rights for overseas electors is important and must be considered properly.
The extension of overseas voting rights has come a long way since 1985, when British citizens living outside the UK were unable to register to vote in any elections. The Representation of the People Act 1985 introduced new provisions allowing British citizens living overseas to qualify as electors in the constituency where they were last registered to vote before moving. The time limit from 1985 was only five years. In 1989, that was extended to 20 years, before being reduced to 15 years in 2002.
In the 2015 and 2017 general elections, it was a Conservative party manifesto commitment to abolish the 15-year rule and allow British citizens a vote for life in parliamentary elections. Indeed, about three years ago, a private Member’s Bill was tabled by the then Member for Montgomeryshire that would have changed voting rights for overseas electors, but it did not progress in the previous Parliament. Our position has not changed since those debates in 2018: we are committed to building a franchise that ensures that everyone living in, and contributing to, the UK has their voice heard and represented. The current 15-year rule strikes the right balance between allowing expats to maintain strong links with the UK and ensuring the integrity of the electoral process. It means that expats can continue to engage with our democracy for a significant period of time after they have left the UK, but it maintains the balance in our representative democracy by which people who are affected by rules and laws get to decide who makes them.
My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process. Not only does this change threaten to overwhelm our election teams—who, frankly, are already overworked and under-resourced enough—it threatens to allow foreign money to flood into our democracy. Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, and allow them to bankroll Tory campaigns from their offshore tax havens. There is no possible justification for changing the law, other than to open a loophole so that donors can continue to funnel money into the Conservative party. For example, the new law will allow one of the Tories’ biggest donors to keep bankrolling the party for life, despite having reportedly lived in the Bahamas for a decade. John Gore has given almost £4.2 million to the Conservative party, making him the Tories’ No. 1 donor, despite his having spent more than a decade away from the UK.
The Conservative party accepted more than £1 million from UK citizens living in tax havens ahead of 2017 through existing methods, as reported in The Times. The new law will remove those barriers, and what angers me most is that in one fell swoop, expats will be granted more flexibility in registering to vote than people who live in this country. If the Conservatives were serious about improving democratic engagement, they would be extending the franchise to 16 and 17-year-olds, as well as concentrating efforts on registering the millions of adults in this country who are not currently on the electoral roll. This Bill allows expats to vote in UK elections regardless of whether they have previously been on an electoral register. It is a free ticket for anyone hoping to fraudulently register in a swing seat, who only require another expat to vouch for them.
Patrick Grady (Glasgow North) (SNP)
The hon. Lady can be assured of the Scottish National party’s support for these amendments. It is interesting that she mentioned that many of these voters live in places that are described as tax havens, because when I tabled a written question to the Treasury to ask what estimate it had made
“of the total tax receipts paid to the UK Exchequer by UK citizens registered as overseas electors in each of the last five financial years”,
the Treasury Minister said:
“No estimate has been made of the information requested. HM Revenue and Customs (HMRC) cannot identify individuals registered as overseas electors within tax data.”
That puts quite an interesting spin on the old phrase “no taxation without representation”, does it not? It is very possible that we might see quite a lot of people getting representation without any taxation.
Cat Smith
The hon. Member could not have made his point about the loophole that this legislation will create any more clearly, and I agree about the principle of no taxation without representation. It strikes me that there are 16-year-olds in this country who are going out to work and are paying tax, and are affected by things such as the rise in national insurance contributions, who have no say in who their UK parliamentarians are, while overseas electors who live in tax havens will suddenly get free rein. Rather than taking the necessary steps to safeguard British democracy from malign foreign influences, as highlighted in the Russia report, the UK Government are instead allowing even more foreign interference in our democracy.
Turning to the issue of the election teams that register electors in councils up and down the country, the representations this Committee has heard have proven that those teams are already under a lot of pressure. They cannot cope, and if this clause becomes part of the Bill, the impacts on electoral return officers and councils is going to be huge, because the process of registering an overseas elector can take around two hours. If those officers were to see a huge increase in the number of overseas electors registering to vote, at a time when councils already face huge funding cuts and pressures, that would threaten the integrity of our elections as well.
Obviously, overseas electors fall off the register every 12 months, so the vast majority of registration applications occur immediately ahead of a general election, when the pressure on our electoral administrators is already at its most intense. Abolishing the 15-year rule and therefore increasing the number of British citizens overseas who can register to vote would completely overstretch electoral administrators, who are already being pushed to the limit.
I put three questions to the Minister, which I hope she will answer in her response. Do the Government have any indication of how many of the estimated 5 million Britons living abroad would apply to be overseas electors in the run-up to a UK parliamentary election or national referendum if the 15-year rule were removed? How does the Government intend to fund the electoral registration officers for the additional costs that will be incurred by the proposals, and what steps will the Government take to ensure that election teams have the resources and capacity to manage that increased volume of electors? If the Government are so intent on granting votes for life, why do they not focus on domestic voters and grant 16 and 17-year-olds the vote? The Bill will further embed and entrench current laws that prevent 16 and 17-year-olds, either abroad or in the UK, from engaging in parliamentary elections.
I will not speak for long on amendment 79 because it is probing, and I wish to trigger a debate on the premise of maintaining the 15-year rule with exemptions for certain citizens. The amendment attempts to demonstrate that abolishing the 15-year rule entirely is a drastic, extreme move that will flood our democracy with money from overseas and threaten its integrity. Instead of abolishing it entirely, the Minister could exempt certain groups of people from the 15-year rule, with the necessary checks in place. For example, the Minister might want to exempt those who have fought for our country and might lose their right to vote by being away, which seems very unfair. In the same spirit, we may not want those who serve our country in the service of the Crown—some 1% of our civil service are permanently based abroad—to miss out on their chance to vote, nor those working for the British Council, with the services they perform for our nation and standing in the world, or those employed by a UK public authority or a designated humanitarian agency. Will the Minister consider that this approach might achieve her aim of enfranchising expats while still protecting our democracy?
Kemi Badenoch
I read the amendment very carefully, and it is a shame so much was put into it because it contains some interesting points that we could discuss with the Opposition given the spirit of what they are trying to do. I recognise it is a probing amendment as well. Unfortunately, the way the amendment has been worded would completely undermine our manifesto commitment to scrap the 15-year time limit on British citizens voting from overseas. I reiterate that we intend to deliver votes for life and extend the franchise for UK parliamentary elections to all British citizens living overseas who have previously been registered in the UK, and extending the franchise to those people sets a sensible boundary for the franchise for those who have a strong connection to the country.
Given that we have been talking about fraud and ensuring that the franchise is protected, proposed new paragraph (c)(ii) is interesting, and I would have liked to have spoken to the hon. Lady about it. I know these amendments came in fairly late and perhaps we might be able to discuss what she is seeking to achieve there.
However, the additional conditions set out in the amendment would weaken the sensible boundary I mentioned and exclude a large number of citizens with a deep relationship with the UK, so we cannot accept the amendment for that reason. Most British citizens overseas retain those deep ties: many still have family here; some will return here; many will have a lifetime of hard work in the UK behind them; and some will have fought for our country in the past but are no longer a member of the armed forces. We can see the strength of their continuing connections in the passion of the campaigns for votes for life. The amendment purposely excludes the voices of those who have deep ties and wish to participate in our democracy, but through no fault of their own do not meet those strict conditions.
Patrick Grady
The Minister is speaking of the deep ties that people who have lived away from this country for more than 15 years continue to maintain. Given that the Treasury told me it has not made any estimate of and “cannot identify” individuals registered as overseas electors within tax data, does she think that, once the system is up and running, some kind of survey, canvass or random sample might be worthwhile? That would help us understand the demographics and nature of those electors. Perhaps, as part of that survey, there could be an assessment of what tax those people pay to the UK Exchequer.
Kemi Badenoch
I do not think there is anything wrong with the hon. Gentleman’s suggestion. Obviously, I will not commit to anything here, but it is always useful to know the exact demographic information and what people are and are not doing. We have done more than any other Government to prevent tax avoidance in this country. If he has good suggestions for what we can do, I am sure that the Treasury will take them up.
The hon. Gentleman and the hon. Member for Lancaster and Fleetwood made a point about political donations. It is a shame that we are not rising above the fray and that we are making out that things are done for political reasons when they are not. A long-standing principle originally recommended by the Committee on Standards in Public Life is that permissible donors are those on the UK electoral register: if someone can vote for a party, they should be able to donate to it. Election law allows registered British expats to vote in UK parliamentary elections and to make those donations for up to 15 years.
I understand the point about taxation. However, since the adoption of universal suffrage, taxation has never been the basis of enfranchisement in the UK. Many people who could donate now pay tax in the countries they live in; others who pay tax on their pensions, property and investments in the UK might still not have a right to vote. Opposition Members’ tax explanation does not really add up.
Kemi Badenoch
Yes, I have just referred to that. However, within the UK, there are many who do not pay tax who can still vote. That is my point: the principle is not used universally at the moment. Many of the people who they are claiming do not pay tax actually quite often do. A classic example is full-time students, who do not pay tax but are allowed to vote.
The hon. Member for Lancaster and Fleetwood asked whether the Government have an indication of how many people we are talking about enfranchising. I do not have that information at my fingertips, but I can write to her on that specific point.
On the funding of electoral registration officers, the new burdens doctrine applies. We will not ask people to do things for which they do not have the resources.
The House has debated votes for 16 and 17-year-olds exhaustively. The fact is that 16 and 17-year-olds will eventually get the right to vote. The clause is a completely different issue, and we should not muddle them up. Based on those answers, I hope the hon. Lady feels we have had a sufficient debate and agrees to withdraw her probing amendment. We can have discussions on what else we can do to tighten up the franchise.
Alec Shelbrooke (Elmet and Rothwell) (Con)
It is a pleasure to serve under your chairmanship, Ms Ali. I was not going to comment on the amendment. However, while I have great regard for the shadow Minister, as she knows, I was disappointed in the route her speech went down by trying to make the issue about political donations. There is a system in this country for how our political parties are funded, and it is a cheap kick-around to try to say that our system is being corrupted. Donations to the Conservative party are declared through the official lines. Some of the examples the hon. Lady gave would still be eligible to make donations under existing legislation.
I make that point because this clause offered the possibility for some probing amendments to try to expand this issue, because it does need a great deal of thought. I am disappointed because the amendment is perhaps not clean enough to go down that road. However, I think that we are doing all of us in this House a disservice when we try to link a political issue to extending the franchise and the reasons behind that.
The Committee may recall that my right hon. Friend the Member for North Thanet (Sir Roger Gale) gave the example of Harry Shindler and that question is the driving force behind why he feels, despite being a Labour party member, that it is important to try to extend the franchise. Within the thinking—I say this as a former vice-chairman of the Conservative party, the international chairman of the Conservative party—at no time in any of the discussions about the idea was it linked to trying to bring in further funding from abroad.
We can get into a real political knockabout on political funding. We can talk about union funding; we can talk about the lack of tax returns from Unite the union. We can have that knockabout. What I have found over the years is that, yes, political funding can be a problematic thing, and it can be kicked about, but it is still a better position to have it than to have state funding for political parties, whereby people have their taxation used to fund a whole bunch of political parties whose political beliefs are nowhere near their own.
When we probe the clause, I make the plea that we should move away from trying to make out that there is some kind of corruption behind it, and stick to the arguments that many have made over a great period of time. I am sure that there are varying views in my party, even though there was a very clean line in the manifesto on this issue, about how things should go ahead and the implications, including about somebody who has basically absented themselves from this country for a long time—these are issues that are to be debated.
I put on the record my disappointment about how the amendment has been drafted and that it has been brought down to an issue that I do not think does anybody in this House a service—that is, when we try to paint the picture that there is something corrupt underlying legislation. My plea to the shadow Minister, when she sums up, is that she speak more to the amendments, because I am genuinely interested in them, although I do not think they are quite clean enough. My plea would be that we should please not bring this down to a level of, “This is just so you can expand your political funding”.
Cat Smith
I thank the right hon. Gentleman for his contribution. We always have very interesting to-ing and fro-ing in these Committees, as we both have a keen interest in elections and constitutional matters.
I will specifically address amendment 79. I am conscious not to stray too much into wider discussion of the clause, because we are debating the amendment. I am quite pleased with some of the reactions to it from the Government Benches, in exploring the options—not all of them. It would have been nice to have had a little more pre-legislative scrutiny, and maybe a draft Bill, because I think there was common ground on some of these issues.
I am keen not to stray too much into discussing political donations right now, but I am aware that I did set out my broad response to clause 10 to put amendment 79 into context. There is one very easy way of clearing up the matter, which would be basically not to have political donations attached to it, because then of course there would not be a debate at all.
I very much welcome the Minister saying that there was nothing wrong with the suggestion by the hon. Member for Glasgow North that there might be some Government assessment of tax intake from the voters who are likely to be enfranchised by this legislation. I certainly look forward to seeing such an assessment and I also look forward to her writing to me with the estimated number of overseas electors that the Department feels are likely to be enfranchised by the changes that clause 10 makes.
In that spirit, I beg to ask leave to withdraw my amendment.
Amendment, by leave, withdrawn.
Cat Smith
I beg to move amendment 80, in clause 10, page 13, line 36, at end insert—
“‘resident’ must be defined in regulations made by the Minister for the Cabinet Office or the Secretary of State”.
This amendment asks the Minister to address the challenges in defining residency.
The Chair
With this, it will be convenient to discuss amendment 81, in clause 10, page 14, leave out lines 8 to 11 and insert—
“(3) The second condition is that the person making the declaration (“the declarant”) proves that they qualify as an overseas elector in respect of the constituency by providing valid supporting documentation to the registration officer.
(3A) Valid supporting documentation for the purposes of proving qualification for the previous registration condition are—
(a) a poll card, or
(b) a letter from the appropriate local authority stating that the person was on the electoral roll at the appropriate time.
(3B) Valid supporting documentation for the purposes of proving qualification for the previous residence condition must include—
(a) one document from List A, or
(b) two documents from List B.
(3C) For the purposes of subsection (3B), List A documents include but are not limited to—
household utility bill (such as gas, electric, water or telephone);
full UK photocard driving licence with signature or ‘old style’ driving licence (including provisional or expired licences);
bank, building society or credit card statement, or bank or building society passbook, local authority tax bill (e.g. council tax bill);
local authority rent book;
solicitor’s letter confirming house purchase or land registry confirmation, or an official copy of the land register or other proof of title;
HM Revenue & Customs (Inland Revenue) tax document such as a tax assessment, statement of account or notice of coding;
original notification letter from the relevant benefits agency confirming entitlement to benefits or the state pension;
pension or benefit correspondence from the Department for Work and Pensions;
instrument of a court appointment, e.g. probate or court-registered power of attorney.
(3D) For the purposes of subsection (3B), List B documents include but are not limited to—
payslip;
employment document, such offer of employment or reference;
school, college or university (or UCAS) document, such as offer of a place, or confirmation of attendance;
insurance documents, such as full insurance schedule, or letter confirming insurance cover;
student loans company letter;
mobile telephone bill;
other evidence prescribed in guidance given by the Minister.
(3E) To be valid supporting documentation, a document must contain both a date (which can be earlier than the date the declarant left the address concerned) and the declarant’s declared last address in the United Kingdom.”
This amendment puts pre-existing guidance for providing documentary evidence for residency (see 3C and 3D) on the face of the Bill. The amendment also outlines additional evidence for proving previous registration.
Cat Smith
Amendments 80 and 81 both relate to the definition of residency and the evidence that is needed for someone to be classed as a resident. Amendment 80 is a probing amendment, with which I ask the Minister to address the challenges involved in defining residency. The ambiguity surrounding the notion of residency is critical to the future integrity of the franchise. There must be a clear definition of residency before the Government can consider enfranchising the millions of overseas electors who would be eligible under the new provisions. As yet, we have not seen any definition of electoral residence.
Currently, residence is understood to mean a considerable degree of permanence. That means that a person with two homes who spends the same amount of time in each can legally register at both addresses. A lot of hon. Members might be familiar with that situation, as many are registered to vote in both London and their constituencies. The Law Commission’s 2016 interim report recommended:
“The law on electoral residence, including factors to be considered by electoral registration officers, and on special category electors, should be restated clearly and simply in primary legislation.”
Over five years later, we have not had a Government response on that issue.
Although the definition of residence might seem a tedious issue, it is critical to the Bill. The Bill provides that overseas electors can register to vote using only evidence of previous residency, and that is an entirely new and untested voting qualification. The checks on residency in the Bill are very weak. A British expat qualifies to vote as a previous resident if they can provide one piece of evidence connecting them to a residence in the UK at any point in their lives. However, supplying a single piece of evidence at a single point in time does not actually prove residency. According to the Association of Electoral Administrators, scrapping the 15-year rule would increase the potential for electoral fraud, and it would be extremely difficult for EROs to determine the residency of overseas voters and check the validity of the attestation. Marginal constituencies in the UK could see an influx of overseas voters because of the changes brought in by the Bill. It is undoubtedly possible for a determined individual wishing to sway the result of a close election to forge documentation tying them to a past residency in a particular constituency. Moreover, there are no provisions to prevent an overseas elector registering with more than one local authority where they had been on the register. The Bill could open a Pandora’s box of unknown implications for the security of our elections, and for this reason the Government should define what exactly they mean by residency before we plough ahead with the policy.
Amendment 81 is also a probing amendment. It seeks to clarify what documentary evidence the Government see as necessary to register as an overseas elector. If an electoral registration officer needed to check on the registration of a domestic voter, they could simply go to the property, but that is not the case with overseas voters. The Bill asks EROs to determine whether evidence from overseas voters is sufficient. Although I trust the skill and experience of electoral registration officers, I am concerned that there will be a lack of consistent practice across the United Kingdom when it comes to deciding what is acceptable proof of previous residency or connection to a constituency.
Amendment 81 would put into the Bill the pre-existing Government guidance on declaration requirements. All domestic voters are now required to provide a national insurance number, full name and passport details, and they must be made aware of the criminal penalty for false declaration; the same should also be required for overseas voters. If it is good enough for domestic voters, overseas voters should be held to the same standard. I do not intend to press either amendment 80 or amendment 81 to a Division, but I hope the Minister might take the opportunity to clarify the issues that I have raised and perhaps to clarify the Bill with a Government amendment.
Kemi Badenoch
There are two aspects to this group of amendments: creating a statutory definition of residence and the list of evidence of residency. A statutory definition of residence, however well drafted, could end up inadvertently disenfranchising some groups or individuals. Linking the definition to physical residence could be problematic. For instance, an elector may be classed as resident at an address despite not being physically resident: they may be working in a different location, studying—students can register in two constituencies—or in hospital for a long time. Any definition must capture every eventuality; the risk is that, if it cannot, the results may not be as the hon. Member for Lancaster and Fleetwood intended as it would mean the inadvertent exclusion of these groups.
Cat Smith
I beg to move amendment 82, in clause 10, page 15, line 5, leave out from first “requirements” to end of line 6 and insert—
“(fa) contain a valid attestation of identity under section [Attestation of identity],”.
This amendment requires an overseas elector’s declaration to include a valid attestation of identity in accordance with the requirements of Amendment 83.
The Chair
With this it will be convenient to discuss amendment 83, in clause 10, page 16, line 15, at end insert—
“1CA Attestation of identity
(1) A valid attestation of identity must contain attestations from two attestors.
(2) The first attestor must be a registered elector resident in the constituency in which the declarant wishes to be registered.
(3) The second attestor must be a registered overseas elector.
(4) An attestor must not be the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the declarant.
(5) An attestation must—
(a) be in writing and signed by the attestor,
(b) swear that, to the best of the attestor’s knowledge, the declarant is the person named in the declaration,
(c) state the attestor’s British passport number together with its date of issue,
(d) be dated on the date on which the attestation is made,
(e) confirm that the person attestor is aware of the offence, under section 13D of the Representation of the People Act 1983, of providing false information to a registration officer, and
(f) confirm that the attestor is a person of good standing in the community.
(6) For the purposes of paragraph (5)(f), examples of a person of good standing in the community include, but are not limited to, the following or their local equivalents—
accountant
airline pilot
articled clerk of a limited company
assurance agent of recognised company
bank or building society official
barrister
chiropodist
Commissioner of Oaths
civil servant (permanent)
dentist
director, manager or personnel officer of a limited company
director or manager of a VAT-registered charity
director or manager or personnel officer of a VAT-registered company
engineer (with professional qualifications)
financial services intermediary (e.g. a stockbroker or insurance broker)
fire service official
funeral director
insurance agent (full time) of a recognised company
journalist
Justice of the Peace
lecturer
legal secretary (fellow or associate member of the Institute of Legal Secretaries and PAs)
licensee of public house
local government officer
medical professional
member, associate or fellow of a professional body
Merchant Navy officer
minister of a recognised religion (including Christian Science)
nurse (Registered General Nurse or Mental Health Nurse)
officer of the armed services
optician
paralegal (certified paralegal, qualified paralegal or associate member of the Institute of Paralegals)
pharmacist
photographer (professional)
police officer
Post Office official
publicly-elected representative (such as MP, Councillor or MEP)
president or secretary of a recognised organisation
Salvation Army officer
social worker
solicitor
surveyor
teacher
trade union officer
travel agent (qualified)
valuer or auctioneer (fellows and associate members of the Incorporated Society of Valuers and Auctioneers)
warrant officers and chief petty officers.”
This amendment, which relates to Amendment 82, requires overseas electors to provide two forms of attestation of identity – one from an individual living in the constituency in which the elector is registering and one from an overseas elector.
Cat Smith
As is the theme, amendments 82 and 83 are probing amendments. They relate to attestation requirements for overseas voters, which there is space for the Government to strengthen substantially to prevent foreign interference in our elections. The amendments say that there should be two forms of attestation: one from an individual in the constituency where the elector is registering, and one from an overseas elector. This should provide a more robust approach to verifying the identity of an overseas elector. The Association of Electoral Administrators said that it had
“concerns as to integrity, with the possibility of increased applications via this route in a marginal UK parliamentary constituency.”
Such declarations could be made without documentary evidence, and the AEA questioned how likely it is that a false declaration would result in prosecution, when the attestor, as well as the applicant, live abroad. Given that, I do not think that a sworn statement is sufficient security to prevent fraudulent applications. Currently, all we require is that identity must be attested to by another overseas-registered elector who is not a close relative.
More worryingly, overseas electors who do not have access to documentary evidence are entitled to make a declaration of local connection. They can still register even if they have no proof that they were ever resident in the UK; they simply need another overseas elector to make a sworn statement about their identity. Effectively, multiple fraudulent overseas electors could attest for each other at different addresses in the UK using a declaration of local connection; that would allow for multiple false registrations. If it comes down to just a handful of votes—as does happen—fraudulent applications to register to vote could swing elections to this place. I ask the Minister to consider amendments 82 and 83, and to see ways that we can strengthen the integrity of our elections in this regard.
Kemi Badenoch
The amendments would require all declarations from overseas electors to contain two attestations, which is linked to the important principle of the Bill that only those entitled to register are permitted to do so. However, mandating applicants to in all cases provide an attestation of identity as part of their application would be inconsistent with the application process for domestic voters and the current process for overseas electors. The Government do not accept the principle that overseas electors ought to be treated differently and certainly cannot agree to such a burdensome threshold, which would add a significant extra layer of bureaucracy not only for the applicant but for the electoral registration officer, which the hon. Lady just mentioned wanting to avoid. Indeed, it could preclude people who are currently eligible from registering. We intend to strike that balance between ensuring that the registration system works well for citizens and administrators and maintaining the security of our elections.
I take the hon. Lady’s point that we should not create more opportunities for people overseas to do fraudulent things in order to get on the electoral register; that is quite right. We need to make sure that effective measures will be in place for overseas electors to prove their identity. That is absolutely our intention. As I have said when discussing previous amendments, the Bill contains provisions to make secondary legislation that will enable an electoral registration officer to seek additional evidence to verify an applicant’s identity where they consider that that is required, but it is not prescriptive about the nature of that evidence. I suggest that the Government continue to work closely with the hon. Lady and stakeholders to develop a balanced solution. To reassure her, I share her sentiments completely regarding the importance of having in place robust processes for applicants, but I hope she understands why, at this point, we cannot accept the amendment.
Cat Smith
I beg to move amendment 84, in clause 10, page 16, line 15, at end insert—
“1CA Closing date for electoral registration applications by overseas electors
(1) The Representation of the People (England and Wales) Regulations 2001 are amended in accordance with subsections (2) and (3).
(2) In regulation 56, after paragraph (7), insert—
‘(8) This regulation does not apply to applications by overseas electors.’
(3) After regulation 56 insert—
‘56A Closing date for electoral registration applications by overseas electors
(1) The provisions in this regulation relate to applications to vote by post or proxy by overseas electors in parliamentary elections.
(2) An application by an overseas elector under paragraph 3(6) or (7) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election and an application under paragraph 4(3) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at that election.
(3) An application under paragraph 3(1) or (2), or 6(7) or 7(4) of Schedule 4 shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at that election.
(4) An application under paragraph 4(1) or (2) or 6(8) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the thirteenth day before the date of the poll at the election for which it is made.
(5) An application under paragraph 7(7) of Schedule 4 shall be refused if it is received by the registration officer after 5 p.m. on the eighteenth day before the date of the poll at the election for which it is made.
(6) An application under—
(a) paragraph 3(5)(a) of Schedule 4 by an elector to be removed from the record kept under paragraph 3(4) of that Schedule, or
(b) paragraph 7(9)(a) of Schedule 4 by a proxy to be removed from the record kept under paragraph 7(6) of that Schedule,
and a notice under paragraph 6(10) of that Schedule by an elector cancelling a proxy’s appointment shall be disregarded for the purposes of a particular parliamentary election if it is received by the registration officer after—
(i) 5 p.m. on the eighteenth day before the date of the poll at that election in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under paragraph 3(4) of Schedule 4, and
(ii) 5 p.m. on the thirteenth day before the date of the poll at that election in any other case.
(7) In computing a period of days for the purposes of this regulation, the same rules shall apply as in regulation 56.’
(4) The Secretary of State must, by regulations, amend—
(a) the Representation of the People (Scotland) Regulations 2001, and
(b) the Representation of the People (Northern Ireland) Regulations
so that each closing date in Scotland and Northern Ireland for electoral registration applications by overseas electors moves back by seven days in keeping with the amendments made for England under subsections (2) and (3).”
This amendment pushes back the deadlines to register to vote for overseas voters by 1 week to allow electoral administrators more time to process applications.
Amendment 84 would push back the deadline for overseas electors to register to vote by one week, allowing electoral administrators more time to process applications. The timescale for registration deadlines does not work, as we heard in evidence, and the amendment seeks to improve that situation.
The single biggest concern I hear from overseas voters is that they do not receive their postal vote in time and so are not able to return it in time for their vote to count. Concern has already been raised with the Committee by the sector and more widely about the timescale for postal ballots for overseas voters to go out, which of course is not easy when postal systems globally are so varied. In many ways, there is currently simply insufficient time for an ERO to register and process overseas electors’ last-minute postal vote applications and to send them so that they can be returned in a timely manner. I seek a practical solution for this issue.
Alec Shelbrooke
This may purely be my misunderstanding of the amendment, so I stand to be corrected, but would the consequence of the amendment be to extend the election period beyond 25 days?
Cat Smith
I do not believe that it would; perhaps I have misunderstood the right hon. Gentleman’s intervention. The amendment would make overseas electors’ deadline to register as an elector in a constituency a week earlier than that for domestic voters so that EROs would be able to prioritise getting those postal votes out. In the evidence sessions, I was struck by what EROs were saying. An overseas elector currently has the same deadline to register to vote as a domestic voter. If EROs send a ballot paper to a postal voter in Lancaster who registered on the deadline day, we can be quite confident that our postal system is robust enough that the ballot paper could reach the voter and that the voter could return it. However, when it is going to the other side of the world, we know that they could not. Allowing that extra week would ensure that overseas voters’ votes are more likely to count when they cast their ballots, rather than so many, as currently, being disenfranchised because postal systems do not allow their ballot paper to get back in time.
Alec Shelbrooke
I understand the point that the hon. Lady is making. What I am unclear about is what happens if the registration deadline is moved further into the election. I am not sure where the hon. Lady is going, because she is talking about the time to return the mail, so we are talking about registration and then the ballot being sent out and coming back. Is there confidence in the timeframe for the ballot itself to come back, if we are talking about delays in the timeframe, or do we need to add more time to the overall short campaign as a consequence of the amendment? I could be entirely wrong on all of this, which is why I am probing the hon. Lady on the amendment.
Cat Smith
If I understand the right hon. Gentleman correctly, I think we have identified the same issue, and I am going to go out on a limb here and say that we probably agree it is a problem that so many of these electors’ ballots are not returned. My proposed solution—I would be very keen to hear solutions from any member of this Committee; I do not believe any one of us has a monopoly on knowledge or innovation—is that allowing EROs an extra week on the UK end, at the start of the process of issuing a postal ballot to an overseas elector, would increase the chances of many of these ballot papers being returned in time. I do not see the amendment as changing the electoral timetable for domestic voters or the wider election, which I think is what the right hon. Gentleman is asking.
I hope that the exchange that I and the right hon. Gentleman have just had has not confused the Committee too much. My intention is to give EROs the extra time that they will need to register overseas electors, which takes longer than registering a domestic elector. The aim is for them to be able to issue, post and have returned a postal voting form from overseas electors, thereby ensuring that fewer overseas electors are disenfranchised in future elections.
Kemi Badenoch
I am afraid that the amendment would have what I suspect is an unintended consequence, so we cannot accept it. In short, it prevents many overseas electors from casting their ballots, for this reason: the registration deadline for overseas electors is 12 working days before the poll. The amendment does not change that, but it makes the deadline for applying for an absent vote earlier than the registration deadline. The effect is that someone who registers by the registration deadline would not be able to vote because they would not have made their absent vote application, and the only way they could fix that would be to travel back to the UK for polling day. The proposed changes to move other absent vote deadlines further from polling day would make it more difficult for some overseas electors to update or alter their absent voting arrangements ahead of the election. Because our intention is to facilitate greater participation in our democracy among British citizens living overseas, we cannot accept the amendment.
Fleur Anderson
May I ask a question about potentially putting some aspects of this into secondary legislation? In other countries, overseas electors are able to avail themselves of the opportunity of going to their embassy—or our equivalent, the high commission—in order to post their ballot paper. That might help with some of the short timings, and also with the burden that we are putting on our EROs in local councils here. Have there been any discussions with the Foreign, Commonwealth and Development Office about the use of embassies within this process to enable our overseas voters to vote?
Kemi Badenoch
I have not had a formal conversation with the FCDO, but I have had conversations with officials about what else we could do on the specific point that the hon. Lady has raised. The issue is that not everybody lives near an embassy, so that does not necessarily solve the problem that she has described, but we have tried to solve the problem of registration and making things easier for electoral registration officers in another way. The Bill enables overseas electors to remain registered for longer with an absent vote arrangement in place ahead of the election, so that is a burden that is being taken off the EROs. At the moment, the registration period for overseas electors is one year, so that is what those EROs have to deal with. We will extend that to three years in the Bill. Then, in addition, electors will be able to reapply or refresh their postal absent vote arrangements, as appropriate, at the same time as renewing their registrations. I think those changes will have the effect that Opposition Members want, by reducing the workload on electoral administrators during the busy election period.
Cat Smith
Obviously, I am shocked that the Minister has not accepted my amendment. [Laughter.] That does not get away from the fact that we have a real problem with overseas electors not being able to cast their votes, and I feel that there is nothing in the Bill that goes far enough to ensure that overseas electors can get a vote returned to the UK in time for it to be counted in an election. Because of my frustration with that situation, I would like to press the amendment to a vote.
Cat Smith
I beg to move amendment 85, in clause 10, page 18, line 31, at end insert—
“1F Report on awareness of how to participate in elections as an overseas elector
(1) The Secretary of State must publish a report on levels of awareness of how to participate in parliamentary elections as a UK elector among—
(a) persons entitled to vote as an overseas elector under the provisions of this Act, and
(b) overseas electors in general.
(2) The report shall consider awareness of—
(a) the law governing entitlement to qualify and vote as an overseas elector,
(b) the processes of registering and voting, and
(c) other matters as the Secretary of State sees fit.
(3) The report shall set out any steps the Secretary of State intends to take to increase awareness of—
(a) how to participate in elections as an overseas elector, and
(b) the provisions of sections 1 to 1E of this Act.
(4) The Minister may not make regulations to bring section 10 of the Elections Act 2021 into force until the report under this section has been laid before Parliament.”
This amendment would require the Government to report on levels of awareness among overseas electors as to how to participate in UK parliamentary elections before the provisions on overseas electors can come into force.
The Chair
With this, it will be convenient to discuss amendment 86, in clause 10, page 18, line 31, at end insert—
“1F Report on the effects on the number of registered electors
(1) The Secretary of State must prepare and publish a report on the effects of sections 1 to 1E of this Act on—
(a) the number of overseas electors registered to vote in Parliamentary elections in each constituency, and
(b) the policy implications of any such changes.
(2) The report must consider—
(a) whether any differential effects on the electorates of constituencies necessitates a review of constituency boundaries, and
(b) the merits of creating one or more constituencies with electorates comprised of overseas electors.
(3) The report must be laid before Parliament no later than three years after the day on which the Elections Act 2021 is passed.”
Cat Smith
Amendments 85 and 86 are on a report on awareness of overseas electors and a report on the effects of the number of registered electors. These two amendments ask the Government to provide crucial detail about the true impact of clause 10.
Amendment 85 would require the Government to report on levels of awareness among overseas electors about how to participate in UK parliamentary elections before the provisions on overseas electors can come into force. Surveys by the Electoral Commission have demonstrated the widespread lack of awareness about what it means to be an overseas voter and the eligibility criteria necessary to vote. That lack of awareness has no doubt created a significant barrier to casting a ballot.
An Electoral Commission survey found that there was a widespread lack of awareness about eligibility requirements, with 31% of respondents believing that eligibility required receiving a UK state pension and 22% believing that owning a property in the UK was required. Indeed, the Association of Electoral Administrators has previously stated that
“voter education is needed to inform overseas electors about the different ways available to them to cast their ballot.”
Before enfranchising millions more overseas electors, should not the Government focus on ensuring that those people who already have the vote are actually aware of their rights and how to exercise them?
Amendment 86 is tabled in a very similar spirit. It attempts to answer the number of unanswered questions that have resulted from clause 10. It is essential that there is appropriate evaluation and investigation of the effects on our democracy of passing the Bill. We must have a clear idea about the sheer volume of people who we are enfranchising and whether that is likely to impact our finely balanced constituency maps.
The potential introduction of millions of new voters will undoubtedly have consequences for our constituency boundaries—some Members have endured the attentions of the Boundary Commission as well. The number of overseas voters registering to vote has risen exponentially over the past 10 years and it continues to rise. It is estimated that potentially 5 million new voters will be enfranchised, so detailed provision must be put in place as to how those voters will affect current UK constituencies.
As the Minister knows well, the Opposition want a fair boundary system that benefits our democracy and not only the electoral interests of the Conservative party. The spread of new voters across these constituencies and how they will be allocated is crucial, and there must be detailed consideration to prepare for that.
In addition, I wonder whether the Minister has considered the benefits of introducing a separate constituency for overseas electors. On Second Reading of the Overseas Electors Bill in 2017, several Members referenced arrangements in France, where 11 seats in the Assemblée Nationale are reserved for French nationals living overseas, covering different zones of the world outside France and French territories, which of course have their own seats within the Assemblée Nationale. Will the Minister confirm whether any efforts have been made to investigate the potential benefits of overseas constituencies?
Kemi Badenoch
Unlike the previous amendments that we discussed, we are in complete disagreement with these amendments; the Government just do not believe that they are necessary. Amendment 85 would require the Government to produce a report that would unnecessarily delay the implementation of these measures. It is of course important that our fellow citizens are informed of these changes to their rights, and the Government fully intend to play our part in that process, working closely with the Electoral Commission and others. The transitional provisions in the Bill also include a discretionary power that would enable the Government to use the data we hold to promote awareness of the franchise changes around the time that they come into effect. In line with its statutory duties, the Electoral Commission will work on specific communications activity designed to target those overseas residents who have been added to the franchise, to raise awareness of the removal of the 15-year limit and how best to participate in future elections.
Chris Clarkson (Heywood and Middleton) (Con)
I want to pick up on what the shadow Minister said; Government Members have a great deal of regard for her, so this is purely a geeky rhetorical point. On overseas constituencies and the French example, the Third constituency for French residents overseas contains the United Kingdom and has about 85% of its electorate in Greater London. Does the Minister agree that that does not particularly serve the interests of constituents living in, for example, Estonia or northern Greenland, which are in the same constituency, who may not be able to access their Member of Parliament? Those constituents may have closer links with their home constituencies, where family members or friends may live.
Kemi Badenoch
My hon. Friend makes a good point about the complexity of that, which I will touch on later.
We do not agree with amendment 85. We encourage campaigners, parties and interested people of whatever political stripe to play their part in informing British citizens living overseas about these changes and related matters.
Amendment 86 would require a separate report on the impact on constituencies of the number of overseas electors. As my hon. Friend the Member for Heywood and Middleton sort of alluded to, overseas electors come from all corners of the United Kingdom. They will be entitled to register in the last place that they were registered or, if they were never registered, the last place that they were resident, which could be in any constituency. At each boundary review, the four boundary commissions take account of changes to the electorate to ensure a more equal distribution of electors across constituencies. All registered electors, whether domestic or overseas, form part of that electorate and will be part of the calculations for boundary reviews, so we do not need a report to determine whether a review of constituency boundaries is needed; that is already taken into account by the boundary commissions.
The proposed report in amendment 86 also refers to creating new separate overseas constituencies. We do not need a report to know that that is unnecessary and undesirable, not only because we are not French, but because overseas electors will continue to register in constituencies to which they have a significant and demonstrable connection. That constituency link is a cornerstone of our democracy.
On the shadow Minister’s point about effectively establishing an MP solely to represent overseas electors, that would be a significant change to the UK parliamentary system. The French have had it quite possibly even back to colonial times—I seem to recall that there were colonial MPs there; it is something that they have been doing for a very long time—but it would be a significant change to the UK parliamentary system, which would require complex bureaucratic deliberations to decide how many constituencies would be created and then to draw up and maintain those constituency boundaries. Overseas constituencies would also require changes to the way that the electoral administration of voters and conduct of polls is organised in Great Britain, where responsibility lies at local authority level.
The Government’s proposals in the Bill are the product of careful consideration. We want to work well with the Opposition and will continue to work closely with the electoral administration community and relevant stakeholders on the technical aspects of the policy’s implantation. However, the proposed report would not do what the amendment says and would not be a good use of that community’s time and resources.
Cat Smith
I suppose this is the opportunity to respond to the hon. Member for Heywood and Middleton, who picked up on the issue of overseas constituencies being quite large. He gave the example of the northern European constituency in the French Parliament. Many UK constituencies are quite large—not quite as large as that, admittedly, but it would take me an hour and a half to drive from the most easterly to the most westerly point of my constituency.
Chris Clarkson
The problem is that we actually find it exciting. Does the hon. Lady accept that the boundaries Bill Committee, which we both served on, set a geographical limit on the size of constituencies; and that the proposed Highland North constituency, which will actually be slightly larger than Qatar, is at the extant limit of that?
Cat Smith
We were right to do that in that Committee. I am conscious that I am veering into discussing an Act not related to this Bill Committee, so I will be careful in what I say and how I frame this.
There is a difference between UK constituencies and overseas constituencies. I envisage an overseas Member of Parliament communicating using electronic means. If we have learned anything from the last 18 months during the covid pandemic, it is that, even when we are locked in our own back bedroom because of lockdown, we are still able to communicate with our constituents via Zoom and telephone surgeries. The advancement of technology is, as we always say, making the world a smaller place and offers us more opportunities, as parliamentarians, to engage with our electorates.
However, one challenge with the current system of enfranchising overseas electors—I am interested in the hon. Gentleman’s thoughts on this—is that as the hon. Member for Heywood and Middleton, for example, he does not have an opportunity to canvass and knock on the doors of the overseas electors who will vote for him, or not, in a subsequent general election. Those voters often only register a matter of weeks before a general election. What he writes in his local paper as the Member of Parliament will often not be read by those voters, because they are not going down to the local shop and buying that paper. There is more space to explore.
The Minister said that introducing overseas constituencies would be a radical change to our democracy. That is not a reason to overlook it. There have been radical changes to our democracy before. The enfranchisement of women was a fairly radical change to our democracy—I would argue, and I am sure Committee members agree, that that was a good change—as was lowering the voting age from 21 to 18. I do not think that radical change is necessarily bad change, and I think we should explore overseas constituencies as a Committee. I can see that the hon. Gentleman is keen to intervene.
Chris Clarkson
I will start on a note of agreement: radical change does not have to be bad change. I am the proud great-grandson of a suffragette who was arrested with Mrs Pankhurst—something we are very proud of in our family. However, I will pick up on the hon. Lady’s point about not being able to communicate with electors. I think she will agree that, in her constituency, for example, issues raised in in Fleetwood might not necessarily be the same as those raised in Lancaster, so there is already diversity within constituencies. That is certainly the case with Heywood and Middleton, two very different towns. Let us extrapolate from that. Hypothetically, if I represented a constituency that involved Israel, Cyprus and Egypt, very different issues would affect my constituents, and I would not actually be on the ground and directly engaged with those issues; I might live in one of those countries, but I might not be directly engaged with the issues affecting my constituents. The hon. Lady made a salient point about being able to use technology to communicate with people. If I want to speak to my overseas electors now, all I need to do is get the electoral roll, find out who is registered and put out a notice on my Facebook page—for example, “Are you registered to vote in Heywood and Middleton while living abroad? Here’s a Zoom call with Chris.”
There are ways of making this work—in fact, technology has made it more practical to do it as we are doing. Having overseas constituencies, however, creates disparate groupings; it would be very hard to represent the commonality of British citizens living in two different countries, with different ways of life, facing different challenges. They might include aid workers in the middle east and expats living next door to RAF Akrotiri. They will have very different interests. It is extremely difficult for an MP to represent that range, especially if they are not physically present most of the time.
Cat Smith
I may have forgotten the first part of the hon. Gentleman’s intervention; I ask his forgiveness if I do not respond to that. If the hon. Gentleman put out a Facebook ask to his overseas electors about a Zoom surgery, I would be interested in how successful that was. Perhaps we can discuss that in the Tea Room when the Committee adjourns.
I come back to amendments 85 and 86, Ms Ali; I can sense your mood. They are probing amendments, and I am glad that they have stimulated debate—across the whole Committee, I hope, and not just from the hon. Member for Heywood and Middleton. He obviously has a varied constituency, with the issues raised in Heywood being very different from those raised in Middleton. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 6 be the Sixth schedule to the Bill.
Kemi Badenoch
Clause 10 and schedule 6 deliver on the Government’s manifesto commitments to make it easier for British expats to vote in parliamentary elections and to get rid of the arbitrary 15-year limit on their voting rights. That will enable greater participation in our democracy among our fellow British citizens living overseas.
The Government believe that the current 15-year limit is arbitrary and anachronistic in an increasingly global and connected world. Most British citizens overseas retain deep ties to the United Kingdom. Many still have family here, some will return here, and many will have a lifetime of hard work in the UK behind them. Some will have fought for our country.
Going forward, any British citizen who has previously registered to vote in the UK or was previously resident in the UK will be able to register as an overseas elector. That sets a reasonable boundary for the overseas elector franchise. Previous registration or residence denotes a strong connection to the UK. Individuals will be eligible to register in respect of one UK address—the last address at which they were registered to vote, or, if they were never registered in the UK, the last address at which they were resident. This approach maximises continuity with the existing registration system, which electors and administrators are familiar with. It puts in place clear rules regarding where persons may register. It will also ensure that overseas electors, like now, have a demonstrable connection to the place where they vote.
As I stated when we were debating amendments 79, 80 and 81, I recognise and share some Opposition concerns, such as those about reducing the opportunities for fraud and for using loopholes. I will work with the hon. Member for Lancaster and Fleetwood and other stakeholders to make sure that we confer these rights properly. I reiterate that the changes will facilitate participation by making it easier for overseas electors to remain on the register, and there will be an absent vote arrangement in place as well.
Clause 10 will extend the registration period for overseas electors from one year to three years. That will be accompanied by a fixed-point renewal cycle, under which all overseas electors’ declarations will expire on the third 1 November after they are made. That three-year cycle aligns with the postal vote renewal measures elsewhere in the Bill, to make it easier for overseas electors to reapply or renew their absent vote arrangements at the same time as renewing their registration. Changes to the registration period and the registration renewal process will benefit not only citizens but electoral administrators by reducing their workload during busy electoral periods.
Finally, the transitional provisions in schedule 6 include a discretionary power that will enable the Government to use the data they hold to promote awareness of the franchise changes around the time when they come into effect.
Patrick Grady
I do not have much to add, because I think the matter has been dealt with pretty well in debates, and in the evidence sessions. I reiterate that UK voters do pay tax if they live here, because they buy things and pay VAT, so there is a point about taxation and representation. I appreciated the Minister’s earlier comments, and I hope for a little more analysis of exactly how people who have lived away from this country for a long time and can now vote will do so.
Engagement with overseas electors is valuable. I have a small number registered in Glasgow North, and they will sometimes offer quite valuable perspectives. Perhaps one of the takeaways from this is that we can all organise Zoom surgeries for our overseas electors. SNP Members will continue to do our best to increase the number of overseas electors in the UK Parliament, largely by making Scotland an independent country, and then people who live in Scotland who want to register as overseas electors for elections to the UK Parliament will be able to do so.
Alec Shelbrooke
On that basis, will Scottish residents living in England be able to vote in any possible future referendum?
Patrick Grady
I think that may be outwith the scope of the Bill, although I will speak later about encroachment into devolved matters. There was some call for what the right hon. Gentleman suggests, but it would be difficult for the Scottish Parliament to legislate for it. We have a legislative framework here that defines an overseas elector, and that would not apply to people who live elsewhere in the United Kingdom, but I can see from the Chair that this is definitely outwith the scope of the Bill, so I will leave it at that.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Schedule 6 agreed to.
Clause 11
Voting and candidacy rights of EU citizens
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Government amendments 8 to 20.
That schedule 7 be the Seventh schedule to the Bill.
Government amendment 7.
Kemi Badenoch
Clause 11 and schedule 7, which is associated with it, amend the voting and candidacy rights of European Union citizens. The law as it stands reflects our old obligations under EU law. It grants local voting and candidacy rights automatically to all EU citizens resident in England and Northern Ireland. That extends to Wales for police and crime commissioner elections. Since those rights were granted under freedom of movement rules, no immigration-based eligibility requirements are attached to them. Now that the UK has left the EU, it is no longer appropriate for there to be a continued automatic right to vote in, and to stand in, local elections solely by virtue of being an EU citizen. The concept of the UK participating in joint EU citizenship has ended.
The clause and the associated schedule will remove the automatic granting of rights to EU citizens to vote, to register to vote, and to stand in all levels of council election and referendums in England, Greater London Assembly and mayoral elections, elections for local authority and combined authority mayors in England, council elections in Northern Ireland, and Northern Ireland Assembly elections.
The Government believe that the voting and candidacy rights of EU citizens living here must be considered alongside those of citizens of the UK living in EU member states. The Government’s approach is a sensible one of recognising established rights, while moving to new bilateral agreements with individual nation states in the EU. That ensures we are protecting the rights of British citizens living in EU countries.
To give effect to that intention, the clause and the associated schedule will grant local voting and candidacy rights only to those EU citizens legally resident in the UK who are from countries with which the UK has a voting and candidacy rights treaty. Such treaties will ensure the preservation of voting and candidacy rights for citizens of the UK living in EU member states with which such a treaty has been agreed. We have four such treaties, and we remain open to negotiating with other EU countries.
Over and above that, provisions are included to honour our commitment to respect the rights of those EU citizens who chose to make their home in the UK before our departure from the EU. The relevant provisions preserve the rights of all EU citizens who were resident in the UK at the end of the implementation period and have lawful immigration status to vote and stand in local elections. In line with Home Office policy, specific and limited exceptions are included in the provisions, which relate to the operation of the grace period regulations and the EU settlement scheme.
I draw Members’ attention to part 4 of the schedule, which gives effect to the Government’s public commitment that persons elected to office before the measures come into effect will be enabled to serve their full term in office. Additionally, the Government have tabled minor and technical amendments that do not change the intended scope or effect of the provisions but ensure that they will operate as intended. The Government therefore urge hon. Members to accept the amendments, and to agree that clause 11 stand part and that schedule 7 be the Seventh schedule to the Bill.
Cat Smith
The Labour party strongly believes that all those who are subject to local laws and politics have a claim to political representation. Essentially, anyone who lives in a local area and uses public services should have a say in how they are run. That fits with our arguments on overseas electors. Anyone who has lived outside a country for a substantial amount of time can no longer claim to have such a close connection.
Although the Labour party welcomes efforts to ensure that some UK residents from the EU will retain their voting rights, we do not think that the provisions go far enough. At present, citizens of European Union member states resident in England and Northern Ireland are automatically granted voting and candidacy rights in local elections, Northern Ireland Assembly elections and police and crime commissioner elections by virtue of being EU citizens. The rights granted to EU citizens in the United Kingdom were reciprocated, so that UK citizens living in EU member states were also granted local voting and candidacy rights in their respective countries.
Now that the UK has left the European Union, and with the ending of free movement, the basis for an automatic grant of voting and candidacy rights to a European citizen of course no longer exists. Correspondingly, individual EU member states are now able to set their own rules for local voting rights with reference to resident UK citizens. I put on record that the Labour party would like to see measures to ensure that citizens from countries that already unilaterally grant local electoral rights to British citizens resident there are granted local electoral rights in England and Northern Ireland, regardless of whether the UK has negotiated a bilateral treaty with that country.
Luxembourg citizens resident in the UK can vote in England and Northern Ireland local elections, whereas Dutch citizens cannot, even though British citizens resident in both Luxembourg and the Netherlands have local electoral rights in those countries. Since the Secretary of State already has the power to remove from the list a country that ceases to be party to the relevant bilateral treaty, they should similarly have the power to remove countries from the list when the local electoral rights of British citizens in that country are unilaterally removed.
Although the Labour party welcomes efforts to ensure that some UK residents from the EU retain their voting rights, we do not think that the provisions go far enough. We emphasise that people who live here, who contribute to society in a broader sense than just through paying taxes, and who stand to be affected by the outcomes of any electoral process, should have the right to vote. That principle is already active in UK electoral law as it relates to overseas voters.
Patrick Grady
It is regrettable that the Government have had to table such a substantial number of technical and drafting amendments. It goes back to the point that we made yesterday about what could have been achieved had there been a comprehensive programme of prelegislative scrutiny and a bit more preparation before we launched this parliamentary phase of scrutiny of the Bill, but there we go. I agree with the Labour Front-Bench spokesperson that the Government could have applied a far more generous approach to the franchise here—the approach being taken in Scotland to next year’s local elections. It is in line with the basic principle that was articulated: if someone lives in an area, is affected by the decisions made by the local authority, and is legally resident, by and large they will have a vote.
Some of that is reflected in the new clauses that we have tabled on UK parliamentary elections, but the Scottish National party has not tabled amendments to the provisions we are considering, because we recognise that they affect local elections in England and Northern Ireland. We respect the devolution settlement. Just as we would not expect the UK Parliament to legislate on matters that are devolved to the Scottish Parliament, though it increasingly does, we do not seek to amend this part of the Bill, because it affects local elections. We are, however, disappointed that the more generous and wider application of the principle of franchise has not been applied. It will be a loss to democracy in this part of the world, and to residents who will be affected by decisions over which they will have no say.
“Section 203A (meaning of ‘qualifying EU citizen’) | |
Section 203B (meaning of ‘EU citizen with retained rights’)”. |
“Schedule 6A (list of countries for purposes of section 203A)”.’—(Kemi Badenoch.) |
The Chair
The decision on Government amendment 7 will be taken when we consider clause 60.
Ordered, That further consideration be now adjourned. —(Rebecca Harris.)
Elections Bill (Tenth sitting)
Thursday 21st October 2021
(3 years, 2 months ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 8 / Noes: 4 - Question accordingly agreed to.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
Patrick Grady (Glasgow North) (SNP)
I beg to move amendment 61, in clause 12, page 20, line 42, at end insert—
“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament has, before the end of the 40-day period, passed a motion of the form ‘That the Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions’.”
This amendment would require the Scottish Parliament to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions before the strategy could have effect.
The Chair
With this it will be convenient to discuss amendment 75, in clause 12, page 20, line 42, at end insert—
“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament and Senedd Cymru have each, before the end of the 40-day period, passed a motion in the form ‘That this Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions.’”
This amendment would require the Scottish Parliament and Senedd Cymru each to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions before the strategy could have effect.
Patrick Grady
It is a pleasure to serve under your chairmanship once again, Sir Edward.
Anyone who has dealt with similar clauses in other Bills, through which the UK Government have sought to legislate in ways that would affect Scotland or devolved matters, will not be surprised to learn that here, the SNP is seeking is introduce the principle of consent rather than just consultation. The Electoral Commission has oversight across the United Kingdom, including of areas that are regulated by the devolved Administrations, and our position is always that laws and regulations affecting Scotland should be made in Scotland, or at the very least approved or consented to by the Scottish legislature.
Amendment 61 and Labour’s amendment 75, which we would be happy to support in lieu of amendment 61, provide for the Scottish Parliament’s scrutiny of, and agreement to, sections of the Electoral Commission’s statement, but only in so far as they relate to devolved functions; we are not asking for a UK-wide veto. We will get on to the merits or otherwise of the statement, and its existential point, later.
We will take an active interest in the parts of the statement that affect Scotland. Amendment 61 may end up being a little-used power, because in the Government’s draft statement, which is very high level, I can see only one mention of Scotland and devolved matters: paragraph 18 on the principles, on page 8, refers to the Crown Office and the Crown Prosecution Service. I doubt anyone particularly objects to that.
I suspect that we will hear from the Minister that the amendment is unnecessary and bureaucratic. [Interruption.] I have pre-empted her; we could have just the one contribution in this debate. We could write each other’s speeches. The amendment, however, goes to the point and function of the devolution settlement. Unfortunately, we see the Government riding roughshod over it, not just in the Bill, but across the piece. We saw that in the United Kingdom Internal Market Act 2020. We see the Government routinely ignore the legislative consent motion process and legislating without the consent of the devolved Administrations, when previously a lack of consent would have been respected. Unfortunately, I suspect that this legislation will end up being another example of that.
The amendment also speaks to a point that I have made several times on Second Reading and in Committee about divergence north and south of the border. That is not a huge problem for those of us on the SNP benches, but it is something that people who want to make the case for a strong and stable Union really need to think about.
Debate on the point of the statement will follow when we come to the clause stand part debate; we have significant concerns about the existence of a statement guiding the Electoral Commission, certainly in the way that is proposed, but if we are to have that statement, the devolved Administrations’ consent should be required to the parts of it that apply to them.
I accept that a Government Bill requires consultation, but as we often see, consultation does not necessarily mean that consensus or any kind of agreement can be achieved. Our amendment 61—and the Labour amendment, which requires consent from Senedd Cymru as well, and which we would be happy to support—would strengthen the requirements of the Bill and respect the devolution settlement. I would be happy to withdraw amendment 61 in favour of amendment 75, but we want to hear from the Minister first.
Cat Smith (Lancaster and Fleetwood) (Lab)
Sir Edward, given that we are taking amendments 61 and 75 together, I would like to speak to the amendment that appears in my name and those of my hon. Friends.
I thought the hon. Member for Glasgow North made the case strongly, and I agree with him, although we come at it from slightly different positions. While he would like to see Scotland separate from the United Kingdom, I would very much like to see the United Kingdom strengthened and I support the Union.
On those grounds, there is a strong Unionist case for amendment 75, which is about respect for the devolved nations. When the Conservative Government continue to treat the Senedd Cymru and the Scottish Parliament with such disrespect, particularly regarding the strategy and policy document, it threatens the Union. From one Unionist to another, I implore my colleagues on the Government side of the House to look again at how deeply disrespectful the Government’s approach to the Scottish Parliament and the Welsh Senedd is.
While I disagree with the hon. Gentleman on the reasons that we have come to this view, his amendment is very good, although I think ours is slightly better on the grounds that it also includes the Senedd Cymru.
The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
As Opposition Members will probably have guessed, we believe that the amendments are unnecessary, for two reasons. First, the provisions for the introduction of the strategy and policy statement, as the hon. Member for Glasgow North said in his speech, already provide a mechanism that will take into account the views of Welsh and Scottish Ministers where the statement relates to the Electoral Commission’s devolved functions.
Under proposed new section 4C(2) of the Political Parties, Elections and Referendums Act 2000, Welsh and Scottish Ministers are specifically listed as statutory consultees, which means that they will be consulted before the statement is subject to the approval of the UK Parliament. It would be both impractical and unnecessarily burdensome for the UK Government to be required to put the statement to the approval of the devolved Parliaments as well. It will be for the Scottish and Welsh Governments to determine their own processes for coming to a view on whether to suggest any changes to the statement.
Secondly, and very importantly, the Committee is no doubt aware that the Welsh and Scottish Governments have already recommended that the devolved Parliaments do not grant legislative consent to this measure. This Government’s view is that a statement applying to both the reserved and devolved functions of the Commission would ensure greater consistency across the UK for the Commission and all those involved in elections. It is regrettable that that was the decision they reached. However, I am keen to continue to engage with my Scottish and Welsh counterparts to mitigate any unintended consequences, and as such I am considering what amendments we may need to make to these provisions in relation to devolved matters.
Based on those considerations, an amendment of this kind would become redundant. For those reasons, I urge the Committee to oppose the amendments.
Patrick Grady
To respond briefly to the Minister, I still think the point about consent is important. I welcome whatever reassurances she is giving, and we look forward to seeing what they turn out to be. However, the Government are proposing further amendments, which they should not have to do at this stage of the Bill’s passage. This could have been dealt with at a previous stage; they could have consulted the Scottish Government and Welsh Ministers in advance of bringing this measure forward in the first place. Purely on the basis that SNP amendment 61 covers only the Scottish Parliament, and I think we should test this for both the Scottish Parliament and the Senedd Cymru, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Chair
Does the hon. Member for Lancaster and Fleetwood wish to propose amendment 75 formally?
Cat Smith
I do wish to push the amendment to a vote. I am disappointed by the Minister’s response. I hope she might consider further. She referred to the fact that the legislative consent motions from both the Scottish Parliament and the Welsh Senedd are not likely to be given. Does she not recognise that this is a deeply worrying trend, which strengthens the arguments of separatists who want to break up our United Kingdom? The amendment tabled in my name and that of my hon. Friends seeks to strengthen the Union. I am deeply disappointed by her Government’s attitude to the Union—for a Conservative and Unionist party, they are doing a fairly shoddy job at the moment.
Amendment proposed: 75, in clause 12, page 20, line 42, at end insert—
“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament and Senedd Cymru have each, before the end of the 40-day period, passed a motion in the form ‘That this Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions.’”—(Cat Smith.)
This amendment would require the Scottish Parliament and Senedd Cymru each to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved functions before the strategy could have effect.
Question put, That the amendment be made.
Kemi Badenoch
I beg to move amendment 1, in clause 12, page 23, line 13, leave out—
“and (3) (consultation requirements) do”
and insert
“(consultation requirements) does”.
This amendment makes it clear that only the consultation requirements under new section 4C(2) of the Political Parties, Elections and Referendums Act 2000 may be disapplied under new section 4E(4) (and not the requirement to lay a draft strategy and policy statement before Parliament).
Kemi Badenoch
I now turn to clause 12, and the measures in the Bill that concern the Electoral Commission. Members of the Committee will agree that it is vital that we have an independent regulator that commands trust across the political spectrum. The public rightly expect efficient and independent regulation of the electoral system. The purpose of the clause is to make provision for the introduction of a strategy and policy statement that sets out guidance that the Electoral Commission must have regard to in the discharge of its functions. The commission will be required to report to the Speaker’s Committee on the Electoral Commission on what consideration it has given to the statement in the exercise of its functions within 12 months of a statement being designated, and every 12 months thereafter.
The clause sets out clearly the type of guidance the statement may contain, which includes Government strategic priorities relating to elections, referendums and other matters in respect of which the commission has functions. As the statement will contain Government guidance, and the Government’s views of the commission’s priorities, it will therefore be drafted and designated by the Secretary of State. However, the statement will be subject to a statutory consultation with the Speaker’s Committee on the Electoral Commission, the Public Administration and Constitutional Affairs Committee and the Electoral Commission itself before being subject to parliamentary approval. That will ensure that the Government must consider Parliament’s views and will allow Parliament to have the final say over whether the statement is designated.
Patrick Grady
Does that mean that Parliament will have the opportunity to amend the statement? Will Opposition Members, or Government Back Benchers, be able to table textual amendments to the Government’s statement, or will it be for the Government to amend a draft statement in the light of consultation responses?
Kemi Badenoch
I do not believe that is the case. We would have to bring in a different statement if Parliament did not allow it, and during a parliamentary debate views could be considered.
The Secretary of State will be required to consult Scottish and Welsh Ministers with regard to any guidance relating to the commission’s devolved Scottish and Welsh functions. To ensure that the statement remains relevant, the clause requires that at least once every five years since the previous statutory consultation, the Secretary of State must review and determine whether to revise or withdraw the existing statement. The Secretary of State must then consult the statutory consultees previously listed before laying a revised or unamended draft statement before Parliament for approval.
It is important for the Government to be able to make swift changes to the statement when needed. That is why the clause provides that, within the five-year period, the Government may on their own initiative or at the request of the commission, review the content of the statement from time to time. When doing so, the Secretary of State must inform the statutory consultees of any proposed changes and consult the Speaker’s Committee on whether those changes require a statutory consultation. Should the Secretary of State disagree with the Speaker’s Committee’s opinion, they may proceed with laying the draft statement before Parliament for approval only after issuing a ministerial statement outlining the reasons for disagreeing with the Committee’s opinion.
On Government amendment 1, it was always our intention that any revisions to the strategy and policy statement, apart from typographical or clerical errors, should be submitted for parliamentary approval, both within the five-year period and at the five-year review point. However, since introduction, we have identified that the wording of proposed new section 4E(4) to PPERA could unintentionally enable the Secretary of State to determine that, following a revision to the statement within the five-year period, the obligation to lay the draft statement before Parliament does not apply. That could have the unintended consequence of allowing the Secretary of State to bypass the requirement to submit the statement for parliamentary approval. That was never our intention, and the Government are clear that the strategy and policy statement must be subject to appropriate levels of parliamentary scrutiny. For that reason, we have tabled Government amendment 1, which clarifies that new section 4E(4) does not disapply the requirement on the Secretary of State to submit the revised statement for parliamentary approval.
Cat Smith
Part 3 of the Bill, and clause 12 in particular, represent a deeply worrying step for our democracy, and I do not say that lightly. It is not fair on any Government. It might be the Minister’s party in government today, but we legislate for future Governments that could be of other parties, including parties not represented in this room. It is not for any Government to dictate the priorities of an independent watchdog, and yet these proposals allow the Government of the day to set the agenda for the Electoral Commission.
Kemi Badenoch
Strategy and policy statements are not unique to this regulator. We have had them for other independent regulators. We had one for Ofgem, and it is also mentioned in the energy White Paper, so why is it fine for other regulators, but not this one?
Cat Smith
I am very clear about this. I will come to it later in my remarks in more detail, but, roughly speaking, regulation of the Electoral Commission regulates elections in which Governments are elected. There is a difference between the regulation of democracy in elections and the regulation of water companies, for example. There are distinct reasons why it is important that an Electoral Commission in particular has independence from the Government of the day. Indeed, that can be seen in examples from similar democracies. New Zealand, Australia and Canada are three democracies that we look to and that, for historical reasons, have structures similar to our own. It very much looks as though the Government are trying to rig democracy in their favour by directing the strategy and policy of the Electoral Commission, and that is very different from other regulators.
The existence of an independent regulator is fundamental to maintaining confidence in our electoral systems and, therefore, confidence in our democracy. That is particularly important when the laws that govern elections are made by a small subset of the parties that stand in elections. Many parties that stand in elections in our country do not have Members of Parliament elected, and much of the legislating on this will be done in secondary legislation. We have only three political parties represented in this room. We have more than that elected to this House, and there are many more parties that the Electoral Commission regulates that do not have any Members of Parliament on the green Benches. I stress that having a very small subset of participants in a process making decisions on the regulation of an independent regulator is deeply troubling.
The commission’s independence needs to be clear for voters and campaigners to see. The commission needs to be seen to be fair and impartial. If we see this measure alongside previous calls by some Government Members on the green Benches—although I do not think by anyone in this room today—to abolish the Electoral Commission in its entirety, it does strike me as a worrying trend. I have been looking at similar democracies—the three obvious ones are Canada, New Zealand and Australia—where there is a complete separation between the Governments and their electoral commissions. A country where the Electoral Commission is told what to do by the Executive is not a country with free or fair elections. The regulator of our elections needs to be independent and impartial and must not be subject to political control.
I have tried to think of other examples. I am a football fan and this is like being able to decide who the referee is and whether they grant a penalty. We would all like to see our clubs do well, but it would be deeply unfair to the teams that we play, so we would not go along with it. We would not allow a gang of criminals to decide whether the police could investigate a crime, and nor should the governing party decide the political strategy of the supposedly independent—this raises that question—Electoral Commission.
Far from increasing the powers of independent electoral regulators, and giving them the powers they need to defend and protect our democracy, it looks like the Government are intent on stripping the Electoral Commission of its ability to do its job in this field. These proposals threaten to end the commission’s independence and put control of how elections are run in the hands of those who have won them, which seems intrinsically unfair. These are the actions of a Government that fear scrutiny, as we have seen in other recent legislation.
I draw hon. Members’ attention to the evidence sessions held by the Public Administration and Constitutional Affairs Committee, where we heard from Helen Mountfield QC. She said that the Bill arguably breaches international law and that
“the removal of the independence of the Electoral Commission is potentially legally problematic”
and breaches the UK’s constitutional standards. I feel that clause 12 should be removed in its entirety.
I finish by responding in more detail to the Minister’s previous intervention. The ministerial powers to specify statements for Ofcom, Ofgem and Ofwat do not include giving guidance about specific matters or functions for which those regulators are responsible. That is a completely out-of-the-ordinary and inappropriate abuse of power. The example strategy and policy statement that was published last month illustrates the scope of this power and how it could be applied in reality.
The breadth of the example statement strayed, I would argue, from the scrutiny of the commission and into decision making and directing how decisions are made. Some of the content would have an impact on the commission’s independence, for example by specifying considerations to which it must have regard when carrying out its enforcement work. I do not believe that this clause should stand part of the Bill and we would like to vote against it.
Patrick Grady
The Minister said in her opening remarks that it is important that we have independent regulation, so that the public can have confidence in our elections. The implication of that is that we do not currently have independent or impartial regulation of elections. It implied that somehow the Electoral Commission, as currently constituted, is fundamentally flawed and failing in its duty. That is a substantial claim and none of the evidence we heard, or any of the debates about this Bill, suggests that that is the case. That is perhaps why the Government are coming at this with a slightly different motivation, as alluded to by my colleague on the Labour Front Bench.
The Electoral Commission itself has said in briefings about this Bill that, as currently drafted, the provisions of part 3 are not consistent with the Electoral Commission operating as an independent regulator. It has said that the scope of ministerial powers to specify statements for Ofcom, Ofgem and Ofwat, which was the example given by the Minister, does not include giving guidance about specific matters or functions for which those regulators are responsible. Therefore, this is in effect a power grab by the UK Government, which is consistent with their approach in a whole range of areas.
The Electoral Commission is already accountable to the House through the Speaker’s committee. We have regular questions in the Chamber, precisely to provide some of that accountability. The members of that committee, on behalf of the whole House, scrutinise the operation of the commission. There are also procedures at Holyrood and in the Senedd Cymru to ensure that the Electoral Commission self-accounts for its operations in those parts of the United Kingdom.
The Minister herself said, in response to my intervention, that there will be no ability for this House to amend the statement. It would be for the Government, if they were defeated, to withdraw the statement and bring something back in its entirety. The Government are taking and retaining control of the entire process: taking away accountability from this House and handing power to the Secretary of State.
In the future, if Back Benchers have questions about the operation and actions of the Electoral Commission and what it has done, to whom will they ask the questions? Will the questions be on the Floor of the House at commissioners questions or will they be for whichever Department happens to have responsibility for the operation of the Electoral Commission at any given time? That is not particularly clear. I appreciate the Minister is here from the levelling-up Department, but a completely different Department was leading on this Bill when it was introduced.
At some point when we are discussing regulations in any Committee like this, someone will ask, “Quis custodiet ipsos custodes?”—I hope my Latin gets some brownie points from you, Sir Edward. “Who is watching the watchers?” is the philosophical question at the heart of the clause and what the Government are trying to do to the Electoral Commission. We as politicians—as elected parliamentarians, which was an important point from the hon. Member for Lancaster and Fleetwood—have an active and vested interest in the regulation of elections; even more so a Government who have been elected and want to stay elected. However, the clause allows the Government to mark their own homework—an often-favoured phrase of Ministers—and direct the body that oversees what is supposed to be an impartial process.
Aaron Bell (Newcastle-under-Lyme) (Con)
I compliment the hon. Member on his Latin. In the Pickles report, Lord Pickles says:
“The current system of oversight of the Electoral Commission—by the Speaker’s Committee on the Electoral Commission—does not provide an effective third-party check on its performance…The Electoral Commission continues act to as a commentator and lobbyist on both policy and law. Yet government should not be lobbying government.”
Should we not ask the same question of the Electoral Commission that he asks of this Committee?
Patrick Grady
In that case, I hope the hon. Member will support the amendment to provide for lay membership of the Speaker’s committee to enhance that level of scrutiny and indeed to ensure that there is not a Government majority on that committee. No one is saying we should not expand scrutiny of the Electoral Commission’s operations; we are saying that the clause will reduce scrutiny and put more control in the Government’s hands. It is not good enough to say that statements can be consulted on and indeed might change between Governments as Governments change. In fact, that is more dangerous and would lead to inconsistency, which would really start to diminish the commission’s impartiality.
No one can say, “Well, this is a bland and harmless overall statement of principles that people have already agreed to,” when it provides directives and powers to give directives that are not found elsewhere either in UK regulators or in comparable commissions in the Commonwealth such as those of Canada, Australia and New Zealand. Conservative Members in particular are generally so proud that people in those countries look to the mother of Parliaments for their inspiration and to this glorious United Kingdom as an example of democracy that others should aspire to. Those countries have done that—well, they may have done that—and they have independent regulators that are accountable to their Parliaments and legislatures, not to their Executives. The SNP opposes this power grab and will oppose the clause.
Kemi Badenoch
It is pretty obvious that Opposition Members are making a mountain out of a molehill. It is well established for a Government to provide policy guidance to independent regulators via policy statements such as with Ofgem and Ofwat, as I said in my intervention on the hon. Member for Lancaster and Fleetwood. It is also entirely appropriate for a Government to provide a steer on electoral policy and ensure that their reforms on electoral law are properly implemented. That does not fetter operational enforcement decisions on individual cases or change the Electoral Commission’s statutory duties.
The fact is, the Electoral Commission is created in law and the strategy and policy statement does not supersede the legislation. That is not the intention, and the measures in the Bill do not do that. If there were a conflict, the commission would have to defer to the law and not to a statement.
On who can amend a statement, there are multiple ways for Parliament to indicate its intention if it does not like the content of a statement. That does not need to be specifically through an amendment—there are other ways in which procedurally we as parliamentarians can let our views be known.
At present, the Electoral Commission is not properly accountable to anyone. As a result, its failings such as on electoral fraud in Tower Hamlets have never been addressed. The Speaker’s committee has not provided enough robust scrutiny on such issues.
Cat Smith
I thank the Minister for giving way on that point, because I am the only member of the Committee who is also a member of the Speaker’s Committee on the Electoral Commission. I agree that that committee is not as effective as it should be. Is she minded to support amendments to strengthen the Speaker’s Committee on the Electoral Commission, perhaps by ensuring that no one party has overall control? That would strengthen the committee and scrutiny of the Electoral Commission, which we all want.
Kemi Badenoch
I will answer more fully on those amendments when we come to that part of the debate.
The Pickles review on electoral fraud recommended such reforms to improve accountability, and that the Government put in place a stronger emphasis on and remit for preventing electoral fraud.
There is something more concerning in the statements that I have heard from Members on the other side of the Committee, however. The Electoral Commission does not regulate politicians; it regulates the electoral process. Parliament is sovereign; we are the ones who make the rules. If anything, Opposition Members’ statements almost sound as though they think the Electoral Commission is there to assist the Opposition in holding the Government to account, which is just another type of bias.
Kemi Badenoch
That is what it sounds like. If, as they believe, and as we believe, the Electoral Commission is truly independent, a strategy and policy statement that all of Parliament votes on should be sufficient. On that point, I stress that Her Majesty’s Government and Ministers are separate from political parties, which the Electoral Commission regulates. Ministers act in line with the public interest and the provisions of the “Ministerial Code”. The points that those Members are making are well outside the scope of what the Electoral Commission should be doing. This is not a worry about accountability, and a good strategy and policy statement will not affect the commission’s ability to do its work.
Amendment 1 agreed to.
Question put, That the clause, as amended, stand part of the Bill.
Kemi Badenoch
The Speaker’s Committee on the Electoral Commission is a statutory committee whose existing remit is narrowly restricted to overseeing the commission’s finances and the appointment of Electoral Commissions. The purpose of the clause is to expand that remit.
That expansion will contribute to improving the parliamentary accountability of the Electoral Commission by giving the UK Parliament the tools that it needs to effectively hold the commission accountable. The clause will expand the role of the Speaker’s committee and empower it to examine the commission’s performance in its duty to give regard to the strategy and policy statement. That will enable the committee to perform a scrutiny function similar to that of parliamentary Select Committees in that it will be able to retrospectively examine the commission’s activities in the light of the regulator’s duty to give regard to the strategy and policy statement.
That new power will sit alongside the committee’s existing statutory duties, which we are not amending. To be clear, under the clause, the committee will not be able to proactively direct the commission’s decision making either. The commission will remain fully operationally independent and will continue to be governed by the electoral commissioners. To support that expanded scrutiny function, the clause also gives the committee powers to request relevant information from the commission in such forms as the committee may reasonably require—oral or written evidence, for instance.
To protect the integrity of the commission’s enforcement function, the provisions will ensure that it is not required to disclose information that might adversely affect any current investigation or contravene data protection legislation. The clause also makes provisions for the protection of witnesses against defamation claims, and for any evidence given by a witness not to be used in civil, disciplinary or criminal proceedings against the witness, unless the evidence was given in bad faith. That is necessary to afford a degree of protection to witnesses.
For the reasons I have set out, the clause will improve the accountability of the commission to the UK Parliament while respecting the regulator’s independence and enforcement proceedings. I therefore urge that the clause stand part of the Bill.
Cat Smith
The Opposition broadly support the principle of expanding scrutiny of the Speaker’s Committee on the Electoral Commission. However, we have some issues with the membership, which we will come to when we debate a subsequent clause, so I will hold back some of my remarks until then.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 14
Membership of the Speaker’s Committee
Cat Smith
I beg to move amendment 66, in clause 14, page 25, line 12, at the beginning insert—
“(A1) In section 2 of PPERA (Speaker’s Committee), after subsection (2)(d) insert—
‘(e) two lay members appointed to membership of the Committee by the Speaker of the House of Commons.’”
The Chair
With this it will be convenient to discuss amendment 65, in clause 14, page 25, line 20, at end insert—
“(1A) In section 2 of PPERA (Speaker’s Committee), at the end of subsection (4) insert—
‘and the Speaker shall ensure that the governing party does not have a majority on the Committee.’”
Cat Smith
Amendment 65 prevents a situation in which the Speaker’s Committee on the Electoral Commission can have a majority from the governing party in the House of Commons. The committee currently has a Government majority, and the Bill seeks to strengthen and increase that majority. If we saw that happening in any other democracy around the world, I do not think that we would be sitting back and not saying anything.
As the primary mechanism through which the Electoral Commission is accountable to Parliament, we are concerned that, for the first time, the Speaker’s Committee on the Electoral Commission in the current Parliament has been composed of a majority of MPs from the governing party. This would have been a good opportunity for the Government to be able to correct what I think was an inadvertent error of circumstances.
Although it is normal for Committees to have a governing party majority, it is especially important in the case of the Electoral Commission that oversight is balanced, given that it is responsible for electoral law, including making decisions that may be perceived to have been against a political party that may have membership on the committee. The Bill involves many attempts by the Government to dodge scrutiny, which seems to be a theme running not only through this legislation but through others, so I encourage Members to prevent a situation whereby the Executive has a majority on a committee that aims to scrutinise our democracy.
Amendment 66 proposes to include laypersons on the Speaker’s committee. The voice of voters and major stakeholders in the Electoral Commission’s work is absent from oversight of the regulator. Including laypersons on the committee would enhance non-partisan scrutiny and bring a very different perspective. There are precedents for including lay members on committees overseeing issues that should be outside partisan interests. Lay members sit on both the Speaker’s Committee for the Independent Parliamentary Standards Authority and the Committee on Standards. Amendments 66 and 65 are complementary to ensuring that there is no Government majority on the Speaker’s Committee on the Electoral Commission.
Kemi Badenoch
The Speaker’s Committee on the Electoral Commission is a statutory committee, the membership of which is set out in the Political Parties, Elections and Referendums Act 2000 and includes five Back Benchers, who are appointed by the Speaker of the House of Commons, and four ex officio members. It is a cross-party committee and chaired impartially by the Speaker. As such, it is expected to work on consensus across party lines, as is the case for all parliamentary committees, regardless of their political majority. There has never been any suggestion that the presence of a Government majority has fettered the Speaker’s committee’s ability to work constructively with the Opposition in holding the Electoral Commission to account.
The Speaker’s Committee on the Electoral Commission’s composition currently reflects the wider majority in the House of Commons, as is usually the case for parliamentary committees. Contrary to some of the claims made by the Opposition during the debates about the Bill, it does not have an in-built Government majority. The Speaker already has the necessary statutory powers to appoint five Back Benchers of his choosing.
Therefore, the Opposition’s amendment 65, which seeks to ensure that the Government do not have a majority on the Speaker’s committee, is wholly unnecessary as it seeks to resolve a non-existent problem. Also, as I said earlier in the debate on clause 12, it hints at there being a political motive, rather than a desire to strengthen the Speaker’s committee.
Our view is that amendment 66 should also be opposed, as it is inappropriate. As the Committee will know all too well, it is extremely rare for lay members to be appointed to parliamentary Committees. On the rare occasions that it has happened, extensive consideration was given by previous Parliaments to ensure there were strict criteria determining the appointment process, length of mandate and political background of those lay members. This is necessary to ensure that the addition of lay members to parliamentary Committees does not undermine the role of parliamentarians in their scrutiny function.
None of this important reflection work appears to have been done by the Opposition in tabling this amendment, which simply seeks to pander to false claims that the Speaker’s Committee on the Electoral Commission has an in-built Government majority. The perspective of voters and members of the public is rightly represented on that Committee by its members, as parliamentarians. It would be both highly unusual and unnecessary in this case to appoint lay members to the Speaker’s Committee on the Electoral Commission. Parliamentarians should be trusted to duly scrutinise the work of the Electoral Commission while having regard for preserving public confidence in the integrity of our elections.
For these reasons, I urge the Committee to oppose both amendments.
Patrick Grady
If the Minister is saying that the amendment to provide that the Government do not have a majority is fixing a “non-existent problem”, the logic of that is the amendment should not cause a problem either. Also, the Government might want to consider—this may be hard to believe at the moment—that they may not be in power forever. At some point in the future, another party or parties may form a majority in this House and may wish to legislate, regulate and all the rest that flows with the taking of power. At that point, I have a feeling that a Conservative Opposition’s view on all these matters might suddenly change. So the Government might want to think about some of that, in relation not just to this amendment, but other things in the future.
The point about lay membership was very well made by the Labour Front-Bench spokesperson. It is not uncommon to find lay members on certain consultative and advisory Committees associated with this House, and indeed in other parts of public life. Given that some of the Minister’s own Back Benchers were asking earlier for increased impartiality in the Speaker’s committee, I would have thought that the presence of lay members, who can bring in outside expertise without worrying about the transition that might happen at an election or whatever, would be quite helpful.
I will be very happy to support any amendments that the Labour party chooses to push to a vote.
Aaron Bell
It is a pleasure to serve under your chairmanship, Sir Edward, and to follow the hon. Member for Glasgow North; it is good to hear that the SNP also appreciates that Governments are not forever and the electorate may eventually turn on the Government at any given time, based on their record over a long period. It is good to know that he knows that he, too, is mortal.
The clause will provide more efficiency in Government by allowing somebody to stand in for a Minister on the Speaker’s committee. That makes perfect sense. Having spoken to the previous Minister in charge of this Bill, I am aware that there has been a problem in the past. Therefore, it is a perfectly sensible clause and it is disappointing, as the Minister said, that the Opposition have chosen to insert what looks like something born of political motivation into its amendment.
I have the utmost faith in Mr Speaker’s ability to determine the membership of the Speaker’s committee as he sees fit and I have the utmost faith in that Committee’s capability to consider any questions that come before it in a cross-party, consensual way, as the Minister said. Therefore, in common with the Minister, I urge everybody on this Committee to reject these amendments.
Cat Smith
I have to say, as a Member of the Speaker’s Committee on the Electoral Commission, that I do not think there is any risk of the Government losing a vote on that Committee, given the imbalance of the numbers.
The Minister is right that it is rare to have lay members on parliamentary Committees, but it is not unheard of, and I think that it is a jolly good idea and would like to push it to a vote.
Jerome Mayhew (Broadland) (Con)
We are all talking about the Speaker’s committee and we have heard from the Minister that the Speaker himself has the power to appoint up to five members from the Back Benches, which demonstrates that there is no Government majority built in to that Committee, save in one situation, where it would require the connivance of the Speaker to create a majority for whichever Government were in power at the time. From my perspective, that is vanishingly unlikely. I have great respect for the position of Speaker, and I am prepared to rely on his good judgment to ensure that the proper balance is maintained in this Committee.
Question put, That the amendment be made.
Kemi Badenoch
Clause 14 will facilitate Government participation in proceedings of the Speaker’s Committee on the Electoral Commission. That is necessary because, given wider commitments, it has not always been possible for the Minister for the Cabinet Office to attend the Speaker’s committee meetings, despite the fact that they are an ex officio member of the Committee under the Political Parties, Elections and Referendums Act 2000. Only members named in the legislation are entitled to participate in proceedings of the Speaker’s committee. However, in practice, another Minister of the Crown with responsibility for the constitution will generally exercise functions relating to elections and the constitution on behalf of the Minister for the Cabinet Office. This clause will therefore allow concurrent membership for the Minister for the Cabinet Office and a Minister of the Crown with responsibilities in relation to the constitution who is appointed by the Prime Minister.
This clause will also revoke the Transfer of Functions (Speaker’s Committee) Order 2021, which served a similar purpose and allowed a Minister of the Crown in the Cabinet Office with responsibility for the constitution to deputise for the Minister for the Cabinet Office whenever necessary at meetings of the Speaker’s Committee on the Electoral Commission.
I want to state clearly on the record that, in contrast to what some Opposition members have claimed, this clause will not increase the total number of Government members or votes on the Committee. Nor will it allow the Minister for the Cabinet Office and the Minister of the Crown to be appointed by the Prime Minister to attend Committee meetings at the same time, or to have two votes. Rather, the clause will merely allow a Minister of the Crown to deputise for the Minister for the Cabinet Office as and when he is unable to attend Committee meetings. There will continue to be only two ex officio Government members, with two votes, in total on the Speaker’s Committee on the Electoral Commission. Together, the Minister for the Cabinet Office and the Minister of the Crown deputising for him amount to only one member and one vote, because they cannot both attend Committee meetings.
Following the recent machinery of government change, a transfer of function order will be laid separately to replace any mention in this provision of the Minister for the Cabinet Office with a reference to the Secretary of State for Levelling Up, Housing and Communities. As Minister of State at the Department for Levelling Up, Housing and Communities with responsibility for local government, it is expected that I will be appointed by the Prime Minister to be the other ex officio Government member of the Speaker’s Committee on the Electoral Commission. This clause is necessary to duly facilitate Government participation in proceedings of the Speaker’s Committee on the Electoral Commission, and I urge that the clause stand part of the Bill.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Criminal proceedings
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The purpose of clause 15 is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in Northern Ireland in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The Electoral Commission has publicly stated in its 2020-21 to 2024-25 interim corporate plan that its intention is to develop a prosecutorial capability that would allow it to investigate suspected offences and bring them directly before the courts. For the avoidance of doubt, the commission has never brought a criminal prosecution to date. While the commission considers that the current legislation provides scope for it to develop this function, this has never been explicitly agreed by the Government or Parliament, and could risk wasting public money while duplicating the work of the prosecution authorities that are already experts in this domain.
Clause 15 therefore amends the Political Parties, Elections and Referendums Act 2000 to expressly remove the potential for the commission to bring criminal prosecutions in England, Wales and Northern Ireland. This will not apply in Scotland, where there is already a single prosecutorial authority. This clause will not amend any of the commission’s other existing powers: the commission will continue to have a wide range of investigatory and civil sanctioning powers available to it. It will also remain able to refer criminal matters to the police, as is currently the case.
To reiterate, the purpose of this clause is to maintain the existing role of the Crown Prosecution Service and the Public Prosecution Service in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s powers. The effect of the clause is to amend paragraph 2 of schedule 1 to the Political Parties, Elections and Referendums Act 2000 to provide for expressly removing the potential for the Electoral Commission to bring criminal prosecutions in England, Wales and Northern Ireland. It also maintains the existing prohibition on the commission borrowing money, and relocates it to proposed new paragraph 2(2) of schedule 1. As I mentioned earlier, it is not necessary to include similar provisions for Scotland, as it is already clear that the Lord Advocate, acting through the Procurator Fiscal Service, has sole responsibility for criminal prosecution in Scotland. For those reasons, and to bring much-needed clarity to electoral law, I urge that the clause stand part of the Bill.
Patrick Grady
As the Minister has said, this clause relates to England, Wales and Northern Ireland. It does not really cover Scotland because of the nature of the Crown Prosecution Service, and in olden times, this might have been one of those clauses that was subject to the English votes for English laws procedure. I always like to speak on things that might have been covered by the EVEL procedure.
I want to reflect a little bit on this clause, though, because the Electoral Commission and other stakeholders have expressed concerns about what the Government are trying to do here. The Government giveth a statement, a direction to the Electoral Commission, and then they taketh away, saying that the commission cannot have the powers that it wants in order to be able to do its job right now—to increase its capability to prosecute. Throughout scrutiny of this Bill, we have heard from Government Members about rampant corruption threatening the integrity of the UK system. We have heard that Tower Hamlets was not an isolated case—people were prosecuted in that case, and brought to justice—but that similar cases are happening all over the country; it is just that we do not know about them, and they need to be investigated and prosecuted. Here is an opportunity for prosecution, but the Government are taking it away.
Other regulators have this power, either at an English, a Welsh, or a UK-wide level, including the Financial Conduct Authority, the Health and Safety Executive, the Information Commissioner’s Office and the Food Standards Agency. As such, this goes back to the point I made about some of the earlier clauses in this part of the Bill, about what the Government are trying to do here and the power grab that they are determined to effect. I fully accept that the regulatory and prosecutorial regimes north and south of the border are different, so it is not the SNP’s place to challenge this clause or press it to a vote, but it is important that those points are put on record.
Aaron Bell
It is a pleasure, once again, to follow the hon. Member for Glasgow North. I could not disagree more with his point about a power grab. This is a clause that provides welcome clarity. The Electoral Commission has neither the capacity nor the competence to act as a prosecutor; I believe there are too many conflicts of interest. It would end up marking its own homework, because it would be providing advice and guidance on the law first, and then acting as an arbiter and prosecutor over its own decisions. That is clearly a matter for an independent Crown Prosecution Service and for the police, all overseen by the courts.
We can only think about what happened in the EU referendum, in which the Electoral Commission was criticised for the legal advice it gave, for failing to ask for evidence from the accused, for the handling of documents, for its enforcement decisions and, ultimately, its flawed bids for criminal prosecutions against leave groups, which were then thrown out by the police and the courts. It was incredibly embarrassing for the Electoral Commission because Vote Leave had followed the advice that the Electoral Commission had given it on making donations to other campaigns, such as BeLeave. That perfectly illustrates the potential conflicts of interest in this area.
This is not just about the referendum. If we go back some time to 2005, when Labour were last in government, there was a controversy about loans to political parties before the 2005 general election. Again, that was fuelled by questionable advice from the Electoral Commission. If it was then marking its own homework on those loans, after the election, the Labour party would have felt in the same position that the leave campaigners did. It is welcome that the Electoral Commission has never brought prosecutions until now, but given the demand and clamour for that in recent years, I really welcome the fact that this clause makes it clear that that cannot happen in future.
Tom Randall (Gedling) (Con)
I am grateful to the Minister for giving way. We have mentioned Tower Hamlets again. Perhaps another footnote in this is that the Electoral Commission registered a political party, Tower Hamlets First, without checking whether it had a bank account, which it did not. It is perhaps further evidence that giving further powers to the Electoral Commission may not be the best idea, and that they should be given to other bodies instead.
Aaron Bell
I thank my hon. Friend for his point about Tower Hamlets—a case that he knows well. Indeed, the Pickles report said:
“Despite years of warnings on misconduct in Tower Hamlets, the Electoral Commission gave the Borough’s electoral system a gold-star rating for electoral integrity in its inspection reports”
and went on to say that it was a tick-box inspection of town hall electoral registration departments. There are other reasons why we need to have better scrutiny of the Electoral Commission and why we need the clause that we debated previously, but the point about criminal proceedings is the one that I particularly wanted to speak to. I will leave it there and let colleagues come in.
Jerome Mayhew
It is an absolute pleasure to follow my hon. Friend the Member for Newcastle-under-Lyme. I associate myself with all his comments. However, this is, with respect, actually a wider issue than just dealing with the Electoral Commission and the evidence that we have heard about the referendum and Vote Leave.
At the beginning of this process, the Committee heard first-hand oral evidence on the negative impacts of an organisation that provides guidance, sets the rules, and then seeks to prosecute. It is part of a wider problem that we have experienced in just the last couple of years. We only have to look at the Post Office, which is another private prosecuting authority, and its conduct in the Horizon case—the greatest miscarriage of justice that this country has ever experienced—including a sub-postmistress constituent of mine receiving a suspended prison sentence as a result of that miscarriage of justice.
It simply goes to show the issues with these conflicts of interest between investigating and then being a prosecuting authority—or “marking your own homework”, as my colleague just mentioned.
Alec Shelbrooke (Elmet and Rothwell) (Con)
Does my hon. Friend recall that one of heads of the Electoral Commission was found to be highly political in their online posts?
Jerome Mayhew
I was aware of that. I am grateful for that intervention. It highlights the dangers that we tread when we have the Electoral Commission entering into a more politicised role. Furthermore, it is not just the Post Office; I also have a real concern about the Care Quality Commission, which is another private prosecuting authority. It was, to its own surprise—I suspect—given prosecuting powers under health and social care legislation in 2015. Under that legislation, it can prosecute for negligent care that causes harm in a health environment. However, since then, its record has been very poor in the number of prosecutions taken forward. A terrible scandal took place in my constituency over the last two years at the Cawston Park hospital, which was an assessment and treatment unit where, through neglect and at least one case of direct physical abuse, which was caught on CCTV, three patients died over a 27-month period. While I have to be careful what I say, it is certainly the case that currently no prosecution has followed that terrible series of events.
Kemi Badenoch
As I sum up, I would like to add a further point in response to accusations that the clause represents a power grab. I wholeheartedly agree with the excellent points made by my hon. Friends. However, I thought it was also worth reminding the Committee that the Crown Prosecution Service has criticised the Electoral Commission’s suggestion that it should have prosecution powers. The Crown Prosecution Service noted that
“the CPS deals with criminal offences under the RPA and criminal charges under PPERA, while the Electoral Commission has civil powers to deal with PPERA cases. We assess this is an appropriate division. There are important prosecutorial functions that the CPS has vast experience of, and expertise in, including police PACE processes, adherence to CPIA legislation and to disclosure rules.”
It continued:
“In our view, a criminal-civil divide provides a good level of precision… Any unintentional blurring of the lines would be counter-productive.”
Those are the Crown Prosecution Service’s words, which explain why the clause is important. I would also like to remind the Committee that the Electoral Commission has civil sanctioning powers that apply to referendums and elections. More serious matters can be referred to the police and the CPS, and then considered by a court of law. The courts already have the power to levy unlimited fines, but the Electoral Commission still has civil sanctioning powers, which we believe are sufficient.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
The Chair
I am not on now till Wednesday week, so, if you finish before then, may I say it has been an absolute delight to work with you all? If you are still talking about the Bill on Wednesday week, I shall look forward to this Committee with the greatest anticipation.
Ordered, That further consideration be now adjourned. —(Rebecca Harris.)
Elections Bill (Eleventh sitting)
Tuesday 26th October 2021
(3 years, 1 month ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 8 / Noes: 6 - Question accordingly agreed to.
The Chair
Before we begin, I have a few preliminary reminders for the Committee. I know that you have heard them before, but if you could listen, that would be helpful. Could we have social distancing, and could we have masks being worn when not speaking, please? Also, to be helpful to our wonderful Hansard colleagues, could you email any notes to hansardnotes@parliament.uk? [Interruption.] That is a reminder: please could you turn off all electronic devices? Thank you very much indeed.
We now resume line-by-line consideration of the Bill. Members who wish to press a grouped amendment to a Division should indicate that they wish to do so when speaking to it.
Clause 16
Notional expenditure: use of property etc on behalf of candidates and others
Question proposed, That the clause stand part of the Bill.
The Minister for Levelling Up Communities (Kemi Badenoch)
It is a pleasure to serve under your chairmanship, Mr Pritchard. Clause 16 makes an important clarification to our political finance rules that I hope will be welcomed by all members of this Committee. In 2018, after the Supreme Court determined that the rules on notional expenditure for candidates did not contain a test of authorisation, there were concerns among parties and campaigners that candidates could be liable to report benefits in kind that they did not know about, but could be seen to have benefited from. On Second Reading, we heard about the direct impact that unclear rules about notional expenditure has had on colleagues, and we must prevent the unwelcome consequences that this confusion may have on participation, such as stopping people from volunteering to be agents due to their fear of falling foul of the law through no fault of their own.
That is why we are making it clear that candidates only need to report as notional expenditure benefits in kind—property, goods, services and facilities that are given to the candidate at a discount, or for free—that they have used themselves, or which they or their agent have authorised, directed or encouraged someone else to use on the candidate’s behalf. That is what was already widely understood to be true prior to the court case. We have sought input from the Parliamentary Parties Panel on these measures, and are confident that they will bring important clarity to the rules and support compliance.
In this clause, we are also making an equivalent amendment to the rules for other types of campaigners, such as political parties and third-party campaigners, to ensure consistency. Expenditure that promotes an individual candidature would continue to count towards a candidate’s own spending limit, and expenditure that is joint between a party and a candidate will continue to be apportioned appropriately, a practice which all parties have long engaged in. Together, these changes will bring much-needed reassurances and clarity to candidates and their agents on the rules that apply to notional expenditure. They will support compliance with the rules and ensure that those wishing to participate in public life can feel safe in doing so. I therefore commend the clause to the Committee.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Codes of practice on expenses
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
This clause amends existing provisions in electoral law in respect of the codes of practice that the Electoral Commission may prepare on election expenses for candidates. The clause also amends the parliamentary procedure to bring into force some of those codes of practice, so that parliamentary procedures are consistent.
Clause 17 ensures that the code of practice on candidate spending that the Electoral Commission may prepare can, and should, cover what constitutes notional expenditure and third-party spending under the Representation of the People Act 1983. We are making that change in order to put the scope of the guidance beyond doubt. It is important that the guidance is comprehensive, so that it can address concerns about notional expenditure that have been raised across the political spectrum. At present, the legislation implementing the various codes of practice on candidate spending is difficult to understand, and different codes are subject to different procedures.
Currently, the codes of practice on spending for both candidates and parties and campaigners are laid before both Houses in draft form, and are subject to parliamentary scrutiny for up to 40 days. It is right that Parliament is able to scrutinise those codes before giving them final approval, so this will not change. We are amending the provisions for the candidate code in the 1983 Act simply to specify that the order that brings this code of practice into force is a statutory instrument. This is a minor amendment to an existing power and simply remedies the fact that the legislation does not specify that at present. Like the other codes, the candidate code will still be subject to parliamentary scrutiny for up to 40 days. We are not changing that.
We are also amending the Political Parties, Elections and Referendums Act 2000 so that the order bringing the code of practice for political parties into force is subject to no parliamentary procedure, rather than being subject to the negative resolution procedure. That is in line with other commencement orders and with the procedure followed for other codes of practice prepared by the Electoral Commission. This follows the initial 40 days of parliamentary scrutiny when the code is laid in draft, and that will not change. As I explained, these changes will ensure that the procedure for all the codes of practice are consistent and clearer, while ensuring that Parliament remains able to duly scrutinise them and give them final approval.
None of the codes has been put forward to Parliament to date and, given that the Elections Bill is changing the law on notional expenditure, the draft codes previously developed by the Electoral Commission will need to be updated to reflect the changes in the law. We would expect the Electoral Commission to consult political parties and others in future on any new codes of practice.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Authorised persons not required to pay expenses through election agent
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Section 75 of the Representation of the People Act 1983 prohibits any third party spending above a certain amount on candidates without the written authorisation of the election agent. However, the current rules also provide that any authorised spending incurred by the third party must be paid for by the election agent. That is not logical, which is why we are amending the rules so that any authorised spending under section 75 can be both incurred and paid for by the authorised third party.
The measure does not change the existing rules around submitting spending returns, as any authorised spending should still be reported by both the third party and the candidate. This change will make the process of paying for that authorised spending more straightforward.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Declaration of assets and liabilities to be provided on application for registration
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 19 amends section 28 of the Political Parties, Elections and Referendums Act 2000 to bring forward transparency about political parties’ assets and liabilities to an earlier stage. There is already a requirement for political parties to maintain a record of assets and liabilities in their annual accounting records. However, that information may not be available until up to a year after a party registers and can therefore be after an election that the party has contested.
Parties with assets or liabilities that do not exceed the £500 threshold will be required to make a declaration confirming that fact. Parties with assets or liabilities in excess of £500 will be required to produce a record of those assets and liabilities to accompany their declaration. That will be incorporated into the registration process with the commission and into the register maintained and published by the commission. Parties with assets and liabilities of above £500 will be indicated on the register of parties.
This is a good step forward as it will allow earlier public scrutiny of parties’ finances and ensure public confidence in the transparency of all political parties’ financial positions.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Clause 20
Prohibition on entities being registered political parties and recognised third parties at same time
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 20 prohibits groups and individuals from having access to multiple spending limits at an election. Spending limits exist to ensure a level playing field, and any opportunities to unfairly expand them should be removed. During the 2019 UK parliamentary general election, one group claimed that it could do exactly that by registering as both a political party and a third party campaigner. That showed the potential for the current rules to be abused and spending limits expanded.
If we do not close down the loophole, it may be exploited further in future. This change will prohibit recognised third party campaigners from registering as political parties and gaining access to a spending limit for each registration. That will serve to protect the integrity of the existing spending limits.
To ensure that there can be no doubt, the list of individuals and entities permitted to be on the third party campaigner register will also be amended to remove political parties. As groups may already appear on both registers when the provision comes into force, clause 21 will ensure that any group that spends in a third party capacity during a regulated period will not be able also to spend as a political party. That means that any group appearing on both registers when these provisions are commenced will have to choose whether it wants to spend as a political party or a third party campaigner during any subsequent regulated period.
Finally, clause 20 also makes consequential amendments to the rules on donations, spending and reporting for recognised third party campaigners, where they currently refer to the specific requirements for political parties, which take into account their existing financial controls as a party. Altogether, these changes will ensure that groups cannot use the rules to their advantage to expand their spending limits unfairly.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21 ordered to stand part of the Bill.
Clause 22
Restriction on which third parties may incur controlled expenditure
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 22 restricts all third party campaigner spending during a regulated period to entities eligible to register with the Electoral Commission, as listed in section 88 of the Political Parties, Elections and Referendums Act 2000, and to overseas unincorporated associations with the requisite UK connection.
Currently, foreign third party campaigners can legitimately spend on UK elections underneath the recognised third party campaigner registration thresholds, which are £20,000 during a regulated period in England, and £10,000 in Scotland, Wales and Northern Ireland. This activity becomes illegal only once the thresholds are passed. It is important that only those with a legitimate and fair interest in UK elections are able to influence the electorate.
Clause 22 will remove the scope for any legal spending by foreign third party campaigners underneath the registration threshold but above a £700 de minimis. The inclusion of such a de minimis provision will balance the desire to prohibit spending by foreign entities without criminalising low level, potentially unintentional breaches below £700, which are unlikely to adversely impact an election.
It is worth noting that only individual overseas electors are permitted to register as third party campaigners with the Electoral Commission. In order to support overseas electors, who are important participants in our democracy, to work together, the clause will permit them to form unincorporated associations to campaign if they spend below the new lower tier registration threshold of £10,000, set out in clause 24. That is in line with the current situation, and it is only right that such electors should be able to spend in UK elections as they can now. Under our proposals, unincorporated associations will meet the “requisite UK connection” requirement to incur spending in UK elections only if they are composed solely of registered overseas electors.
To conclude, these provisions make necessary and proportionate changes to ensure that spending at UK elections is only permitted, above a £700 de minimis, for those with a legitimate interest in UK elections. They help reduce the risk of illegitimate foreign influence in UK elections.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Clause 23
Third parties capable of giving notification for purposes of Part 6 of PPERA
Fleur Anderson (Putney) (Lab)
I beg to move amendment 71, in clause 23, page 33, leave out lines 6 to 10.
This amendment would leave out the powers for ministers to remove categories of permitted campaigner while leaving in place their power to add new categories of campaigner.
The Chair
With this it will be convenient to discuss amendment 72, in clause 23, page 33, line 10, at end insert—
“(11) The power to make provision by virtue of paragraph (9)(b) or (c) is exercisable only on, and in accordance with, a recommendation of the Electoral Commission.”
This amendment would require the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner.
Fleur Anderson
It is a pleasure to serve under your chairship, Mr Pritchard.
Part 4 and its provisions are a brazen attack on our democracy. They will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy—that is why they are so controversial. We need to spend additional time considering them, and I hope that all Committee members will take up our amendments, which are reasonable, represent an improvement and come very much from civil society.
The provisions in question will infringe the rights of working people to organise politically or campaign on pay or rights at work, and they risk silencing the very people who got our country through the pandemic. They are an unnecessary and disproportionate reaction. They will not add to the integrity of our elections, but only have a chilling effect on democracy.
In a free and open society, democratically elected Governments are scrutinised by Opposition parties and civil society, often campaigning on single issues. Part of what makes democracy healthy is the freedom for civil society to challenge those in power, which the Government are seeking to curtail with the clause and which we seek to amend with amendments 71 and 72.
The clause will allow a Cabinet Office Minister to define who may legally campaign at elections, giving them the power to amend or remove the types of organisations that are allowed to spend as little as £700 on election campaigning across the whole UK. It also doubles as the list of organisations that are allowed to register with the Electoral Commission and spend more than £10,000 at elections. The Minister may now be able to ban charities that are critical of Government cuts to foreign aid, ban local community groups protesting against planning reforms, ban unions that might work with a political party for workplace rights, and ban anyone convicted of a public order offence. In conjunction with the Police, Crime, Sentencing and Courts Bill, which makes it much easier to criminalise protesters—even a protest involving one person—this would disproportionately impact on the Government’s most vocal and active opposition, who may have already been criminalised for protesting. That is a terrifying prospect and, as far as I can see, quite unprecedented.
The Bill is not about influence. It is a way for the Government to stifle their critics before elections and cripple them during elections. Giving the Government such power over their opposition during elections is completely at odds with free and fair elections. It is deeply inappropriate and offensive to our democratic tradition. Unions and other campaign organisations have a right to engage in our democracy and already face a highly regulated landscape, which is why the clause is unnecessary.
Patrick Grady (Glasgow North) (SNP)
The hon. Lady says this is the Government stifling their opposition. Actually, civil society, trade unions and charitable organisations are all our opposition, because they put equal pressure on all candidates and parties that stand in an election, as they want to achieve policy change. Obviously, some organisations are more closely affiliated with political parties than others are, but many of them are party-neutral in that sense, because they want to drive a policy change rather than see one party be successful in any given constituency or general election.
Fleur Anderson
I absolutely agree with the hon. Gentleman. It is a range of political opinions and opinions about different issues that are not necessarily the main bread and butter of political parties, but which are so vital, especially in an election time, when we are talking about the future of such a wide range of policy decisions that are about to be made on behalf of the electorate. Unless we accept the amendment, we face the risk of some groups, individuals, community organisations and single-issue campaigns being unnecessarily banned from taking part in the electoral process. There will be scandals ahead unless we accept the amendment.
Labour’s amendments 71 and 72 seek to temper the clause. Amendment 71 will delete the unprecedented and dangerous powers to remove categories of permitted campaigners while respecting the Government’s stated intention to future-proof electoral law by allowing the addition of novel categories of campaigner. It is flexible and can still respond to new issues and campaigns as we go forward, but it does not have the draconian and heavy-handed influence of only the Minister choosing who is on the list. Amendment 72 requires the Government to obtain the recommendation of the Electoral Commission before removing or varying categories of permitted campaigner, and I hope all Members will agree that it is a very reasonable amendment.
Both amendments are necessary to prevent a Minister from having the unprecedented ability to interfere in a free and fair election. They also have significant civil society support, including from Bond—British Overseas NGOs for Development—which represents over 400 organisations, ranging from small specialist charities to large, international non-governmental organisations. It has many supporters in all our constituencies, with a worldwide presence, and believes that:
“This is an extremely broad power which could be open to abuse by future governments.”
I would add that it could be open to abuse by the current Government. Bond has urged that it be amended, and so do I.
Kemi Badenoch
Clause 23 builds directly on the requirements put in place by clause 22. As I have mentioned, the aim of clause 22 is to remove the scope for foreign entities to spend above a £700 de minimis amount during the regulated period running up to an election by restricting all third party campaigner spending at that time to spending by entities that are eligible to register with the Electoral Commission, as in section 88 of PPERA.
However, we are conscious that legitimate categories of third party that are not on the list of categories of campaigners may emerge in future, and clause 22 would significantly restrict their ability to campaign if they could not be added to the list quickly. For that reason, clause 23 makes provision for the amendment of the list of eligible categories of third party campaigners in PPERA. It will allow the Government to add to, remove items from, or otherwise amend the list of categories of third party campaigners as necessary. Any such changes will be subject to parliamentary scrutiny via the affirmative procedure. These provisions will ensure that we can be responsive to the emergence of new groups, and that eligible categories of third party are not unduly restricted from campaigning and participating in our democracy in future. I therefore urge the Committee to allow the clause to stand part of the Bill.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24
Recognised third parties: changes to existing limits etc
Fleur Anderson
I beg to move amendment 76, in clause 24, page 33, line 23, at end insert—
“(5C) Registered charities and Community Interest Companies may act as a recognised third party subject to the lower-tier expenditure limits without the requirement to give the Electoral Commission notification under section 88 of PPERA.”
This amendment would exempt registered charities and Community Interest Companies from the notification and registration requirements of Clause 24, which introduces a new lower tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK.
The Chair
With this it will be convenient to discuss the following:
Amendment 77, in clause 24, page 33, line 23, at end insert—
“(5C) Registered charities and Community Interest Companies (CICs) which intend to incur election expenditure within the lower-tier expenditure limits may provide the Electoral Commission with their charity or CIC registration number, and the Commission—
(a) shall treat that information as sufficient for the charity’s or CIC’s notification and registration for electoral purposes under section 88 of PPERA, and
(b) may collect any information the Commission requires about the charity or CIC from the Charities Commission or Companies House respectively.”
This amendment seeks allow charities or Community Interest Companies who wish to campaign at elections within the lower tier of expenditure and which are already subject to transparency requirements to avoid the additional compliance burden arising from Clause 24.
Amendment 90, in clause 24, page 34, line 22, at end insert—
“except where the third party is a charity which is registered with the Charity Commission of England and Wales under section 30(1) of the Charities Act 2011 or is exempt from registration under section 30(2)(a), (b) or (c) of the Charities Act 2011 or is registered as a community interest company under section 36B of the Companies (Audit, Investigations and Community Enterprise) Act 2004;”.
Fleur Anderson
I am pleased to speak to amendments 76 and 77, which would significantly improve the Bill. Amendment 76 would exempt registered charities and community interest companies, or CICs, from the notification and registration requirements of clause 24, which introduces a new, lower-tier registration for third party campaigners who spend more than £10,000 on controlled expenditure anywhere in the UK. Our amendment 77 seeks to allow charities or CICs that wish to campaign at elections within the lower tier of expenditure, and that are already subject to transparency requirements, to avoid the additional compliance burden arising from clause 24.
The Electoral Commission says on part 4:
“Some of the changes in Part 4 of the Bill would increase transparency for voters about who is spending money campaigning at elections and how they are funded.”
So far, so good. It goes on:
“But they would not increase transparency about how much is being spent and on what. The added complexity of these changes could deter some from campaigning at elections, or restrict the type of campaigning they can spend funds on. Voters could therefore receive less information about candidates and parties, and hear from a narrower range of sources.”
The Electoral Commission continues:
“Third party campaigners are individuals and organisations that campaign in the run-up to elections but do not stand as political parties or candidates. These are a vital part of a healthy democracy and play a significant role in providing voters with information. It is important that a broad range of campaigners can take part in public debate ahead of UK elections and referendums so voters hear a diversity of voices.”
The commission states:
“These changes would add new requirements to laws which many campaigners have said are already complex and hard to understand.”
Again, these changes are unnecessary and will have a chilling effect on democracy, and especially on registered charities and CICs. That is why they are the focus of our amendments. The Bill risks tying organisations up in red tape and stifling democratic engagement by civil society organisations, which are concerned about breaking the rules.
I was working in a charity when the gagging, or lobbying, Act—the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 —was introduced. I very often found myself sitting around with my colleagues asking, “Can we now do this? Can we now say that? Can we now work with them? What can we do?”. Our charity did not have enough money to seek a large amount of legal advice. The law was also quite unclear, so to avoid falling foul of it, we would step back and not do many things that would have been perfectly within the law, which had been changed, just in case they were not.
The provisions we are discussing extend those powers. Indeed, I see this as a trilogy, comprising the lobbying Act, the Trade Union Act 2016 and this Bill, which altogether stifle democracy and free speech, and stop really valuable campaigners campaigning about issues that we politicians need to hear about.
I spoke to the National Council for Voluntary Organisations, which is concerned about this issue. It said that it was unconvinced by the argument in favour of the lower threshold in general terms. Has the Minister met the NCVO to discuss its concerns? The Government have framed the issue in terms of increased transparency, but it was not clear to the NCVO, which represents charities across the country, that there would have been a significant impact. It cannot see that there will be more transparency.
The NCVO asked the Minister’s predecessor to look at whether charities could be exempted from the lower threshold. Its argument is that when campaigning is done by a registered charity, people can in any case look it up on the register and see who its trustees are, how it is funded and so on. The transparency point therefore does not apply in the same way, because charities are already transparent and highly regulated. This new tier will inevitably result in smaller organisations being unable to engage in democracy. Charities and community groups that might not have the policy and legal expertise of larger organisations and that, as I have said, will fear running afoul of the rules may decide—in fact, will decide—that it is not worth the trouble to spend a relatively small sum, or they might be put off by appearing on a public register.
Aaron Bell (Newcastle-under-Lyme) (Con)
The hon. Lady is obviously making a powerful speech, but the primary purpose of charities, which we give tax relief to, should surely be supporting good causes, not campaigning in elections.
Fleur Anderson
In many respects, supporting good causes is done by campaigning. For many charities, the causes of the symptoms they are seeking to address will be back in Government policy. The policies that we decide all the time obviously have an immediate impact on people on the ground. Charities work with those people and need to change the policies to change the issue they are addressing.
Brendan O’Hara (Argyll and Bute) (SNP)
Does the hon. Lady agree that charities by their nature have expertise and understanding—for example, of homelessness, third-world debt, climate change, or whatever—that we in this House have to learn from? The idea that they should be restricted simply to raising funds to alleviate an issue, rather than trying to engage and inform the debate, is simply preposterous.
Fleur Anderson
I absolutely agree. For example, during this Bill Committee, we have relied on expert advice from the Royal National Institute of Blind People about the impact of these changes on people who are blind or partially sighted across this country. As the representative organisation of those people, who will be affected by the Bill in how they vote, the RNIB should be giving us expert advice. In the future, having to work out how much money it has spent jointly and severally with other organisations, which tier it falls into and whether it will get on to the list will all have an effect on whether or not we receive that expertise, which helps us to be much better decision makers.
When we consider that the Conservative party spent £16 million in the last general election, we see that lowering the spending threshold for groups to register during an election from £20,000 to £10,000 is clearly aimed at deterring smaller organisations, community groups and single-issue groups, which the hon. Member for Argyll and Bute mentioned, such as groups concerned with refugees, disability rights, women’s rights and LGBTQ issues. Community groups campaigning on a single issue in our constituencies may fear running afoul of changing election rules, which will have that chilling effect.
I ask the Minister whether there will be a review of the impact of the lobbying Act as we go forward with the Elections Bill, because I think that they go together. To know what impact the lobbying Act has had on campaigning will be very instructive. Perhaps there has been such a review already, and I did not know about it. If not, will there be a review of the impact of that Act and this legislation on campaigning, particularly single-issue campaigning?
If existing party activity is redefined as joint campaigning, smaller unions that spend only very small amounts on regulated activity and do not come close to meeting the threshold for registering with the Electoral Commission could find themselves having to register and submit a complex and comprehensive return, despite having not spent any of their own funds on a campaign. Should not they be spending their money on frontline service provision and advocacy, rather than filling in complex and comprehensive returns that do not add to transparency but only decrease our democracy? This will be a huge bureaucratic burden on small organisations; it is both completely unnecessary and overly burdensome.
Labour’s amendment 76 seeks to reduce the chilling effect and remove the burdens of additional regulation by exempting registered charities and community interest companies from the notification and registration requirements. In the community organisation that I worked for just before I became an MP, there was a fantastic organisation called SEN Talk—special educational needs talk.
For years, I supported it in becoming a CIC. It is a long process. The organisation had to go through a lot of measures and have a lot of transparency. It was doing a lot of frontline work with parents and children with special educational needs, but also it was advocating to the council for the changes that it needed in order to operate on behalf of parents, and to the Government, and working on Select Committee reports, for example. If that organisation were asked to then submit returns but did not know exactly when the election period was and feared falling afoul of this, it would have to cut down on its frontline services or not take part in the advocacy that really does help it to stand up for children with special educational needs. It would put that organisation in a real bind, and it is just one example.
This proposal has also, as I have mentioned, been called for by Bond—the overseas aid network—and several other third-sector organisations. Setting up a registered charity takes considerable time and effort, and these entities must already, by law, identify their trustees—or, in the case of CICs, their directors—and publish their accounts. There are already robust transparency initiatives regulating charity governance, so it is highly unlikely that those seeking to exert undue influence in elections would pursue this approach as a means of evading regulation. I would like to know how many conversations the Minister has had with CICs, in particular, about the effect of the Bill.
Registered charities cannot exist for solely political purposes, and charities that do engage in political activity in pursuit of their charitable objects are already closely monitored by the Charity Commission. These organisations would still have to register with the Electoral Commission as a non-party campaigner if they met the existing spending thresholds.
Amendment 77 would recognise the need for all campaigners at elections to submit to electoral regulation by the elections regulator, and to be transparent about their purpose if they are seeking to campaign to influence voters at election time—but without duplicating the compliance burden for those organisations that already routinely are required to be transparent.
I urge all hon. Members to support these very reasonable amendments, which would allow small organisations and single-issue campaigns to continue to campaign.
Patrick Grady
Like the Labour Front-Bench team, SNP Members have warned repeatedly about the chilling effect that the Bill as a whole will have on political participation. We have gone through the clauses that suppress turnout; we have gone through the clauses that weaken oversight of elections; and now we are on to clauses that will deter organisations with legitimate interests from contributing to debate and policy development, though that is what happens during general elections.
The intervention made by the hon. Member for Newcastle-under-Lyme was very telling. His point was that charities should be seen and not heard—the patrician attitude was that charities do beneficent works, helping poor unfortunate souls, maybe contributing to the Government’s levelling-up agenda, or maybe not, and while doing all the hard work must live with the consequences of the policies made by Governments of whatever colour. That includes SNP Governments in Scotland; there will be organisations that are highly critical of some aspects of SNP Government policy—but so they should be, as the point of a vibrant third sector is to contribute to policy debate.
Most charitable organisations that I have come into contact with in my professional career, both in that sector and as a politician, ultimately do not want to exist. They are there to solve problems, and they do so by providing immediate relief and support to people who require it, but they also want to tackle the underlying policies that have caused those problems. The best time to do that is at election time, when decisions are made and when power really is in the hands of the people and the voters. Of course those organisations want to seek pledges from individual politicians. They are not necessarily seeking to influence political parties as a whole. They are certainly not telling their supporters which party to vote for. First, they are not allowed to, but even if they were, they are not going to tell their supporters and donors which party to vote for, because by definition these are cross-party organisations that draw support from a wide range of people across society, and doing so would be counterproductive.
It is crucial for our democracy, however, to allow these organisations to encourage supporters and donors, educate the people who support their cause, and engage with decision makers. If that means extracting pledges from candidates on a constituency-by-constituency basis, then good for them. If that means that candidates from whatever party get elected and are then held to account for signing a pledge or supporting a policy in the election, so much the better. When we have mass lobby days here in Westminster—there are a few lined up this week, now that covid restrictions are easing—Members of Parliament from all the political parties come along to demonstrate their support for a charitable cause. Yes, sometimes there is weight in one direction or the other, but inevitably the best way to drive political change is to achieve cross-party consensus. That is what these organisations are often trying to do, but the clause will have the chilling effect of which the hon. Member for Putney spoke.
Cat Smith (Lancaster and Fleetwood) (Lab)
When we heard the intervention from the hon. Member for Newcastle-under-Lyme, was the hon. Gentleman reminded, as I was, of Desmond Tutu’s words:
“There comes a point where we need to stop just pulling people out of the river…We need to go upstream and find out why they’re falling in”?
Is that not the philosophy of the charities that the hon. Gentleman has worked with? Certainly the charities that I have worked with in my constituency want to stop people falling into the river upstream, rather than just keep fishing them out at the bottom.
Patrick Grady
Absolutely. Where are those decisions ultimately made? Here, in rooms like this one. We are engaging with charitable organisations on this Bill. We are being advised and lobbied on matters in the Bill by organisations that are making representations to us, have frontline experience, and are delivering in a whole range of sectors. We have heard from domestic organisations and from Bond, the international development network.
I am sure all Committee members have diligently read the written evidence submitted by Bond, EB14. I strongly encourage them to do so, because it explains the challenges and difficulties faced by these organisations, which are having to comply with election registration regulations and reporting requirements, and finding it incredibly difficult. There is evidence in that document—we heard it from the hon. Member for Putney as well—that many organisations are already choosing simply to step back, so their voices are not being heard. That goes back to the narrative of what exactly the Bill is trying to achieve, in terms of suppressing debate and political participation in this country.
Although clause 24 is not quite as draconian as clause 23, it is still pretty oppressive. Amendment 96, tabled by the SNP, could achieve much the same as the Labour party amendments in exempting registered charities from these incredibly stringent new reporting requirements. The threshold of £10,000 could easily be reached once everything that had to be calculated was taken into account, such as staff time, resources, and collaboration with other organisations.
It would be easy to hit that threshold, potentially unexpectedly. The charity would then face another burden if it was sanctioned. There have been examples, referred to in the written evidence, of charities that inadvertently crossed the threshold and did not report that appropriately, and then faced fines. That is fair enough, if that is the regime, but it is another cost. That is money that people have given to those charities. It might be taxpayers’ money, received through gift aid, that has to be spent on fines, compliance and regulation, deterring the charity from political participation and delivery of frontline services, when it already exists in a rightly strong and tightly regulated environment.
The Government should accept the amendments. If they genuinely believe in levelling up, surely they want to hear from organisations that have frontline experience of the difficulties and challenges being faced by ordinary people day to day, and that are identifying solutions that will help to raise standards in society and level up. In fact, we are seeing a levelling down, suppression of debate, sticking with the status quo, and a message not to challenge anything coming from the Government who happen to be in power now.
We have learned in this Committee and in others that the chances of an amendment succeeding are middling to none. Nevertheless, I look forward to the Minister’s response to my points.
Brendan O’Hara
It is a pleasure to follow my hon. Friend, who is absolutely right, though I admire his endless optimism that the chances are middling to none. He is far more optimistic than me that the Government will ever move an inch. That does not mean that the arguments cannot be made. Indeed, there is every reason for the arguments to be made.
At general elections, every single one of us has been made to think, question and commit one way or another to an idea coming from a third party or campaigning organisation. That is exactly how it should be in a democracy. When we put ourselves forward for election, people have a right to know where we stand on the big issues of the day—whether that is homelessness, third-world debt or support for those suffering domestic violence—and where better to do that, for a charity or third party organisation, than a general election? People are not asking us just as individuals; they are asking all those who put themselves forward for election in this country where they stand, because our public have an absolute right to know that.
The real question is about the motivation of the Government in introducing the measure in the first place. Campaigning is a core function of many organisations. It allows them to highlight areas of concern and contribute to the wider public discourse, from a position of authority and experience, from which every one of us benefits. We have all heard from numerous third party organisations of their concerns, but these measures will make an already complicated area even more confusing and burdensome for those issue-based campaigning organisations. They face new rules that may see them inadvertently fall foul of legislation and, as a result, step a long way back from their activity. They will shrink back from that public debate, which can only harm our democracy. That will dampen public debate, and the voice of those marginalised groups they represent will be further diminished.
Organisations will quite rightly engage in campaigning 12 months prior to a general election, but the vast majority of that campaigning will not be focused on that general election. Those organisations campaign every day of the year, every year of a decade. That is what they are there to do; they are there to inform and to advocate.
What is really troubling here is the purpose test and whether it can be passed. It is confusing. The legislation says that the purpose test can be passed if it
“can reasonably be regarded as intended to influence voters to vote for or against political parties or categories of candidates, including political parties or categories of candidates who support or do not support particular policies”.
That is all well and good, but the confusion arises because that is not the intention of the charity of a third sector organisation. The interpretation comes from someone else, and it is their perception of what counts as political campaigning. Even if the charity is clear that that is not its intention, it could be decreed by someone else that it is. The result is that the charities will shrink from those areas of concern—homelessness, domestic abuse—for fear of falling foul of the legislation. Many of us on this side of the Committee think that that was probably the Government’s intention from the start.
Kemi Badenoch
Amendments 76 and 90 would exempt from the transparency requirements provided by the lower tier of expenditure registered charities, charities exempt from registering with the Charities Commission, and community interest companies spending more than £10,000 across the UK but less than the existing notification thresholds. Amendment 77 would allow those groups to forgo the usual notification process for the lower tier and instead provide only their charity or company number.
The Government are clear that any group spending significant amounts in UK elections should be subject to scrutiny. That is essential to ensure transparency for voters and to maintain the level playing field for all participants in elections. It is therefore right that all types of third party campaigner should be subject to the same sets of rules where they are trying to influence the electorate. The amendments would undermine those principles, and the Government cannot accept them.
Additionally, third party campaigner regulations do, and should, focus on the purpose of campaigning activities conducted by all organisations, not just specific types of organisation. Charities and CICs can always choose to spend less than £10,000 in the period before an election if they do not want to register with the Electoral Commission.
Patrick Grady
Given the repeal of the Fixed-term Parliaments Act 2011, how will charities know when it is 12 months before a general election?
Kemi Badenoch
I will come to that point in a moment. Charities can choose to spend less than £10,000 in the period before an election. The clause is drafted so as to increase transparency by requiring third party campaigners to register at a lower level of spend than is currently the case, while also ensuring that the regulatory requirements on such third party campaigners is proportionate to their campaign spend.
Digital technology has significantly reduced the cost of campaigning, and it is important that the lower tier of expenditure reflects that reality. Those third parties subject to the lower-tier expenditure limits will be subject only to minimal registration requirements and will not be subject to reporting or donations controls. That increased transparency is intended to reassure the electorate and to continue to uphold transparency as a key principle of UK elections. No group should be exempt from that. In fact, having third party spending limits is essential to prevent the influence of American style “super political action committee” pressure groups in UK elections.
The notification requirement for third party campaigners involves the provision of important information, which the Electoral Commission uses to ensure that campaigners are eligible and to provide information about those campaigners to the public. While amendment 77 would still require third party campaigners to notify the Electoral Commission, it would allow them to provide only their registration numbers with the Charity Commission or Companies House, instead of providing the usual information, which would undermine the intended transparency.
Let me address some of the questions raised by Opposition Members before I continue on clause 24. I am not clear about what the hon. Member for Putney was referring to when she talked about the impact on the lobbying Act; if I am not answering her question here, I am happy to write to her with more information. The report on the 2014 lobbying Act from Lord Hodgson of Astley Abbotts said that as one of the fundamental purposes of electoral law
“is to maintain public trust and confidence in the integrity of the electoral system, it must be right that any regulation should apply to all such participants, regardless of their size or status.”
That shows that, even as the lobbying Act was being created and reported on, those considerations were taken into account.
Brendan O’Hara
I ask the Minister a very, very simple question. How will a charity or any other organisation—
Brendan O’Hara
Indeed, or a Back-Bench MP—how will they know when they are in that 12-month period before a general election?
Kemi Badenoch
The fact is that we all have a fairly good idea of when an election will be. Although snap elections can be called, the fact is that everybody will be in the same situation.
Kemi Badenoch
I am not giving way again on that point. Third party campaigning groups will not have any special intelligence. People will need to take that into account when they are campaigning politically. People seeking to influence the electorate should all be subject to the same laws.
The debate is not about whether charities are nice groups or nice individuals, which is 50% of the argument made by SNP Members. To be perfectly honest, it sounds like Opposition Members want charities to make their political arguments for them, because they think they are more acceptable.
Kemi Badenoch
I am no longer giving way on that point.
That is not how we want to regulate our politics or our electorate. Charities should make points on their own—not in the way that SNP Members are saying, as if there are other political reasons that would be helpful to them, rather than the Government. They accuse us of playing politics, but it sounds to me as though they are the ones doing that.
Nick Smith (Blaenau Gwent) (Lab)
In 2017, the Prime Minister called a snap general election. What would the Minister say to charities who find themselves in a similar situation after the Bill is passed?
Kemi Badenoch
I would say that all third party campaigning organisations need to be mindful of their spending. I believe that snap elections are a rarity, given what happened in 2017. They do not happen very often.
Kemi Badenoch
Yes, but the fact is they are not very common. Every single one of us in this room is in the same situation. I was elected in 2017. I did not know that a snap election was going to be called. I am afraid that what Opposition Members are asking for is the Fixed-term Parliaments Act 2011, which is not within the scope of what we are discussing. Debates on the clause are not the place to discuss certainty around election time, if that is what Opposition Members want. The clause is about regulating political finance transparency.
The fundamental point made by Opposition Members is that clause 24 creates an undue administrative burden for charities and community interest companies, but it does not do that. They can easily supply the relevant information.
Kemi Badenoch
The hon. Lady knows that I cannot answer any questions about when elections are forthcoming. That does not change the premise of our argument. I do not know; she does not know; charities do not know; no third party campaigners know. The law is equal for everybody. I am afraid we simply do not accept the argument that there should be special rules and exemptions for particular groups.
Charities can supply the relevant information, and the amendment would increase the administrative burden for the Electoral Commission—a point it has made several times—and not allow it to obtain all the necessary information covered in the notification requirements. Under the amendment, charities and community interest companies would not have to provide the name of a responsible person. That information cannot be obtained through Companies House or the Charity Commission because it is specific to electoral law.
It is important to identify a person who will be responsible for ensuring compliance with electoral law. Naming a responsible person also acts to protect third parties from being liable for expenditure that has not been authorised by that person. Allowing charities and community interest companies to be exempt from that requirement would risk their duty of compliance and protection falling away, which would not be right. In the light of the reasons I have given, and the minimal burden on charities that the measures will generate, we oppose the amendment.
Brendan O’Hara
I have a question for the Minister, which I think is a perfectly reasonable and fair question to ask on behalf of charities. How do they know right now that they are not 12 months out from a general election? How do they know where their spending is in relation to the next general election, and that they have not already exceeded the threshold? The question is whether she thinks it is fair for charities inadvertently to fall foul of the legislation, with their having absolutely no way of knowing where they stand because the Government have changed the rules around about them. Will she address the basic issue of fairness to our charities?
Question put, That the amendment be made.
Kemi Badenoch
Third party campaigners must currently register with the Electoral Commission before they spend £20,000 in England and £10,000 in any of Scotland, Wales or Northern Ireland for controlled spending during a regulated period before an election. Groups that spend below those thresholds could be spending substantial amounts of money on campaigns, but they are not regulated. Clause 24 addresses that issue, and introduces registration for third party campaigners at a lower level of spend than is currently the case.
Third parties spending in excess of £10,000 on controlled expenditure during a regulated period across or in any constituent part of the UK, but below the existing per-country thresholds for registration, will be required to register with the Electoral Commission. That will not replace the existing registration thresholds, which will stay in place. Therefore, if a third party campaigner spends more than £20,000 in England or £10,000 in Scotland, Wales or Northern Ireland, they will still be required to notify the commission as they currently do. That will be for all groups, as we said in the debate on the amendments. No exceptions will be made for any special category of campaigner; they will all be subject to the same rules.
In addition, all the measures apply only to qualifying expenditure that can reasonably be regarded as intended to promote or procure electoral success at any relevant election. I want to be clear that they do not apply to wider non-electoral campaigning that groups may undertake.
As I mentioned, third parties registered in the lower tier will be subject to minimal regulation upon registration—for example, ensuring that they are UK based or otherwise eligible to register with the Electoral Commission. Again, such entities will not be subject to some of the other political finance controls in legislation around reporting on donations and controlled expenditure, nor will they be subject to the internal reporting and recording requirements.
We must recognise that digital campaigning has significantly altered the campaigning landscape by making it easier to spend less on campaigns and to spend more widely across the whole UK. Introducing registration at a lower level of spend reflects that reality and will help to increase transparency for the public with regulation proportional to the level of spend.
Patrick Grady
The Minister said in her previous speech that the measure was partly intended to avoid a situation arising comparable to the US super-PACs that spend millions of dollars with very little regulation. It is impossible under current UK electoral law for a situation anything like that to arise in this country. The notion that small local charities that want to lobby their local candidates to stop the closure of a swimming pool, a school or a library are somehow comparable to the dark money seen in other parts of the world, which has been reported as potentially having an increasing impact in this part of the world, is completely extreme.
It is not impossible that there will be a general election in February 2022, because as the Minister has admitted, the Prime Minister will have that option when the Fixed-term Parliaments Act 2011 is finally repealed. As soon as that happens, the next election campaign will effectively start, which is delightful for all of us because of the rare snap elections that we have experienced twice in the last three years.
Under the terms of the clause, if an election came that early it might be the case that some organisations would have already reached the threshold without knowing it, not least because they are in the process of holding us to account for pledges that we made in 2019 that they have not had much opportunity to lobby on. Organisations that are organising a big lobby day—there are several coming up—that involve a lot of logistics such as the hire of the hall and the transportation of people, and that are related to pledges that Members may have made at a general election and therefore could reach the threshold, may find that they are already in breach without knowing it.
It is an awkward clause that relates to the overall package of reform that the Government are bringing in through the Bills that we have mentioned throughout the progress of this Bill, including the repeal of the 2011 Act, the Police, Crime, Sentencing and Courts Bill, and the other aspects of electoral and political law that are being amended. The Minister is falling back on the idea that it affects everyone, but that does not really answer that point. In a sense, it does affect all of us and we may already be in the run-up to a general election campaign but we just do not know because of the power grab that is being exercised by the Conservative Government, of which this clause is another example.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25
Joint campaigning by registered parties and third parties
Fleur Anderson
I beg to move amendment 74, in clause 25, page 36, line 19, at end insert—
‘(2A) In section 85(2) of PPERA, after “incurred”, insert “(in the case of a parliamentary election only after the date of the election has been set or fixed)”.’
This amendment would limit regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls.
Clause 25 is about joint campaigning by registered parties and third parties and sets up the necessary amendment to have joint plans registered by those registered parties and joint parties when they are campaigning together. It clearly focuses mainly on suppressing the unions’ ability to campaign with parties. The Opposition oppose clause 25 in its entirety, as I will come to later.
On amendment 74, we have just been talking about deadlines and dates and how, if there is confusion about who can campaign, there is confusion about what has to be registered financially and who that has to be registered with. Then there is a lot of red tape. On top of that, there is confusion about the dates and the period that we are in: is it an election time or not? That will all, jointly, have a huge suppression effect on campaigning, which is the lifeblood of our elections and our free and democratic society.
Kemi Badenoch
Third party campaigners are subject to limits on their controlled expenditure in the periods leading up to parliamentary elections in the UK, including devolved elections. The time during which those spending limits apply are known as regulated periods and are 12 months long for UK parliamentary elections and four months long for the relevant parliamentary elections in Scotland, Wales and Northern Ireland. Regulated periods can be longer where they overlap. It is right that any campaign that could influence the electorate at an election should be regulated and subject to a spending limit. While significant amounts of spending might take place following the announcement of a poll, elections are often known, rumoured or expected to take place long before the poll date is announced and a Parliament is dissolved, which is the point that we are debating.
Brendan O’Hara
Can the Minister explain how the House can legislate on the basis of a rumour of when a general election might be? How is that any way to run a country?
Kemi Badenoch
That is not what we are legislating on; that is a statement of fact. Just as with every intervention the hon. Gentleman has made, it is a point we all acknowledge that while elections are at expected times, they can happen at different times: earlier or there may be snap elections, though rare. That does not change the fundamental point under discussion.
Opposition Members seem to be annoyed that there is a regulated spending period at all. I am afraid that that is not going to change. Campaigning and political activity, which can occur up to 12 months or more in advance of an election, may have a significant influence on its outcome. Having a short regulated period, as proposed by the amendment, would mean that spending, which does influence the electorate, is likely to fall away from being regulated and reported. That fatally undermines the principle of transparency and spending limits.
Cat Smith
On the point about transparency, does the Minister not recognise that the Government are not being transparent with charities or third party campaigners? How are they ever meant to know when the regulated spend period is kicking in when we do not have scheduled, regular general elections for the UK Parliament because of legislation we already passed a couple of months ago? Does the Minister agree that we are asking charities, which are blindfolded, to make decisions with no idea when an election will take place? The amendment is the only way we can treat all third party campaigners fairly and give them any sense of transparency. Can the Minister see that the Government are a little inconsistent on the point about transparency?
Kemi Badenoch
I do not think so at all. In the previous clause, we made the situation equal for everybody. The Opposition are talking as if there is a secret conspiracy where everybody knows, other than them, when an election is going to be called. We are applying the law equally to everybody. That is right and I am happy to continue making the argument.
Kemi Badenoch
I have already given way multiple times and we need to proceed. There are other more important reasons why the amendment simply cannot pass.
Under the terms of the amendment, third party campaigners would be able to incur spending beyond their current limit, prior to the poll being officially set, and still be able to influence the electorate. That would give a potential advantage to those with access to greater funds, and thus also undermine the fundamental democratic principle that there should be a level playing field for all those taking part in elections. That would apply to all third party campaigners, whether on the Government’s side or the Opposition’s. That is the fairness about which the hon. Lady is talking. In addition, donations of third party campaigners are regulated only where they are used for controlled expenditure during a regulated period. That ensures that donations that are spent to influence the electorate in the period before an election come from permissible sources and are fully transparent. This is a regulated period amendment and we are not talking about charities.
A shorter regulated period would allow third party campaigners to accept and spend donations from potentially impermissible sources in the run-up to an election, and do so without being subject to transparency controls, as long as those donations were spent before the regulated period began. That risks unchecked money being used to influence the outcome of an election.
Kemi Badenoch
I have answered that question already.
The amendment, as drafted, does not achieve the aims set out in the accompanying explanatory memorandum. Although the memorandum suggests that the amendment would limit
“regulated periods for UK Parliamentary General Elections to the period between the announcement of the election and the close of polls”,
that is not correct. It makes changes to section 85 of the Political Parties, Elections and Referendums Act 2000, which provides a definition for what constitutes controlled expenditure, namely spending incurred by third party campaigners at relevant elections, not just UK parliamentary elections, which can be regulated. The amendment does not amend the length of the regulated period, but rather creates an additional time period over which controlled expenditure is regulated. That would cause confusion to third parties as to which time applies.
The amendment would also create disparity between the rules for third party campaigners and the controls on political parties, which would still have a twelve-month regulated period, known as the relevant period. The proposed change would therefore also have the effect of making regulated periods for UK parliamentary elections significantly shorter than those for the devolved Parliaments, whose regulated periods would remain at four months. The amendment therefore should not stand because it would undermine the principles of controls and transparency that are placed on election funding and spending, and it would create confusion and disparity.
Question put, That the amendment be made.
Kemi Badenoch
As I have already set out, spending limits are an integral part of the political finance framework. They ensure a level of fairness between parties and campaigners. Controls are already in place on the integrity of spending limits—for example, in the case of targeted spending where a cap is placed on third party spending to promote one political party, and joint campaigning, which applies where third party campaigners work together and must all report costs. It is right that where groups work together on a campaign the spending should be accounted for by anyone involved in it, otherwise groups could unfairly attempt to make use of multiple spending limits. Therefore, we are extending the principle of joint campaigning to cover scenarios where political parties and third party campaigners are actively working together on a campaign. That is very different from targeted spending, where a third party targets a political party with their spending, but they do not actually work together on a campaign. It will simply mean that where a political party and third party campaigner are incurring spending and actively campaigning together, the relevant spending for that joint campaign should be accounted for by all groups involved in the spending. That will help to ensure that campaigners are playing by the rules and make it much easier to know who was involved in such campaigns. Of course, it will not stop groups spending separately outside the joint plan in their capacity as an individually recognised third party or political party. Any regulated spending that is undertaken by an individual group and is not part of a joint campaign will need to be reported only by the group incurring the spend.
Furthermore, to create parity with the current rules on joint campaigning between third party campaigners, the requirement to specifically identify relevant spending and spending returns will also be applied to the existing rules on joint campaigning between more than one third party campaigner. It is absolutely right that the rules on transparency of joint campaigning should be as similar as possible across all types of campaigners, to ensure fairness and support compliance. Therefore, I urge that the clause stand part of the Bill.
Fleur Anderson
We oppose part 4 in its entirety. The Minister makes it sound very easy. Parties campaign together and write a joint plan. If they have been a part of it, they declare all the expenses. In practice, that involves a huge amount of red tape and burden, and it is absolutely disproportionate to the effect that the Government are trying to achieve with the Bill—transparency, integrity and freeing up our elections so that everyone can take part and we all know what is happening. There should absolutely be transparency, but there should not be an overly bureaucratic system that will actually suppress freedom of speech.
The clause is a deliberate attempt to silence the trade unions in particular, which is what I will focus on. It is all about the Conservatives rigging democracy in their favour, because they know full well that the clause will silence Labour-affiliated trade unions. It is totally out of step with what we see globally. Only four of the 57 member states of the Organisation for Security and Co-operation in Europe—the UK, the Czech Republic, Ireland and Slovakia—require third parties to register campaigning activity at election time. Clause 25 would change the joint campaign rules so that organisations campaigning jointly with political parties are collectively liable for the total campaign expenditure of all organisations. No matter what small part or supporting role an organisation might play, it has to declare the full total amount, which will take up all of its campaigning allowance. That will include the political party.
The 2021 report “Regulating Election Finance” by the Committee on Standards in Public Life says:
“When considering calls for greater regulation of non-party campaigning it is important to be mindful of the role of non-party campaigning in the broader ecosystem of democracy and pre-election debate. As the Committee made clear when it first concluded that spending limits for non-party campaigners would be necessary, there is nothing wrong with individuals and organisations sending out explicitly political messages in advance of and during election campaign—‘On the contrary, a free society demands that they should be able to do so, indeed that they should be encouraged to do so.’ The right to campaign is also protected by law through the right to freedom of expression. This should act as a check on ensuring that regulation strikes the right balance.”
We contest that the Bill does not strike the right balance. Who can think of a political party that has strong historical links with external organisations working together—maybe around election time, and maybe for workers’ rights across the whole country—and traditionally campaigning together as a movement for change? That’s right: it is the trade unions. I hope that the Minister has talked to the trade unions about the Bill and understood the impact that it will have on trade union activity in all our constituencies, as well as across the country.
Patrick Grady
I want to speak briefly in solidarity with my Labour comrades. I was reminded during the hon. Lady’s speech of the quote, often attributed to Margaret Mead, that is a favourite of many third sector organisations:
“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”
Policy change cannot be effected without building a coalition. We cannot change direction and implement new legislation without bringing several diverse and disparate groups together to support that cause. That is why we have left the European Union: that was done reasonably successfully. We can ask about where some of that money came from, because we know where trade union money comes from; it comes from the members, by and large, and if people do not want their trade union membership fee to fund the Labour party—I have first-hand experience of this—they can opt out. Thatcher introduced that quite some time ago.
Historically, the Labour movement has that relationship with the trade unions, but there are unions or branches in Scotland that support either individual SNP candidates—the cause of independence—or at the very least Scotland’s right to choose. Perhaps the Labour party would be in a slightly better position if it aligned itself with those enlightened trade unions.
The point made by the hon. Member for Putney, about the effect that the clause will have in restricting the ability of organisations to unite behind a common cause, is very concerning. How else will change be achieved? As I said earlier, the whole thing seems to be about putting up a block now—“We have reached some sort of status quo, and that should be the end of it.” That is always the Conservative attitude—that Conservative government is, essentially, the end of history, that perfection has been achieved with their election and that nothing should change. It is not so much levelling up as levelling over—just pouring concrete on everything that might have gone before or anything that might pose a challenge to them, to try to stop it there. Labour Committee members are right to highlight the dangers of the clause, and we will be very happy to vote with them should they press the clause to a Division.
Question put, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider that schedule 8 be the Eighth schedule to the Bill.
Kemi Badenoch
Clause 26 creates a new disqualification order for offenders who intimidate those who contribute to our public life. Political intimidation and abuse have no place in our society; they risk reducing political participation and corroding our democracy. To tackle the problem, the Committee on Standards in Public Life suggested that it would be appropriate to have specific electoral sanctions that reflect the threat posed by the intimidation of candidates and their supporters.
Based on the protecting the debate consultation, the Government committed to applying electoral sanctions to existing offences of intimidatory behaviour. That is precisely what the new disqualification order achieves. It is a five-year ban on standing for, holding, and being elected to public office. It can be imposed on those convicted of intimidating a candidate, elected office holder or campaigner. After all, it is simply not right that those who try to damage political participation through intimidation are allowed to participate in the very same process that they tried to undermine.
The disqualification order can be applied to a wide range of intimidatory criminal offences such as, but not limited to, stalking, harassment, common assault and threats to kill. For the disqualification order to be imposed, the intimidatory offence must be aggravated by hostility related to, for example, a candidate. That ensures that the disqualification is imposed only in instances where political participation is genuinely at risk.
The court that determines conviction for the intimidatory offence will also impose the disqualification order. Where the court is satisfied that the offence is aggravated by hostility, then it must impose the disqualification order, except where the court considers that there are particular circumstances that would make it unjust to do so. This sentencing model strikes the right balance between ensuring a sufficient deterrent against political intimidation, while maintaining the crucial role of the judiciary in determining the most appropriate penalty commensurate with the seriousness of the individual offence and in light of the specific circumstances of the offender.
The clause also gives effect to schedule 8, which lists the offences that, when committed by an offender with the necessary hostility, can trigger the imposition of a five-year disqualification order. There is no single offence of intimidation in criminal law, so the schedule lists a wide range of offences of an intimidatory nature in respect of which the new disqualification order can be imposed.
The list is based on a core list of offences suggested by the Committee on Standards in Public Life, such as common assault, harassment, stalking or sending communications with intent to cause distress and anxiety. Following public consultation, and engagement with key stakeholders such as the Crown Prosecution Service and the Electoral Commission, we have broadened the list to include four intimidatory offences.
It is important to cast our net widely in selecting intimidatory offences for the schedule; that will help to avoid a situation where a person commits an offence against a candidate with the clear intention of intimidating them but, because the offence is not included in the schedule, the new disqualification order cannot apply. That is why the clause should stand part of the Bill.
The Chair
I have agreed that the hon. Member for Lancaster and Fleetwood can make her remarks while seated.
Cat Smith
Thank you, Mr Pritchard. I welcome not just clause 26, but the whole of part 5 of the legislation. As shadow democracy Minister, I have had the unfortunate pleasure of having to take part in many debates about intimidation of candidates; I am sure all Members will be aware of some of the accounts.
We know that many of our colleagues are intimidated, and many candidates of our party have experienced intimidation and threats. It is devastating that we should be debating this clause so soon after the murder of our colleague, Sir David Amess, who was on the Panel of Chairs and chaired many debates on issues like this. I must be honest: I did not expect when I stood for election in 2015 that I would lose two colleagues to murder in such a short space of time. An attack on an MP, and an attack on a candidate, is an attack on democracy. The Opposition therefore welcome part 5 of the Bill.
I am making remarks about clauses 26 to 34 so that I do not have to bother for future clauses. My only concern is that some of the legislation does not go far enough. Many of the people who might go on to intimidate candidates, agents or campaigners might not be put off by the idea of not being able to stand for elected office for five years, because many of the people who commit these crimes are not interested in participating in our democratic processes—they are, in fact, opposed to the democratic process in its entirety.
As the Minister finds her feet in this new role, I would be very happy to open a dialogue with her to explore ways in which there might be a consensus across the House to ensure that our democracy, which we all take part in and support, can be strengthened so that we do not see the acts of violence and intimidation that we have seen in recent years deter good people from entering public life.
Question put and agreed to.
Clause 26 accordingly ordered to stand part of the Bill.
Schedule 8 agreed to.
Clause 27
Vacation of office etc
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
While those in public life are often the targets of intimidation and abuse, I regret to say that they can also be the perpetrators of intimidation and abuse. For example, it is possible that an MP or a local authority mayor or councillor will be sanctioned by the new intimidation disqualification order. They will be treated no differently from anybody else and will be disqualified from holding elected office.
The clause sets out the process by which the office holder’s office is vacated; this is no more than three months after the officeholder receives the intimidation disqualification order. During the period prior to the office being vacated, the officeholder is suspended from performing the functions of their office. However, if the officeholder makes a successful appeal against their conviction or sentence before that three-month period ends, the office is not vacated and consequently they can resume their office.
The process strikes the correct balance between, on the one hand, the right of an offender to appeal and, on the other, the smooth vacation of office and a swift resolution. A swift resolution provides certainty for electors and ensures that there is an office holder in place who can discharge the responsibilities of that office. This is also consistent with the existing process for vacating office outlined in the Representation of the People Act 1983.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clause 28
Candidates etc
Kemi Badenoch
The new disqualification order will be applied only when intimidatory offences are motivated by hostility towards certain groups of people. This clause defines the first group that requires this additional protection from abuse and intimidation. Candidates at any election, including candidates named on lists, will be protected by the new disqualification order. Future candidates—people whose intention to stand as a candidate has been declared, but whose formal candidacy has not yet begun—are also included in this clause. Substitutes and nominees who are expected to fill vacancies in Northern Ireland will also be protected by the new disqualification order. Candidates, future candidates, substitutes and nominees all play a vital role in participating in our democracy and standing for election. That is why they deserve the additional protection from intimidation provided by the new disqualification order, and it is why I commend this clause to the Committee.
Question put and agreed to.
Clause 28 accordingly ordered to stand part of the Bill.
Clause 29
Holders of relevant elective offices
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
Clause 29 builds on the previous clause and sets out another group of people whom the new disqualification order will protect: holders of elected office, such as—but not limited to—MPs, councillors and mayors. Given the high-profile nature of their roles, elected officeholders are sadly all too often the targets of intimidatory, threatening, or abusive words or behaviour. We cannot allow intimidation to force those public servants to stand down from their offices or not stand for re-election. Banning those convicted of an intimidatory offence from standing for election and potentially standing against the very same people they abused is an important step. That is why I commend this clause to the Committee.
Question put and agreed to.
Clause 29 accordingly ordered to stand part of the Bill.
Clause 30
Campaigners
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The previous two clauses extended the protection of the new disqualification order to, broadly, candidates and elected officeholders. However, we must not stop there. Campaigners, from grassroots volunteers through to party employees, play a vital role in our democratic process, and the intimidation and abuse to which they are subject is abhorrent. Therefore, an intimidatory offence that is motivated by hostility towards campaigners can also trigger the new disqualification order.
Unlike candidates, there is no single definition of a campaigner. For the purpose of this clause, we have used a reasonably broad definition that includes individuals who are a recognised third party campaigner, an accredited campaigner for a recall petition or a permitted participant in a referendum, or who are involved in the management of a local referendum campaign. Individuals who are employed or engaged by the aforementioned people to carry out campaigning activities are also considered campaigners. This definition includes campaigners who undertake relevant campaigning activities at any time of year, not only during a specific election period, to reflect the fact that campaigning—particularly online campaigning—takes place outside of formal election periods. Unfortunately, intimidation and abuse also affects campaigners at any time of year, not only during election periods.
Anybody can potentially be a campaigner, including volunteers, and the disqualification order must protect campaigners from intimidation in the same way as it protects MPs. For that reason, I commend this clause to the Committee.
Question put and agreed to.
Clause 30 accordingly ordered to stand part of the Bill.
Clause 31
Election etc of a person to the House of Commons who is subject to a disqualification order
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The new disqualification order, which we have already debated, disqualifies offenders from being elected to various offices. This clause ensures that this disqualification applies to the House of Commons. It specifies that if an offender who is subject to an intimidation disqualification order is elected to the House of Commons, their election will be void. Other relevant elected offices already have provisions that state that an election will be void because of disqualification. The House of Commons has no such provision, and we therefore need to provide specifically for that possibility.
This clause is reasonably technical in nature, but it has an important role to play in ensuring that the new intimidation disqualification order works smoothly. I therefore commend it to the Committee.
Question put and agreed to.
Clause 31 accordingly ordered to stand part of the Bill.
Clause 32
Power to amend Schedule 8
Patrick Grady
I beg to move amendment 92, in clause 32, page 44, line 12, leave out “may by” and insert
“must consult with such persons as the Minster considers appropriate before making”.
This amendment empowers the Secretary of State to consult broadly before making regulations under clause 32 to amend Schedule 8.
Patrick Grady
This relatively technical amendment is based on the written evidence and suggested amendments submitted by the Law Society of Scotland, which I am sure Committee members are familiar with and have read in detail. Schedule 8 provides the list of offences that disqualify offenders for elected office, including offences under the law in Scotland, which in a lot of these areas is determined by the devolved Scottish Parliament, so we think it is pretty simple and appropriate that the clause places a duty on Ministers to “consult with” relevant persons as appropriate before making statutory instruments.
A lot of themes that have come up in the course of our deliberations are about the need for enhanced scrutiny and consultation. Indeed, the Minister strongly defended the role of consultation—as opposed to seeking consent from the devolved Assemblies, which we are not asking for in this amendment—in a debate on a previous clause. I look forward to her saying that the amendment would be overly bureaucratic and delay the process and therefore is not necessary.
Kemi Badenoch
I thank the hon. Gentleman for his comments. If he already knows what I am going to say, and if we have had this debate multiple times, it raises the question of why he chose to table the amendment. Nevertheless, I will speak to the clause and his amendment.
The purpose of clause 32 is to future-proof the new disqualification order so that it remains relevant and can continue to apply to offences of an intimidatory nature. For example, the nature of electoral campaigning is evolving as online campaigning increases in significance, which unfortunately means that the nature of intimidation and abuse is also evolving and shifting online. It is possible that new online intimidatory offences will be created. For example, a Law Commission report in July recommended the creation of a more modern harm-based communications offence. If this proposed offence became law, we might want to make it possible for the intimidation disqualification order to be imposed in relation to that offence where the necessary hostility was established. That is why the clause enables Ministers to add, amend or remove offences from the list of intimidatory offences in schedule 8. Any statutory instrument made using this power would be subject to the affirmative procedure.
Amendment 92 would require the Secretary of State to undertake a consultation with such persons as he considers appropriate before making use of the regulation-making powers to amend the list of intimidatory offences in schedule 8. This is not necessary, as the hon. Gentleman knew I would say. The Secretary of State will be able to seek and consider the views of such persons as he considers appropriate when relevant without the need for a legal requirement to do so—this is the normal business of government. As previously stated, the clause already requires that any statutory instrument laid using these powers will be subject to parliamentary scrutiny under the affirmative resolution procedure. This will ensure that Parliament can scrutinise and decide whether to accept any proposed changes to schedule 8. The Government will therefore not accept the amendment, as we believe that it is unnecessary. To ensure that the new disqualification order evolves in the same way that intimidatory behaviour and criminal offences evolve, the clause should stand part of the Bill.
Patrick Grady
I do not think that was a massive surprise. The Minister is right to say that it is important that the legislation is future-proofed. The Scottish Parliament has a proud record—as indeed does the Senedd Cymru—of being in advance of this place sometimes in terms of the legislation it has brought forward and the kinds of behaviour it has gone on to deem a criminal offence; in fact, a recent piece of hate crime legislation might well contain examples to add to the disqualifying offences in the Bill.
In an attempt to strike a note of consensus, I will take in good faith the Minister’s commitment to monitor the development of legislation north and south of the border and that the consultations will happen. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 32 ordered to stand part of the Bill.
Clause 33
Interpretation of Part
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch
The clause helps to interpret and clarify two terms that are used frequently in this part of the Bill. The first is “disqualification order”, which refers to the new five-year intimidation disqualification set out in clause 26. The second is “relevant elective office”. The list of offices determines the offices that an offender subject to the new disqualification order cannot stand for, be elected to or hold. It also determines the elected office holders who are protected by the new disqualification order.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Minor and consequential amendments
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that schedule 9 be the Ninth schedule to the Bill.
Kemi Badenoch
The clause gives effect to schedule 9, which contains minor and consequential amendments resulting from part 5 of the Bill.
The new intimidation disqualification order must be enforceable. Offenders who are banned from standing for election must be prevented from doing so. It is already a criminal offence, punishable by imprisonment, to provide false information on a candidate nomination form. All candidates must declare that they are not disqualified from being elected. That will be a sufficient deterrent for most offenders banned by the new disqualification order, but it is possible that some will try to stand for election regardless. That is why schedule 9 amends the rules for Northern Ireland, local and UK parliamentary elections. It provides returning officers with the power to hold a nomination paper invalid where a candidate is disqualified by virtue of the new intimidation disqualification order. Returning officers are only expected to hold nomination papers invalid where they are certain, based on information provided or otherwise available to the returning officer, that a candidate is disqualified.
Schedule 9 also makes minor changes to the process for vacating various elected offices and, by amending the Armed Forces Act 2006, allows the new disqualification order to be imposed by military courts on an offender who is subject to service law. Schedule 9 is important for the enforcement of the new disqualification order and for ensuring that the disqualification fits smoothly and consistently with all elected offices.
Question put and agreed to.
Clause 34 accordingly ordered to stand part of the Bill.
Schedule 9 agreed to.
Ordered, That further consideration be now adjourned.—(Rebecca Harris.)
Elections Bill (Twelfth sitting)
Tuesday 26th October 2021
(3 years, 1 month ago)
Public Bill CommitteesRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)
The Committee divided: - Ayes: 6 / Noes: 7 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 7 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 2 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Chair
Before we begin, I have a few preliminary reminders for the Committee. I remind colleagues, first, to wear masks when they are not speaking, secondly, to observe social distancing and, thirdly, to switch off electronic devices. Could they also note—this is slightly new—that Members and staff are asked by the House to take a covid lateral flow test twice a week if coming on to the parliamentary estate? That can be done either at the testing centre in the House, which is located in the Attlee Suite, or at home. These things can be booked on the intranet, as colleagues will know. Finally, Hansard would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk. Thank you for your attention.
We now resume line-by-line consideration of the Bill. Members wishing to press a grouped amendment to a Division should indicate that they wish to do so when speaking to it.
Clause 35
Definitions relating to electronic material and publication
Question proposed, That the clause stand part of the Bill.
The Minister for Levelling Up Communities (Kemi Badenoch)
The provisions pertain to the Government’s proposed new digital imprint regime. The new regime will require promoters, and those promoting on their behalf, behind digital campaign material targeted at the UK electorate to declare themselves, providing greater levels of transparency to online campaigning. In clause 36, “the promoter” of electronic material is defined as
“the person causing the material to be published”
and to publish means to
“make available to the public at large or any section of the public.”
The imprint rules will apply to all material in electronic forms that consist of or include speech, music, text, and moving or still images. It is important that the definition of electronic material is comprehensive to reflect the wide scope of the regime. At the same time, we must remain cognisant of the practicalities of imprint requirements for certain mediums. For that reason, telephone calls and SMS messages will not be in scope of the regime, due to the impracticalities of including an imprint in an SMS or a telephone call.
Clause 36 defines key pieces of terminology that are relevant to the digital imprints regime, specifically the political entities that will be required to adhere to the new regime and that are prominent actors in political campaigning in the UK. The definitions in the clause cross-reference other pieces of legislation to ensure that there is consistency with the terminology used throughout the Bill. Both clauses provide clarity to campaigners who will be subject to the regime and provide consistency to the enforcement authorities that will enforce the regime and wider electoral law. For these reasons, I urge that the clauses stand part of the Bill.
Cat Smith (Lancaster and Fleetwood) (Lab)
We are pleased to see provisions in the Bill on the regulation of digital content. The Electoral Commission has advocated digital imprints since 2003. While digital technology and campaigning have proceeded at quite a pace, legislation to ensure that the ways electronic communications are used are transparently portrayed to the electorate has been somewhat slow by comparison. Extending the imprint rules will help voters to make more informed choices on the arguments presented and to assess the credibility of campaign messages in a digital space in the same way as with print material. When digital material is disseminated by a political party, voters who see that material will be aware of that fact and will be able to make their assessments accordingly.
It is right that political parties, candidates and campaigners should not be able to conceal their identity online, any more than they would if they printed out a leaflet and pushed it through doors. However, I want to flag a slight loophole in the legislation, which allows reshared content to disseminate without an imprint. I would be interested in working with the Government —I extend the hand of the Opposition here—to find a way of resolving this issue.
There do need to be requirements on online content to show who has made it, who is paying for it and how it is being promoted so that voters can make informed choices. Amendments to subsequent clauses may go some way to doing that, but broadly speaking it is a great relief to see this measure before the House in the Bill. It is something that we have called for for a considerable time, and it is great to see us moving slightly further forward, although there are still some loopholes left to be closed.
Question put and agreed to.
Clause 35 accordingly ordered to stand part of the Bill.
Clause 36 ordered to stand part of the Bill.
Clause 37
Requirement to include information with electronic material
Cat Smith (Lancaster and Fleetwood) (Lab)
I beg to move amendment 87, in clause 37, page 46, leave out lines 24 to 26
This amendment removes the ability for promoters of electronic material to avoid placing an imprint on the material itself if it is not “reasonably practicable” to do so.
The Chair
With this it will be convenient to discuss amendment 88, in clause 37, page 46, line 24, leave out “not reasonably practicable” and insert “impossible”
This amendment raises the threshold needed for promoters of electronic material to avoid placing an imprint on the material itself.
Cat Smith
In its current form, without the amendments, the Bill allows promoters of electronic material to avoid placing an imprint on the material if it is not “reasonably practicable” to do so. Instead, it allows the imprint to appear
“in a location that is directly accessible from the electronic material.”
The amendment would make things clearer for voters so that material is more transparent, and allows voters to make more informed decisions.
As evidenced in Scotland’s recent parliamentary elections, the clause will in practice lead to almost all imprints appearing on a promoter’s website or home page rather than on the actual material. I do not feel that is strong enough. It cannot be classed as an imprint if the voter has to go and seek that information on the home page of a website. For most observers of the material, there will be no discernible change from the situation as we see it now—they will not be able to see a promoter’s details. It should be a requirement that imprints appear on the material itself. It would bring digital material in line with the imprints on printed material, where political parties have to include an imprint on every single piece of content.
While it is positive that Scotland’s recent parliamentary elections were the first in the UK to be conducted with a digital imprint rule in place, it was disappointing that a loophole was left in the legislation, which is now being carried forward into the Government’s Elections Bill. All political parties in Scotland took advantage of the loophole in May, placing an imprint on their home page and not necessarily on the material that was being promoted. This provision does not provide any security against sharing, downloading and re-promoting, where many voters will see material second or third hand as organic content as it spreads over social media.
Numerous stakeholders wrote to the Minister to highlight their concerns. I have certainly seen concerns expressed by the Electoral Reform Society, Fair Vote UK and Transparency International, who have highlighted to elections offices in Scotland that there is a risk that the imprint may be lost or removed, deliberately or accidentally, when the material is shared. A significant amount of sharing happens off the platform, as users download videos before resharing them on messaging apps that are often encrypted. The imprint is then, of course, disconnected from the content. This is a huge loophole; it could be the equivalent of attaching an offline political ad’s imprint using a paperclip. The first recipient would then clearly and inconspicuously remove it before showing anyone else. It is essential that the imprint be embedded so that it is always connected to the political advertisement. I urge the Government to close the loophole and make it clear that the video, image or online campaign materials must contain a clear imprint within the material, as is common practice with many political video advertisements in countries such as the United States.
These sensible and pragmatic amendments would close a loophole that we have seen in Scotland and stop the legislation being implemented for UK-wide elections with a glaring loophole in it.
Brendan O'Hara (Argyll and Bute) (SNP)
Very briefly, we will support the amendments. There is no doubt that as a Parliament and a country we are behind the curve and are playing catch-up with those who are experts in digital campaigning. What we do have in our armoury is the demand for transparency. That is all we asking for here: transparency on who is funding and who is the source of these digital political advertisements. That is essential.
We have concerns about what the Government mean by “reasonably practicable”. We need a higher threshold than that. I fear that it would be far too easy for people who are expert in such matters to get around that and to present a convincing argument to the laity on what is reasonable and practicable and what is not. The hon. Member for Lancaster and Fleetwood was right that we have an opportunity to get this right, or certainly to start to close that gap.
The Scottish Parliament elections showed that parties and campaigners largely understood the regulations and were able to comply with them. Anyone who followed those elections, particularly on Twitter, could not have failed to see every candidate changing their Twitter bio during the campaign to explain that. People understood it and people did it.
We have to be alive to the fact that there are people out there who are far more advanced in their technology and their understanding than we are. We should be closing every loophole available to them, to ensure that transparency is increased and that there is no way for them to come out. So we will support amendment 87 and 88.
Kemi Badenoch
The Government are opposed to amendments 87 and 88 because they seek to remove a much-needed element of flexibility in the digital imprint regime for campaigners. Under our proposals, an imprint must be included as part of the material being promoted. Only when it is not reasonably practicable to do so can the imprint be in an alternative location—one that must be directly accessible from the material.
We have looked at this issue closely. Clause 37 is not a loophole for campaigners to exploit, to avoid including an imprint in the material. Instead, it is a reasonable and practical provision that ensures that campaigners are able to comply with the requirement to include an imprint in digital material, regardless of the digital platform they are using. This is an essential provision that must be retained.
As Members will know from their own experience of campaigning online, there will be many instances where it is impractical to include an imprint within the material itself. For example, a text-based tweet on Twitter could constitute material that requires an imprint, but given the character limit, including an imprint would leave little room for anything else. That is why, under our provisions, where it is not reasonably practicable, a promoter could instead comply with the rules by including an imprint in a location directly accessible from the material. That could be done by including a hyperlink in the material or by placing the imprint in a user’s Twitter biography.
The Government are mindful that the digital imprint regime must strike the right balance between increasing transparency in digital campaigning and having a regime that is proportionate and enforceable. The Opposition’s amendments would undermine those efforts as they do not provide for any flexibility on the location of the imprint. That could have the unintended effect of incentivising campaigners to avoid certain digital platforms or mediums for a campaign, due to the unreasonable burden of doing so.
The hon. Member for Lancaster and Fleetwood said that there was another loophole in terms of material being republished that would not include the imprint. That is not the case. Clause 37 does cover republished material—I am not sure whether she has a different interpretation—and I will come on to republished material when we debate clause 37, when I will explain more fully how the clause does that.
Digital campaigning has become an integral part of campaigners’ efforts to communicate messages and ideas to voters. It must continue to be facilitated, while providing the electorate with increased transparency about who is promoting campaigning material online and on whose behalf. Our provisions do that. For all the reasons that I have outlined, the Government oppose the amendments
Cat Smith
I am slightly concerned that the Minister has not learned all the lessons from the Scottish parliamentary election. By moving to import what we know has not quite worked in Scotland and applying it to the whole of the United Kingdom, we are missing an opportunity to learn from other Parliaments and make better legislation in this place, so I will push the amendment to a vote.
Question put, That the amendment be made.
The Chair
With this it will be convenient to discuss the following:
Clauses 38 and 39 stand part.
Government amendment 2.
Clauses 40 to 43 stand part.
Government amendments 21 and 22.
That schedule 10 be the Tenth schedule to the Bill.
Clauses 44 to 46 stand part.
Government amendment 3.
Clauses 47 and 48 stand part.
That schedule 11 be the Eleventh schedule to the Bill.
Clauses 49 and 50 stand part.
Government amendments 4 to 6.
Clauses 51 to 56 stand part.
Kemi Badenoch
I will now continue to present the Government’s proposed new digital imprint regime and the various requirements pertaining to it, which are outlined in clauses 37 to 56. I will also discuss the Government amendments to the clauses as and when relevant.
There are two types of electronic material in scope of the regime—paid-for and unpaid, or organic, material. I will define paid-for—that is, the electronic material— first. Following last year’s public consultation, we have taken on board the consultation responses and expanded our initial proposals to go even further. To that end, clause 38 requires all paid-for electronic material in scope of the regime to include an imprint at all times and regardless of who has promoted it. This aims to capture the type of digital political advertising that currently poses the greatest risk due to its impact and reach: paid-for electronic material that allows individuals to spend significant amounts of money, without identifying themselves, to publish material with the aim of influencing voters.
Two conditions must be met for electronic material to be considered paid-for material in scope of the regime. The first is that material can reasonably be regarded as intended to achieve the purpose of influencing the public or any section of the public to give support to, or withhold support from, a registered party, a candidate or future candidate, an elected office holder, the holding of a referendum in the UK or any area in the UK, or a particular outcome of such a referendum. That is much wider in scope than the print regime, and rightly so. It reflects the realities of campaigning online, where content can be present all year round and is not restricted to specific electoral periods. The provisions have therefore been deliberately designed to capture a broader range of online campaigning material that is not solely linked to seeking to promote or procure electoral success at a particular election.
The second condition for paid-for material in scope of the regime is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published. Payment does not solely comprise monetary payments, and includes a person providing any other form of payment in return for the publication of the material, including benefits in kind. Broadly speaking, our proposal for paid-for material is thus intended to capture all paid-for digital political advertising.
I turn now to defining “other electronic material”—organic or unpaid material—that is also part of our regime. Applying the regime only to paid-for material would leave significant transparency gaps, given the vast amount of electronic material that is unpaid or organic, which could include posts on a social media platform. Under our regime, therefore, certain political entities will also be required to include an imprint on their other electronic material. By contrast with paid-for material, that is material for which there has been no payment for its advertising.
Our provisions outline the two conditions that a piece of electronic material must fulfil to be considered other electronic material in scope of the regime. The first condition is that, broadly speaking, the material must reasonably be regarded as material that promotes or procures electoral success at certain UK elections, or that promotes or procures the success or failure of a recall petition that wholly or mainly relates to referendums in the UK.
The second condition is that the promoter of the material, or the person on behalf of whom it is published, is one of the following political entities: a registered party, a recognised third party, a candidate or future candidate, an elected office holder, a referendum campaigner or a recall petition campaigner. I wish to emphasise that we have purposefully chosen to restrict the unpaid side of the digital imprint regime to the unpaid material of those specific political entities. That is to avoid stifling political debate and imposing on the general public a requirement to include an imprint where they are expressing their personal political opinion. Additionally, the proposal strikes the right balance between providing a high level of transparency to voters and not placing an undue burden on key political actors to include an imprint on every piece of material they promote.
As campaigners can also share negative campaigning material—for example, about other parties and candidates —material that prejudices the electoral prospects of other parties, candidates and future candidates will also require an imprint. That includes candidates or future candidates on a party list. The concept of future candidates is introduced in clause 28. Future candidates are individuals whose intention to stand as a candidate at a forthcoming election has been declared, but whose formal candidacy has not yet officially begun. That could be someone else declaring on an individual’s behalf, such as an agent or party, or an individual self-declaring as intending to run for elected office on their social media channel.
As candidates become formally recognised at an advanced stage in the electoral cycle, they are able to campaign long before they officially become a candidate. An imprints regime that includes only candidates risks creating a gap in transparency for voters, which is why we are extending the new regime to future candidates. The provisions for the unpaid material of specific entities complement those applying to anyone paying to promote electronic material, thus creating a broad regime that goes further than the print regime and reflects the reality of modern digital campaigning.
Our provisions set out what information must be included in the new digital imprints. The requirements apply to both paid-for and unpaid electronic material that falls within the scope of the regime. As hon. Members will know, having an active online presence is crucial for political parties and campaigners in order to connect with the public and get their message heard. However, voters do not always know who is promoting material online and on whose behalf. Therefore, it is important that the provisions provide certain requirements that an imprint must meet, to ensure that all imprints provide the necessary level of transparency for the public. First, an imprint must be included as part of the material. Only when it is not reasonably practicable to do so can the imprint be in a location that is directly accessible from the material—for example, a hyperlink within the material or placed in a biography—when limited to a certain number of characters, such as in a tweet.
Secondly, the imprint must also be legible or audible and retained as part of the material when republished, if not altered by the person republishing, which I hope addresses the concerns expressed by the hon. Member for Lancaster and Fleetwood. That is required to accommodate the design of various digital platforms and ensure that an imprint is accessible to voters, regardless of the platform on which the material is accessed. To ensure maximum transparency and effective enforcement, our provisions state that the imprint must contain the name and address of the promoter of the material, and the name and address of any person on behalf of whom the material is being published but who is not the promoter.
We must ensure that the digital imprints regime is capable of adapting to the fast-moving world of digital campaigning and technological advances. Therefore, the measures also provide for the information that is required to be included in the imprint to be modified, if necessary, using a regulation-making power.
The regime aims to strike the right balance between providing a greater level of transparency to voters while ensuring that the imprint requirements are proportionate and enforceable. To that end, generally the republishing or sharing of electronic material by another person will not require a new imprint, because the original imprint should be retained in the material. A new imprint may be required, however, if the material has been materially altered since it was previously published.
I wish to emphasise that we are not in any way attempting to regulate the press and other media through this regime. The regime should not act as a practical barrier to journalists by requiring them to include an imprint when they publish material of a political nature. The provisions therefore provide an exemption for material published for journalistic purposes—which is to say, electronic material the primary purpose of which is the publication of journalism—unless the material consists of an advertisement. Party political broadcasts or referendum campaign broadcasts are also exempt as both are already subject to regulation outside of the regime.
Breaching the digital imprint rules will be a criminal offence. That means that if electronic material in scope of the regime is published without an imprint or with an incorrect imprint, the promoter of the material and any person on behalf of whom the material is being published becomes liable for a criminal offence.
The Bill outlines a number of defences, which includes the defence that the contravention arose from circumstances beyond the person’s control. Furthermore, it is a defence that the person took all reasonable steps and exercised all due diligence to ensure that the contravention would not arise. It will also be a defence for anyone charged with an offence to prove that they acted in accordance with the statutory guidance, which I shall turn to in detail in a moment.
To ensure consistency with wider electoral law, we will maintain for the digital imprints regime the division of responsibilities between the police and the Electoral Commission that exists for the print regime. As a result, the clauses provide for the Electoral Commission’s investigatory powers to apply to the digital imprints regime. That will enable the commission to investigate possible digital imprint offences effectively, as it does with the print regime. The police already have the necessary investigatory powers.
We will also give the Electoral Commission the ability to impose civil sanctions in respect of certain offences and only for material related to political parties and referendums. The police will be responsible for material concerning candidates, future candidates and holders of elected office. As with the print regime, the Electoral Commission will be able to refer any criminal offences to the police, if required.
A person guilty of that offence will be liable to a potentially unlimited fine on summary conviction in England and Wales. On summary conviction in Scotland or Northern Ireland, the fine will not exceed level 5 on the standard scale and would therefore not be unlimited.
In specific circumstances outlined in schedule 10, a candidate or their election agent may be guilty of an illegal practice for breaching the requirements when promoting electronic material without an imprint. That is consistent with the existing approach for printed material. That being said, evidence from the print regime suggests that the police and Electoral Commission already enforce imprint offences proportionately and effectively and that campaigners overall demonstrate high levels of compliance with the rules. We believe the existing enforcement approach will work equally well for the digital regime.
Material in which the imprint is incorrect or missing should not be able to remain online and influence the views of voters without providing them with the required level of transparency. Therefore, it is imperative that as part of our regime infringing material can be taken down. The clauses provide for access to material that contains an incorrect imprint or no imprint at all to be disabled or to be taken down from the digital platforms hosting the material, such as social media companies.
Notices to take down—orders to take down, when issued by the courts—can be sent by electronic means, or by post, allowing platforms to address the requests quickly. To ensure that due process is followed, the notices or orders may only be issued by the Electoral Commission or the courts once they have determined that material is in breach of the rules. The take-down notice must include the grounds for serving the notice, the consequences of non-compliance and the rights of appeal. No such provisions are required for court orders. It will be a criminal offence for any person who receives a take-down notice or order, such as a digital platform, to fail to comply with the notice or order without a reasonable excuse. It is important that digital platforms are aware of the consequences if they fail to comply with a notice.
Patrick Grady (Glasgow North) (SNP)
I beg to move amendment 93, in clause 57, page 60, line 8, at end insert—
“(1A) Before making regulations under subsection (1) the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland.”.
This amendment ensures that the Secretary of State must consult with the Devolved Administrations before making regulations under clause 57.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Clauses 58 to 62 stand part.
Patrick Grady
This is another technical amendment based on proposals that were submitted by the Law Society of Scotland in its written evidence to the Committee, which I know that Government Members have paid deep attention to.
The clause is relatively technical, providing the Government with powers to make amendments to references to subordinate legislation—it goes right down the rabbit hole of the sweeping powers of secondary legislation that the Government are increasingly taking for themselves. Even though this is a relatively technical part of that process, it speaks to the broader principle, particularly as it includes power to amend certain legislation made by the devolved Assemblies.
As Ministers take those powers, it is not unreasonable for us to ask that they be given a duty to consult the relevant Ministers in the relevant devolved institutions, which is what the amendment seeks to do. We requested consent in a previous amendment, which was rebuffed, but surely, in the spirit of co-operation and consensus, the Minister will agree to a formal consultation process. Everybody recognises there is a certain role for statutory instruments and secondary legislation—they are used by the devolved Governments in Scotland, Wales and Northern Ireland—but we have spoken several times in the Committee of the need to enhance scrutiny procedures and to improve the ability of Members of legislatures of all kinds to interact with them.
I hope the Minister will accept the amendment, but if she rejects it, as I suspect she will, I hope she will at least give some reassurances about the ongoing commitment to non-statutory consultation with Scottish Government Ministers and reflect on what these measures mean overall for the devolution settlement. The Government increasingly, at will, just take powers through this kind of clause—powers that until recently had been a more formal part of the devolution settlement and had been subject to more formal or informal consents.
Kemi Badenoch
The clauses in part 7 make general and miscellaneous provisions. Clause 57 provides for a power to allow amendments to the Bill, or any provisions amended by the Bill in other Acts, where references to secondary legislation become out of date in future. This is a necessary power that would allow, for example, a reference to a statutory instrument that is replaced to be updated to refer instead to the new statutory instrument, to ensure the provisions of the Bill remain workable when such changes occur.
The amendment proposed by the hon. Members for Glasgow North, and for Argyll and Bute, would require the Secretary of State to consult with the devolved Administrations before making regulations under clause 57. The hon. Member for Glasgow North asked for reassurance. This Government are committed to working constructively with the devolved Administrations to ensure that elections work well in the best interests of voters. He will have heard the Secretary of State, who is also Minister for intergovernmental relations, speaking at oral questions yesterday. He works very well with his counterparts in the devolved Administrations, and we should not pretend that things are otherwise in the House of Commons. We will of course liaise with the relevant devolved Administrations over any updating needed due to changes in their secondary legislation, which I think will satisfy the hon. Gentleman’s requirements.
The amendment is overly prescriptive. Some of the updating will relate only to reserved legislation, and some might relate to the secondary legislation of only one of the devolved Administrations, yet the amendment would require a statutory consultation with all of the devolved Administrations each time the power is exercised. That would not be proportionate. I invite the hon. Members to withdraw the amendment.
Clause 58 contains standard financial provisions. It explains that Parliament will pay for any costs that a Minister of the Crown incurs as a result of this Bill, and for any increased costs incurred under existing Acts of Parliament if they arise as a result of the Bill. It also provides that where the Bill increases sums already payable out of the Consolidated Fund under existing legislation, the increases will also be paid out of that fund, and then does the same for increases of sums payable into the fund.
Clause 59 defines a small number of terms used throughout the Bill. It also ensures that where the Bill creates or amends functions of the Secretary of State by amending other electoral legislation, those functions of the Secretary of State will be exercisable concurrently with the Minister for the Cabinet Office.
Clause 60 sets out the territorial extent of the Bill, namely the jurisdictions in which each provision of the Bill forms part of the law. Clause 61 sets out, as is common, that the provisions of the Bill will be brought into force using one or more statutory instruments. Those statutory instruments may bring different parts of the Bill into force on different days. Finally, Clause 62 cites the short title of the Bill—the Elections Bill 2021. These are all technical and necessary provisions and therefore I urge the Committee to allow the clauses to stand part of the Bill.
Patrick Grady
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 57 ordered to stand part of the Bill.
Clauses 58 and 59 ordered to stand part of the Bill.
Clause 60
Extent
Amendment made: 7, in clause 60, page 61, line 36, leave out paragraphs (a) and (b) and insert—
“(a) the amendments made by paragraph 1(1) and (5) extend to England and Wales only;
(b) the amendments made by paragraph 1(2) to (4) and (7) to (12) extend to England and Wales and Northern Ireland only;” —(Kemi Badenoch.)
This amendment is consequential on Amendment 8.
Clause 60, as amended, ordered to stand part of the Bill.
Clauses 61 and 62 ordered to stand part of the Bill.
New Clause 1
Simple majority system to be used in elections for certain offices
‘Elections for Mayor of London
(1) The Greater London Authority Act 1999 is amended in accordance with subsections (2) to (5).
(2) In section 4 (voting at ordinary elections)—
(a) in subsection (1)(a), omit “(referred to in this Part as a mayoral vote)”;
(b) in subsection (2), omit “, unless there are three or more candidates”;
(c) omit subsection (3).
(3) In section 16 (filling a vacancy)—
(a) in subsection (3), for “a mayoral vote” substitute “one vote which may be given for a candidate to be the Mayor”;
(b) for subsection (4) substitute—
“(4) Section 4(2) (simple majority system) applies in relation to the election as it applies in relation to the election of the Mayor at an ordinary election.”
(4) In section 29 (interpretation of Part 1), omit the definition of “mayoral vote”.
(5) In Schedule 2 (voting at elections), omit Part 1.
(6) In section 165 of RPA 1983 (avoidance of election for employing corrupt agent), omit subsection (4).
Elections for elected mayors of local authorities in England
(7) The Local Government Act 2000 is amended as follows.
(8) In section 9HC (voting at elections of elected mayors)—
(a) for subsection (1) substitute—
“(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have one vote which may be given for a candidate to be the elected mayor.”;
(b) in subsection (2), omit “, unless there are three or more candidates”;
(c) omit subsection (3).
(9) In section 9HD (entitlement to vote), in subsection (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
(10) In section 9R (interpretation of Part 1A), in subsection (1), omit the definitions of “first preference vote” and “second preference vote”.
(11) In Schedule 2 (election of elected mayor), in paragraph 1, after “authority” insert “in Wales”.
Elections for mayors of combined authority areas
(12) Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 (mayors for combined authority areas: further provision about elections) is amended as follows.
(13) In paragraph 4 (voting at elections of mayors)—
(a) for sub-paragraph (1) substitute—
“(1) Each person entitled to vote as an elector at an election for the return of a mayor is to have one vote which may be given for a candidate to be the mayor.”;
(b) in sub-paragraph (2), omit “, unless there are three or more candidates”;
(c) omit sub-paragraph (3).
(14) Omit paragraph 5.
(15) In paragraph 6 (entitlement to vote), in sub-paragraph (2), for “first preference vote, or more than one second preference vote,” substitute “vote”.
Elections for police and crime commissioners
(16) The Police Reform and Social Responsibility Act 2011 is amended as follows.
(17) In section 57 (voting at elections of police and crime commissioners)—
(a) in subsection (2), omit “, unless there are three or more candidates”;
(b) omit subsections (3) to (5).
(18) Omit Schedule 9.’ —(Kemi Badenoch.)
This new clause makes provision for the simple majority system to be used in elections for the Mayor of London, mayors of local authorities in England, mayors of combined authority areas and police and crime commissioners.
Brought up, and read the First time.
Kemi Badenoch
These amendments move elections for police and crime commissioners in England and Wales, the Mayor of London, combined authority Mayors and local authority Mayors to the simple majority voting system, more commonly known as first past the post. The new clause amends legislation that provides for the supplementary vote system to apply when there are three or more candidates in an election or by-election for each of these posts. Under the new provision, each voter has one vote and the candidate with the most votes will be elected. Amendment 59 is consequential on that provision and modifies the long title of the Bill to include provision about the use of the first-past-the-post system in elections for certain offices.
The Government’s manifesto committed to supporting the first-past-the-post system. That reflects the will of the British people in the nationwide 2011 referendum, which saw two thirds of voters in favour of retaining first past the post for parliamentary elections.
Kemi Badenoch
All I can say is that that would have been a question for my predecessor. These discussions happened before I came into post. I know that this was a Government manifesto commitment, and I see no reason why, if there is a convenient Bill to allow us to fulfil a manifesto commitment, we cannot use it as a vehicle for doing so.
The Government’s manifesto committed to supporting the first-past-the-post system, as I have said, and my right hon. Friend the Home Secretary announced in March the initial recommendations of the review of police and crime commissioners. It recommended that the Government introduce legislation to change the voting system for all combined authority Mayors, the Mayor of London and police and crime commissioners to first past the post when parliamentary time allowed. The Home Secretary’s review of police and crime commissioners also extended to Mayors who can exercise PCC powers, to metro Mayors and to the Mayor of London. Changing the voting system for local authority Mayors, too, to first past the post will ensure consistency in voting method for all directly elected Mayors in England. This undertaking aligns with our belief that the first-past-the-post system is robust and secure and provides strong local accountability.
Kemi Badenoch
I believe it was a coalition Government who introduced PCCs, not a purely Conservative Government. We have had PCCs for 10 years now and there has been plenty of time to review the system and decide whether improvements can be made. There are many things that previous Labour and Conservative Governments have done that future Governments will change, and this is one of them.
Changing the voting system will ensure consistency, and this undertaking aligns with our belief that first past the post is robust and secure and provides strong local accountability. Moving to first past the post will make it easier for the public to express a clear preference. Additionally, as a simple, well-understood and trusted system, it will reduce complexity for voters and administrators alike.
On Monday 20 September, the House approved a motion to instruct this Committee to make provision in the Bill for the use of the simple majority voting system in elections for the return of the Mayor of London; an elected Mayor of a local authority in England; a Mayor of a combined authority area; or a police and crime commissioner. The House’s approval has enabled the Government to bring forward this new clause, and I therefore commend it to the Committee.
Cat Smith
I must say that I was very surprised when we received an instruction motion. To be honest, I had not seen one before during my time in this House, and I did not realise that the Government had been so disorganised that they had forgotten to put one of their manifesto commitments in the Bill, but by all accounts, that is exactly what has happened. It is not only chaotic, but deeply disrespectful to the House.
Our colleagues who do not have the privilege and joy of serving on this Committee got to debate the Bill on Second Reading, when we had no idea that this new clause would be included. Although we are able to debate this new clause, our colleagues were not able to raise concerns about it on Second Reading. It is disrespectful to our colleagues that they have not yet had the opportunity to raise concerns about this clause, but it is also disrespectful to this Committee. When, through the usual channels, we decided which witnesses should give evidence to the Committee, we did not know that a new clause was going to be tabled that would massively shake up the way in which many elections take place in England and Wales. We were not able to get witnesses who were experts in voting systems before the Committee, so that we had the opportunity to quiz them—to ask questions and explore whether the first-past-the-post system is as desirable as the Minister seems to think. We did not have the opportunity to explore how successful, or perhaps otherwise, the supplementary vote system has been in mayoral elections in England, or in police and crime commissioner elections in England and Wales. None of that was allowed for, which is disrespectful to this House, this Committee, and our colleagues who did not have the opportunity on Second Reading to ask questions and scrutinise the Government.
Moving beyond the incredibly disrespectful way in which new clause 1 has been tabled and turning to its specifics, I ask the Minister what consultation she or her predecessor have had with Mayors about whether this was a change they were seeking. Having spoken to many elected Mayors over the past few weeks, it strikes me that they did not know that this was coming, and it has come as something of a surprise. There was no clamour for it from their offices, and they are deeply hurt that the Minister has not reached out to them to consult with them on this new clause.
Specifically looking at London—I admit that I have had to swot up a fair bit on this issue, because I am not a London MP—in 1998, in the Greater London Authority referendum, Londoners were asked whether they wanted to have a Mayor and an assembly, and it was clear that that Mayor would be elected using a supplementary vote system. Londoners agreed, by a majority of 72.01%, that this was something that they wanted. Is this Committee going to overturn a democratic referendum—the democratic will of the people, we might say; in this case, the people of London—to change the voting system?
Last time we had a debate about changing the voting system in this country, the alternative vote referendum that everyone has clearly long since forgotten about, that question was put to the people, because this is a really major change. For us to be changing the voting system used in elections in this country not by referendum, not even by putting it in the Bill and debating it on Second Reading, but by slipping it in in Committee, is absolutely shocking and appalling. It is one of the lowest points of this Bill; as I have said at earlier stages, there are plenty of other things in this Bill that I disagree with, but I am deeply offended by the way in which the Government have gone about this. It is disrespectful, and it is riding roughshod over democracy.
Specifically in the case of the London referendum, every single London borough voted to elect their Mayor using a supplementary vote system. Who is this Committee—many of us are not even London MPs—to say to those people, “You voted in that referendum for that, but we are taking it away from you”? I had a little look at the breakdowns for different boroughs, because I was surprised when I saw that every London borough had voted for it—this is a diverse city—but in the lowest supporting areas, Havering and Bromley, it was still 60% and 57% voting in favour of that system, with the highest support being in Lambeth and Haringey, which had 81% and 83% respectively.
Aaron Bell
Of course, the voters in all those boroughs were voting in favour of the principle of a Mayor and an assembly and not specifically the voting system employed. But may I put a question to the hon. Lady? At the last London Mayor election, almost 5% of voters in London saw their votes essentially not count, because of the confusion that the system engendered. That is why the Government are proposing the change.
Cat Smith
I have completely forgotten the hon. Gentleman’s first point, but on the second, there were a lot of spoilt ballots in London this time and that was because the ballot paper was designed with two columns, rather than one column, for the first time. I have to be honest: I have seen the ballot paper, which was shared on social media, and it was shocking. It should never have been allowed to go to print. [Interruption.] It is amazing that it got past any level of scrutiny. There is probably a lesson to be learned about how we legislate and how we make sure that checks and safeguards are in place to ensure that voters are not disenfranchised, because I do not think—
The Chair
Order. Hon. Members should know by now that if they want to contribute, they can intervene or speak in the main part of the debate.
Cat Smith
Thank you, Mr Pritchard.
For more than 20 years, Londoners have been using the supplementary vote system to elect their Mayor without major incident. There were some issues with spoilt ballot papers at the last election—I concede that—but I think that it was very clearly because of the design of the ballot paper, as we did not see that in previous elections. Clearly, the ballot paper needs to be better designed.
I will raise again with the Minister the point about police and crime commissioner elections, which take place in England and Wales. It was a Conservative-led Government—she wishes to push her Liberal Democrat colleagues under the bus for the coalition, which is a pattern of behaviour that we have seen a fair bit—who chose the supplementary vote system for those elections, because there was a consensus, which new clause 1 is shattering, on a supplementary vote system. It is not proportional representation. It is not a radical change to the electoral system. But it is a fairer way of voters casting their vote, and I think there was a general consensus about that, which is why we saw it introduced for regional Mayors in England and police and crime commissioner elections—many of these under a Conservative Government, of course. It is why, since the year 2000, that system has been used pretty much consistently when bringing in new elections. I have counted them up: there have been 212 elections using the supplementary vote system in England and Wales since the turn of the millennium, and I think that voters are confident in using it now.
The only election that is not first past the post in my constituency in Lancashire is the election for police and crime commissioner, which uses the supplementary vote. The feedback I always get from my constituents is about how nice it is, in their words, “to be able to vote for the person who is my favourite candidate really, but then to have my vote count in relation to the people that we know the contest is actually between.” That is because the electorate are of course an intelligent electorate. People know whether their preferred candidate is likely to be in the final run-off of two, and they vote accordingly.
Aaron Bell
I thank the shadow Minister for giving way again. I am listening to what she is saying, and she may be interested to learn—in fact, both Opposition parties may be interested to learn—that in 2011 I actually voted for the alternative vote system, which makes me rather unusual on the Conservative side. In 2011, however, the country quite firmly did not vote for AV, and did not believe in the principle that people’s second votes should essentially count the same as their first votes. That is what the supplementary vote system means. SV is, in my opinion, far worse than AV, but I, on this side of the House, respect referendum results. I think both Opposition parties should do the same thing.
Cat Smith
I agree with the hon. Gentleman: we absolutely should respect a referendum result. That is why I am surprised to see those on the Government Benches riding roughshod over the 1998 Greater London Authority referendum, in which it was very clear that the supplementary vote system for Mayor of London was what people wanted—by a huge majority. I do believe in respecting referendum results, and I respect the referendum results that he referred to. I voted against AV, so we were on different sides in that argument. I personally think that there are far better voting systems than AV, but this is not a debate about different voting systems. I think it is about riding roughshod over the democratic will of Londoners in 1998 by pushing through in Committee something that has not had the scrutiny of the full House. The way in which the Government have gone about this, whereby we have not been able to take evidence as a Committee and truly scrutinise the measure, is shocking. I know fine well that Government Members will just all vote for this anyway, but I ask them to look at their consciences on this new clause, because it is overturning the democratic will of the people of London.
The voting system has been working fine. I have to question why it is a Government priority suddenly to change it. The cynical part of me, and I am not normally a cynical person, would suggest that the Government feel that they cannot win an election under a supplementary vote system and perhaps think they have a better chance under first past the post. Perhaps it is a case of “If you can’t win the game, move the goalposts,” because it looks an awful lot like that.
Patrick Grady
I am unsure why Government Back Benchers are not rising in defence of their Minister on the implementation of this crucial manifesto promise. The Minister could not quite explain why it was not in the Bill when it was presented on Second Reading. Trying to blame a predecessor is an interesting approach, not least because the other Minister who spoke on the Bill in the House when the instruction motion was moved, the right hon. Member for Tamworth (Christopher Pincher), said that the Government “speak with one voice”, so we would expect them all to understand exactly what the lines are.
Some of the earlier clauses related to local elections that are devolved, so it is not necessarily the place of the Scottish National party to get desperately involved in this debate, or to tell Members of Parliament in England what decisions they should or should not make, but it might be useful to offer at least some reflection on the effect of the clause, not least on the devolution settlement across the United Kingdom. The Prime Minister said that he is a champion of the devolution settlement, and when he forced through the United Kingdom Internal Market Act 2020 and other aspects of Brexit legislation without the consent of the devolved legislatures much of that was on the grounds of his experience as Mayor of London, and that being Mayor of London was somehow equivalent to the entire institutional structure of the individual devolved legislatures.
What those institutions have in common is that they are elected on a proportional basis. At the moment, the Mayor of London has to win a supplementary ballot. Every Mayor has had to go into a second round to be chosen. The First Minister of Scotland, Wales or Northern Ireland, has to command a majority across the legislature. That normally adds up to something very close to a majority of the votes that were cast in the election. I think I am right in saying that almost every First Minister in Scotland, except obviously in the majority Government, has required support from another party, or at the very least abstentions, in order to get elected.
In Scotland, our local authorities for several elections have been elected by single transferable vote. The effect of that is that the voices of all voters are heard. There is a ward in my constituency of Glasgow North, Partick East/Kelvindale, which was represented by four different parties—the Scottish National party, a Labour party councillor, a Conservative councillor and a Green party councillor. That meant that voters had a very wide choice of who they wanted to speak to. The distribution of votes was reflected proportionally, and people had someone they could go to whom they could trust—but voters in England, it seems, will not.
Patrick Grady
We have only to look at the results of the elections to this place—this is perhaps not the clause specifically to debate that—to see how well the Conservatives fare. When we SNP MPs were elected in large numbers in 2015, our parliamentary group leader at the time made the point that it did not reflect the result proportionally, but perhaps we are straying slightly. I want to come back to the election of the Mayor of London, and the results of first-past-the-post elections.
Perhaps Conservative Members—I look forward to hearing from them when they rise to speak in support of the Government—are quite comfortable with the idea that Ken Livingstone was elected on the first ballot with 39% of the vote in 2000, and with 36.8% of the vote in 2004. That is the mandate for someone to be the Mayor of a major European metropolitan city, which the Prime Minister himself has claimed is a kind of equivalent to the entire Scottish Parliament and the devolved Scottish Government. That is the equivalence that he has made between his role as Mayor of London and the entire devolution settlement in Scotland. It seems that Government Members are quite content with the possibility of someone being elected to that position on about 35% of the vote.
Aaron Bell
I was about to say that I was happy to see the hon. Gentleman returned to Parliament for Glasgow North in 2017 on 37.6% of the vote.
Patrick Grady
To be fair, I have already made that point. I am very happy to submit myself to the electorate under any proportional system that the Government want to introduce. The hon. Gentleman can be sure of the SNP’s support for a Bill introducing such a system; we have said that many times in this House.
The experience of preferential voting in Scotland is that results can change, and that has not always been to the SNP’s advantage. In fact, owing to the nature of Scottish politics at the moment, there is a clear trend with transfers. Where the SNP is a voter’s first preference, they cast their vote for that party. That is the very clear trend. In fact, in the ward that I mentioned, the SNP won the vote in the recent by-election, under first past the post; we got the most votes. We had an excellent candidate in Abdul Bostani. He got the most first preferences, but because of transfers, he lost out, so that ward is now represented by two Labour councillors, one Green councillor and one SNP councillor. It was a Conservative vacancy, incidentally; I say that for anyone who has not turned up to enough of the Committee sittings. That proves my point on the issue on which the hon. Member for Newcastle-under-Lyme was trying to catch me out. It proves the value of preferential voting systems.
Ultimately, it is for England’s Members to make a determination about what electoral system is used by their local authorities, but Government Members have to think very carefully about the consequences of this.
Brendan O'Hara
Does my hon. Friend agree that any lingering doubt that any of us may have had about the Government’s motivation in introducing the Bill is done away with by the parachuting in of this new clause? It is utterly self-serving, completely politically partisan and fundamentally undemocratic. Furthermore, does he agree that we and our colleagues should get out of here as quickly as possible, because Scotland needs to escape this nonsense?
Patrick Grady
If by “here”, my hon. Friend means the Union, yes, I entirely agree; if he means this Committee Room, I am afraid I do not agree, because I know how desperate Sir Edward is to chair our final sittings next Wednesday, so it is important that the Committee takes as long as it can to consider every one of these new clauses in great detail. I therefore look forward to all the speeches from the Conservative Back-Bench members of the Committee, who will now rise in defence of this major constitutional change that the Government want to bring forward. When they do, I urge them to reflect on the growing divergence that we have spoken about. This is not a levelling up or a coming together, but a growing apart of the constituent parts of the country, which have pretty fundamentally different perspectives on how democracy is, and should be, done. Although it is not for SNP Members to tell Members from England how their local elections should be determined and run, they ought to think about the issue carefully before they cast their vote.
Kemi Badenoch
I want to respond to a few points made by Opposition Members. On engagement, the policy was announced back in March. It is just that it was not a Cabinet Office policy; it was a policy from the Home Office and the Ministry for Housing, Communities and Local Government, as it was known then. I am informed by officials that there was engagement with Mayors, but the hon. Member for Lancaster and Fleetwood may not have been aware of it.
The point about the procedure being disrespectful to the House is nonsense. The House voted for the procedure. It is also wrong to say that people have not had a chance to debate it if they are not on the Committee. I am sure that the Chair will correct me if I am wrong, but anyone not on the Committee who wants to take part in its debates can do so; they just do not have voting powers. No one not on the Committee has turned up today. That means that they did not want to debate this. If they did, they could have done so, just as we all have.
The hon. Lady made multiple references to the London mayoral and London Assembly elections. She is probably not aware that I was elected to the London Assembly in 2012, when I was a list candidate, and in 2016. She says that this is not something that people want. People repeatedly complained about how frustrating the system was. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. Going back to 1998, when a 2011 referendum occurred, is to ignore more recent evidence. To say that 23 years after the 1998 referendum, which was not specifically on the voting style but really about whether or not to have a Mayor, is a very specious argument. I do not accept it at all.
I also found it mildly amusing to hear the hon. Lady say that the Committee needs experts to explain how first past the post works in relation to other voting systems. All of us here know how first past the post works, and also how the other systems work. I am not sure we can reasonably say we need so much expert advice on the way we are all elected.
Finally, the hon. Lady says that this is undemocratic, and I believe one of the SNP Members said that this was for political reasons. The fact is that in London mayoral elections, to which they are referring, no election would have had a different result, irrespective of whether it was first past the post or transferable voting. This is making things simpler and easier to understand for people who have complained.
Brendan O'Hara
To correct the record, I said that it is utterly self-serving, and completely politically partisan, and fundamentally undemocratic.
Kemi Badenoch
And I still reject the hon. Gentleman’s point. The fact is that we have a Labour Mayor at the moment; we have had more Labour Mayors than Conservative Mayors; and first past the post gives accountability and strength to the people who are elected.
Cat Smith
The Minister is absolutely correct about the London Mayors, and that first past the post would not have changed the results of any London mayoral elections. Is she aware of any mayoral posts currently held in England where the result would have been different using first past the post? Could she perhaps give an example of some of those?
Kemi Badenoch
No. I do not have a list of the mayoral elections that would be different, because the point is that we are not doing this for political reasons; we are doing it to simplify the system.
Kemi Badenoch
I will finish this point, because I know we want to finish this this afternoon. This was a manifesto commitment; people voted in the 2019 election knowing that this was in our manifesto. What would be undemocratic would be if we did not do this. That is why I urge Members to support the new clause.
Cat Smith
I will just let the Minister know the answer to my question, which is, of course, that there are some mayoral elections in England that would have been different if they had been held under first past the post. From the ones that I have seen, that would be because the Conservatives would have won under first past the post, while under the supplementary vote, they did not. I just thought I would help the Minister by pointing out that her amendment does very much help the Conservative party.
The Chair
Before I put the question, on a procedural point just for information, Members not on the Committee can attend this Bill Committee, but must sit in the Gallery. They cannot sit with Committee members, or indeed speak or vote. On delegated legislation, they can contribute from the floor, but not vote. Just to ensure that Members do not think I have come out as some sort of procedural genius like the right hon. Member for North East Somerset (Mr Rees-Mogg), that was on advice from the Clerk. It is always good to take advice. It would not be credible if it was from me, I know.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Citizens’ assembly on electoral systems
“(1) The Secretary of State must establish a citizens’ assembly representative of the population aged 16 and over to consider electoral systems in the United Kingdom.
(2) The Secretary of State must, for each category of election reformed by section (Simple majority system to be used in elections for certain offices), provide to the assembly a report assessing the effects of the reforms on the matters in subsection (3).
(3) The matters are—
(a) voter engagement and understanding,
(b) electoral integrity,
(c) fairness and proportionality.
(4) A report under subsection (2) must be provided to the assembly no later than three months after the first election in each category of election after this section comes into force.
(5) The assembly must—
(a) consider the reports under subsection (2),
(b) consider other evidence relating to the matters in subsection (3).
(6) The assembly may make recommendations for legislative or policy change, including for parliamentary elections.”—(Patrick Grady.)
Brought up, and read the First time.
Patrick Grady
I beg to move, That the clause be read a Second time.
The introduction of new clause 1, and indeed amendment 59, fundamentally changed the scope and nature of this Bill. We made that point at the debate on the instruction given to this Committee. It is no longer just an Elections Bill tidying up vague aspects of electoral law; it is starting to make fundamental changes to the constitution of the United Kingdom. This is an elections Bill in the wider sense, so it is right that we should consider the various new clauses that flow from that as a consequence.
New clause 2 is quite appropriately placed because, throughout this process, we have heard about the kind of piecemeal and incremental changes that have been made to electoral law and election systems. This Bill is yet another example of that, with all the different little bits and pieces that it is doing. The new clause provides a chance to step back and to look at the effects of those changes, in particular those to the electoral system that have just been agreed by the Committee, with consequences across the United Kingdom—therefore, in the context of elections to this place.
Cat Smith
I thank the hon. Gentleman for tabling the new clause and for his contribution so far. I read the new clause with interest. From the direction of his speech, I think he is arguing that a citizens assembly would be a far more consensual way of coming to a resolution on a binary choice. I wondered whether it was something that his colleagues in the Scottish Government are considering for another issue that polarises the population—rather than a referendum, perhaps a citizens assembly.
Patrick Grady
The hon. Lady was one of the few people in Committee who was paying attention to what I was saying earlier: the Scottish Government have used citizens assemblies not specifically on the matter of the constitution, but to test the views of the population and to help determine opinion and come to conclusions about policy development on both social justice and climate change.
Someone might want to argue that 2014 was polarising because it was a binary choice, yes or no, but I do not think that anyone could argue that it was anything other than a massive exercise in popular democracy. That referendum had the highest turnout until possibly the Scottish Parliament election we have just had—massive participation. That legacy continues to this day with political engagement. I encourage the hon. Lady to think about supporting my new clause.
As I said in one of the previous debates, the SNP supports the introduction of a far more proportionate system for this House. I referred to Angus Robertson, whose first contribution after the 2015 election was to recognise that the result was very disproportionate to what the result should have been. Incidentally, the 2017 result was probably more proportionate than that of 2015 in terms of how people had voted, and we would have been quite happy to have had 35 seats and been the third party in the House of Commons at that time, just as we have been happy with the results in both 2017 and 2019, which have represented overwhelming endorsements for the SNP manifesto and our commitment to allow people the right to choose Scotland’s future, but that is to stray from the point slightly.
The reality is that there is now a proliferation of electoral systems across the United Kingdom. People voting in mayoral elections and choosing police and crime commissioners are just about to experience yet another change—not to the status quo or something that existed before, because they never voted for them using FPP, but they will do so under the new clause. It is therefore appropriate to implement what is suggested in the new clause, and to take a step back in order to look at the implications of the Bill as a whole, particularly in the context of elections to this House. There is growing demand for that—it is not just an idea that we have had. There are a number of campaign groups, and a number of constituents have contacted me, my hon. Friend the Member for Argyll and Bute, and probably other members of the Committee, as well as Members across the House, to say that the time is upon us to revisit this question. A citizens assembly provides the most effective mechanism for doing that in a modern democracy. I look forward to the Minister opposing all this.
Cat Smith
I had not planned to speak, but I think this is a good new clause. I do not know what electoral systems a citizens’ assembly would decide on, but I do know that we in this House do not have a monopoly on wisdom. We are 650 Members legislating in the House of Commons, and our unelected colleagues down the corridor in the House of Lords also legislate. There is also a broader case to be made about how our democracy works, given how fragmented and disparate it is increasingly becoming. A citizens’ assembly could actually give the Government even more of what they do not know they want yet, because the public do have wisdom. Bringing together a group of citizens who are representative of the country and allowing them to explore ideas and make decisions would add value to our deliberations in this place.
I draw the Minister’s attention to a citizens’ assembly or convention currently being co-ordinated by University College London, which is looking at many of these issues. Certainly since I was elected to the House, politics has increasingly felt quite divided. Are people leavers or remainers? Do people in Scotland want to remain part of the Union or do they want an independent country? All these things are dividing our population and create a lot of tension. We see it in the language used in political dialogue—I implore colleagues to be more thoughtful and kind in the language they use, and I hold myself to that standard as well. Surely a citizens’ assembly would be a new way to look at things and an opportunity to discover that we have more in common than what perhaps divides us.
Jerome Mayhew (Broadland) (Con)
I have to say that I have become a bit of a convert to citizens’ assemblies on complex issues such as climate change. We sit in the greatest citizens’ assembly, but is there not a difference between a set of complex issues around climate change and the effect of policy responses to that, where bringing the populace on the journey is as important as the policies themselves, and something such as electoral reform, where the policies are well known and quite discrete and it is a matter for this House to decide which one is the best to apply?
Cat Smith
It will always be a matter for this House to decide. A citizens’ assembly cannot change the law; only we parliamentarians can do that. A citizens’ assembly could put interesting proposals to the House, and it might throw up proposals that it had not even crossed our minds that the public might want.
I am glad the hon. Gentleman raised the example of climate change. Lancaster City Council has pulled together a citizens’ assembly on climate change and finding ways in which we, as a city, can be greener. The assembly has come up with proposals that were not in any party’s manifesto at local elections. Those things came forward from the public, who were given that space and opportunity to speak to experts and develop their own ideas. If we take that one small example of looking at climate change in a city in north Lancashire and apply it to a UK-wide citizens’ assembly looking at electoral systems and integrity, as it says in the new clause, the opportunities are far greater. In my time in this Front Bench role, which I have held since 2016, it has struck me that there is an awful lot of talk about electoral systems and democracy in this place, but we do not hear enough from the public. A citizens’ assembly would be a fantastic way of ensuring that the decisions we make can be inspired and influenced by people in this country—our electors.
Parliament is not a citizens’ assembly. We choose to put ourselves forward for elected office. I dare say that the kind of people who put themselves forward for electoral office are not all totally like the rest of the country. Many of the people who elect us look at the job we do and question why we do it. I can say, hand on heart, that both my younger sisters have said to me, “Cat, I have no idea why you do that job.” Being a full-time elected parliamentarian is a completely different experience from being a citizen on a citizens’ assembly, and I do not think we should equate the two.
We can learn lessons from the Republic of Ireland, which uses citizens’ assemblies to debate really complex ideas. That gives me confidence that UK citizens would, like Irish citizens, be able to come to policy solutions on very complex issues, including electoral systems and democratic accountability. We have a lot to learn from them. There is absolutely no obligation on us as parliamentarians to implement the outcome of the citizens’ assembly. We can take those recommendations and do what we do with many parliamentary reports—put them on the shelf and let them get dusty—although I would like to think we would not. However, there is no harm, and only opportunities for good, to come from supporting this new clause.
Kemi Badenoch
I have listened to the arguments carefully, and I am not persuaded that there is a need for a citizens’ assembly on this issue and for a statutory requirement, so I Members to oppose the new clause.
Patrick Grady
I am encouraged by the warm words of those on the Labour Front Bench. On that basis, we will test the will of the Committee.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
New clause 11—Automatic Voter Registration—
“(1) Registration officers must take all reasonable steps to ensure that all persons eligible to register to vote in elections in the United Kingdom are so registered.
(2) The Secretary of State must by regulations require public bodies to provide information to registration officers to enable them to fulfil their duty under subsection (1).
(3) Regulations under subsection (2) must apply to the following public bodies—
(a) HM Revenue and Customs;
(b) the Department for Work and Pensions;
(c) the Driver and Vehicle Licensing Agency;
(d) the National Health Service, NHS Wales and NHS Scotland;
(e) schools and further and higher education institutions;
(f) local authorities;
(g) HM Passport Office;
(h) police forces;
(i) the TV Licensing Authority;
(j) Job Centre Plus;
(k) the Department for Levelling Up, Housing and Local Communities;
(l) the Department for Transport;
(m) the Department for Health and Social Care;
(n) the Home Office; and
(o) the Ministry of Justice.
(4) Regulations under subsection (2) may also apply to other public bodies.
(5) Registration officers must—
(a) use the information provided by the public bodies listed in regulations under subsection (3) to register otherwise unregistered persons on the appropriate electoral register or registers, or
(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.
(6) If a registration officer has registered a person under subsection (5), the officer must notify that person within 30 days and give that person an opportunity to correct any incorrect information.
(7) Where a person is registered under subsection (5), that person shall be omitted from the edited register unless that person notifies the registration officer to the contrary.
(8) Nothing in this section affects entitlement to register to vote anonymously.
(9) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”
This new clause would require registration officers to enter eligible voters on the register, and provide for them to receive the necessary information from a number of public bodies.
New clause 13—Voter registration at universities and colleges—
“(1) The Secretary of State must by regulations require universities and colleges to provide to registration officers the information they hold that is required for the officers to register their students to vote.
(2) Universities and colleges must share with each student the information relating to the student that the university or college proposes to provide to the relevant registration officer, and must give students the opportunity to withhold consent to the provision of the information.
(3) If a student withholds consent under subsection (2), the university or college must not send their information to the registration officer.
(4) Nothing in this section affects entitlement to register to vote anonymously.
(5) The Secretary of State may issue guidance to registration officers, universities and colleges on fulfilling their functions under this section.”
This new clause would require universities and colleges to submit to registration officers the information necessary to register their students to vote.
Brendan O'Hara
For all the rancour and argument that there has been in this Committee over the last few weeks, I think we all agree that voting is a fundamental democratic right that has to be protected. As it is a fundamental democratic right, surely it is incumbent on those in power to seek to maximise participation right across our society and to encourage everyone in society to have their say and make their voice heard. It is our job in this House to ensure that the citizens we represent can exercise that democratic right.
Kemi Badenoch
New clauses 3 and 11 would impose a legal duty on public bodies, requiring them to provide information to electoral registration officers for the purposes of automatic electoral registration of identified electors. I am open to being persuaded, but the arguments need to be very good and, clearly, should not contradict the principles on which we stand for election or that can be found in previous legislation. We cannot agree to the new clauses as they contradict the principle that underpins electoral registration: that individuals are responsible for registering themselves. For those reasons, we cannot support new clauses 3 and 11.
In addition, new clause 13 broadly replicates existing legislation and is therefore unnecessary. The Higher Education and Research Act 2017 ensures that the facilitation of electoral registration is a condition of the higher education framework, so I urge Members to oppose the new clause.
Cat Smith
I rise to speak to new clauses 11 and 13, which are tabled in my name. Throughout the passage of the Bill, we have had discussions about the security of elections, and there has been much talk about whether individuals can fiddle results and how elections can be stolen. I tabled the new clauses with the hope of making our elections more secure, because we know that when the electoral register is more accurate and more complete, it is harder for malign actors to fiddle it round with just a few votes. At the moment, having 9 million voters either missing entirely or registered incorrectly is a weakness in our democratic system. It is a move to improve the security of our elections to have a more accurate electoral register.
I liked the point made by the hon. Member for Argyll and Bute: we do not register to pay tax, so why do we register to vote? I believe that it is very important to vote, and I tell anybody who will listen how important it is to take part in our elections, but I am aware that many people do not have figures like me in their lives—they are probably grateful for it. Given that we know we can have automatic voter registration and a more accurate electoral register, it strikes me as utterly bizarre that we would not want that—that we would not want a more accurate electoral register and not want to know that when we go to the country everyone who should be registered to vote can vote and hopefully does vote. I would like to see increased voter turnout, but at the moment people are falling at the first hurdle when they find that they are not on the electoral register.
New clause 13 is specifically about colleges and universities, because we know that younger voters are far less likely to be registered than older voters. There is a real gap.
Brendan O'Hara
The hon. Lady has reminded me of our very first evidence session and what she said to Richard Mawrey QC, which was that increasing turnout and participation makes fraud harder. Much of the Government’s case in this whole debate has been about stopping fraud and cheating, and in response to her question, Richard Mawrey said,
“that is absolutely right, because fraud is obviously a relatively risky occupation, and the more bogus votes you have to put in, the more difficult it is.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 11, Q9.]
He agreed entirely with the hon. Lady that to widen participation and to increase the franchise is to diminish fraud. Does she agree that automatic voter registration would do exactly that and exactly what the Government have been calling for?
Cat Smith
I thank the hon. Member for reminding us of the evidence that we heard at the beginning of the Committee, or that at least some of us heard—those of us who were listening or who were members of the Committee at that point.
The new clauses—I agree with that tabled by the SNP, too—are all about improving the security of our elections. We did not spend so many hours of our lives debating clause 1, on voter ID, with the Government arguing consistently about the security of elections, only for them to look at these new clauses, which deal with just that, and say, “Well, not those ones.” One could say that it is starting to look a little partisan.
I implore the Minister to look carefully at the new clauses. I appreciate that she is new to the role, and I would be very willing to open a dialogue with her to find ways to get those missing millions on to the electoral roll, because I believe that cross-party consensus can be found. I do not think any member of the Committee would argue that people should be missing from the electoral roll. Our electoral roll should be accurate in reflecting where this country’s voters are and whether they are registered, giving them the opportunity to go and vote.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss new clause 8—Voting from age 16 in parliamentary elections—
“In section 1(1)(d) of the Representation of the People Act 1983 (definition of voting age for parliamentary elections), for “18” substitute “16”.”
This new clause would lower the voting age to 16 in UK parliamentary elections.
Brendan O'Hara
It gives me enormous pleasure to move new clause 4, which stands in my name and that of my hon. Friend the Member for Glasgow North. The SNP believes passionately in this and has supported lowering the voting age for all UK elections since the 1960s.
Winnie Ewing, our first Member of Parliament, spoke about the franchise for 16 and 17-year-olds in her maiden speech way back in 1967, so we come at this as early adopters of the idea. It was with enormous pride that the SNP Government introduced the franchise for 16 and 17-year-olds in the Scottish independence referendum in 2014. That gave us all an enormous sense of pride.
To give 16 and 17-year-olds the vote is to say that they have an equal say and as much of a stake in the future of the country as any other age group—[Interruption.] Sorry, was there an intervention or was that just a general murmur? That Scottish independence referendum set a precedent: it said that 16 and 17-year-olds should have a say on all constitutional issues that affect them. Subsequently, their voting record in Scottish parliamentary and local elections has proven that they are no more or less capable than any other age group in society of making an informed decision. We are absolutely delighted that the Scottish example was followed very quickly by the Welsh Senedd. Now, Welsh 16 and 17-year-olds can vote in elections for their own national Parliament.
The same young people, however, alongside their peers in England and Northern Ireland, cannot have a say on which Government is elected to this place. It is striking that the issue has become so divisive and partisan, particularly given that the last UK-wide lowering of the voting age—from 21 to 18 years old back in 1967—attracted little or no attention or controversy. It is even more remarkable not only because the UK was one of the first democracies to lower the voting age to 18, but because there is now overwhelming proof that lowering the voting age to 16 and 17 years old works. Scotland has shown that it works, so this is not a step into the darkness or a wander into the unknown, but unlike the lowering of the voting age from 21 to 18 years old, it has become hugely controversial, divisive and partisan.
Brendan O'Hara
Unfortunately, my hon. Friend is not on the side I was looking for interventions from, but I will absolutely give way.
Patrick Grady
Indeed, but we have been arguing throughout the Bill that the Government are trying to suppress democracy, and this just goes to show that they are not even willing to allow their Back Benchers to engage with such a fundamentally important proposition. Is it not even more ironic that the Conservatives in the Scottish Parliament supported votes at 16? Perhaps what that demonstrates is that the Government view the devolved Assemblies as lesser places, so they can have strange experiments and expand the franchise if they want to because they do not have the supremacy that this place enjoys.
Brendan O'Hara
I admire my hon. Friend’s powers of provocation, and still the Government Members slumber. Still nobody gets to their feet—[Interruption.] I will take that intervention. No, it was not an intervention. It was just a chuntering from a sedentary position. Perhaps the Minister could speak for them all. Can she explain to us why this is okay for Scotland and Wales? Why, when it has been so demonstrably successful in both of those devolved Administrations, are the Government so absolutely opposed to extending the franchise to 16 and 17-year-olds? The Conservative party in Scotland is okay with it. Someone will tell me if the Conservative party in Wales is not, but, as far as I am aware, it did not oppose it. Why is it okay for Scotland and Wales, and not okay for young people in England and Northern Ireland?
Cat Smith
I rise to speak to new clause 8, tabled by me and my hon. Friends. It was good timing for the SNP spokesperson to open the debate on the age of enfranchisement. The Labour party would extend the franchise to 16 and 17-year-olds. The Welsh Labour Government have done it, and we have seen it work well for a number of years in Scotland. We know that the record of voting in the Scottish parliamentary and local elections proved that 16 and 17-year-olds are more than capable of casting their votes and making informed decisions.
Since this year’s Senedd elections, Welsh 16 and 17-year-olds can now vote for their Members of the Senedd. The experience of the Scottish referendum showed that, when given a chance, 16 and 17-year-olds have a higher rate of turnout than 18 to 24-year-olds, with 75% voting, and 97% say that they would vote in future elections. Only 3% said that they did not know. That flies in the face of some of the arguments that I have occasionally heard in opposition to this idea, although we have not heard any yet today, that say that young people would not be well informed. We know from analysis of the referendum in Scotland that 16 and 17-year-old voters accessed more information from a wider variety of sources than any other age group, so, arguably, they are incredibly well informed and not necessarily biased towards one political persuasion.
A lowering of the voting age has been called for many times over the years. I have called for it many times since I was elected. It would enable young people to have their first experience of voting, often when they are still in full-time education. I know from studies that I have read over the years that if an elector votes the first time that they are eligible to vote in an election, they are far more likely to go on to develop a lifetime habit of voting and engaging in democracy. Again, it comes back to security in elections. One of the best ways we can make our elections safer and more secure is by increasing turnout. A good way of increasing turnout in the long term is to maximise the number of people whose first opportunities to vote come when they are still in full-time education, when they are still very much supported to vote.
At the moment, with the voting age for England and Northern Ireland coming in at 18—it has been 18 for UK general elections, and in Scotland and Wales as well—for many young people their first vote comes at a time of great change in their lives. They might be starting out in the world of work, might have gone off to university to study, or might have recently moved out of the family home. It is far better that we give young people an opportunity to vote and give the franchise to 16 and 17-year-olds so that we can increase the chances of an electorate that is engaged in the process and that votes. That is better for the security of elections.
Kemi Badenoch
I was amazed to hear the hon. Member for Argyll and Bute, who is clearly suffering from significant amnesia if he claims not to have heard the arguments on votes at 16. As the hon. Member for Lancaster and Fleetwood said, the subject has been debated time and again, certainly every single year since 2010. There is no need for me to rehash the arguments. I ask him to ask his parliamentary researcher to research Hansard. Given our manifesto commitment to maintain the current franchise at 18, and having been elected on that principle, the Government have no plans to lower the voting age. We will not support the new clause.
Brendan O'Hara
Yet again the Minister is outrageously dismissive. A part of her job is to answer questions in Committee. This is an important Committee. To say, “Go and ask an SNP researcher” is an absolute outrage. Minister, you have a responsibility to this House to answer direct questions and I am afraid you have been sadly lacking in doing that. We will not push the clause to a vote this afternoon, but we will test the will of the House on Report. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 5
Voting by convicted persons sentenced to terms of 12 months or less
‘In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after “Scotland” insert “or a parliamentary election”.’—(Patrick Grady.)
This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.
Brought up, and read the First time.
Patrick Grady
I beg to move, That the clause be read a Second time.
As with the other new clauses we are debating in this sequence, new clause 5 is about levelling up the franchise for election to the House of Commons with that of the Scottish Parliament. The Scottish Elections (Franchise and Representation) Act 2020 is a genuinely historic piece of legislation. It introduced the widest franchise that has ever existed in these islands, possibly in western Europe. In May this year more people were eligible to vote in the Scottish Parliament elections—indeed, more people did vote—than in any other election ever held. That is even more remarkable given the context of the global pandemic and the severe restrictions on the practicalities of voting and the challenges that people faced in terms of social distancing. More people also voted for the SNP than had ever voted for the SNP before.
The 2020 Act was remarkable. It included, as we have just discussed, votes at 16, and the extension that we will come on to. It also included a small number of prisoners serving sentences of 12 months or less. The Electoral Commission reckoned from electoral returning officers’ data that about 38 eligible prisoners had registered to vote in the election. It is a small number—probably it could be larger—but it is nevertheless significant. In 2005, the European Court of Human Rights found that the blanket ban on prisoner voting in the United Kingdom meant that the country was in breach of article 3, protocol 1, of the European convention on human rights. The Scottish Government therefore see the introduction of this provision as an important step towards compliance with that judgment and respecting the fundamental rights that exist even for people who have been incarcerated.
The legal system in Scotland also now exercises a presumption against short sentences, but that approach and the right to vote if serving a sentence of 12 months or less are both rooted in the principles of inclusion and a desire for rehabilitation. There is therefore not only a human rights imperative to the new clause—to bring the United Kingdom further into line with the judgment handed down by the European Court of Human Rights—but the importance of aligning the franchise across the different legislatures of these islands. That is something that the Government ought to consider and support, although I suspect we will hear the opposite.
Kemi Badenoch
The Government believe that when citizens commit a crime that is sufficiently serious to detain them in prison, they have broken their contract with society to such an extent that they should not have the right to vote in prison. We were elected on a manifesto that makes it clear that we will maintain the ban on prisoners voting in jail. Prison means the loss of a number of rights and freedoms, not least the right to freedom of association and liberty. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such rights. As such, we cannot support the new clause.
Patrick Grady
I thank the Minister for that brief response. Nevertheless, it is important that we test the will of the Committee, because the new clause is about ensuring that the franchise is aligned and that we are compliant with the decision of the European Court of Human Rights.
Question put, That the clause be read a Second time.
Patrick Grady
I beg to move, That the clause be read a Second time.
This is the last in the sequence of new clauses that reflect the similar provisions in the Scottish Elections (Franchise and Representation) Act 2020. The new clause extends the right to vote to all those with settled status in the United Kingdom—in essence, refugees with a right to remain.
What better way is there to send a message that refugees are welcome here, people who have often fled regimes where universal suffrage and free and fair elections are unheard of? That is why people come to the United Kingdom—they are escaping persecution, because they were living under oppressive regimes. Extending the franchise to such people is an extremely important message to send, but it is also important to the decision-making process, because those voices ought to be heard. Important decisions are made affecting their wellbeing and, frankly, if people in such situations had the right to vote, the way in which they are treated—in particular by this Conservative Government—would be very different.
Most of us have constituents who are refugees or asylum seekers who have not only fled atrocious situations but find themselves living in atrocious situations when they experience the hostile environment that the Government force upon them, whether through the poor condition of their housing or being denied the human right to work. Everybody is born with an innate right to earn their own living, but that right is denied to them by the Government. That is not a right that the Scottish Government are able to extend, which is one reason why they have extended the franchise, because that is within their gift and they want to send that signal that we value the experiences, horrific though some are, and skills that refugees bring to this society and the contribution that they can make.
Brendan O'Hara
On the contribution that refugee communities can and do bring to Scottish society, will my hon. Friend join me in acknowledging and congratulating the contribution made by the Syrian community on Bute? They fled an atrocious, most awful situation in their homeland to come to Bute and are now business owners. Their children have grown, come through the school system and are now at university. These people work and contribute to Scottish society in every single respect, as every other Scot does. The difference is that they cannot vote when it comes to choosing a Government in this place.
Patrick Grady
I absolutely echo everything my hon. Friend says about the incredible contribution of Syrian refugees, particularly in his constituency but in others as well. Refugees from other parts of the world were delighted at the opportunity to take part in the Scottish Parliament elections in May and would dearly love the opportunity to make their voices heard in elections to this place, and indeed to stand as candidates. We spoke about a by-election held in a ward within my constituency boundary, Partick East/Kelvindale. Abdul Bostani, the SNP candidate who achieved a plurality of votes but was unsuccessful because of the preferential voting system, is a refugee from Afghanistan. Our proportional representation list in Glasgow was headed by Roza Salih, one of the “Glasgow Girls”, originally from Kurdistan, who has fought for the rights of refugees. What greater message of tolerance and inclusion can we send than by welcoming people in that situation right into the heart of our democratic system? Equally, what opposite message do we send when such people are excluded, denied the opportunity to vote and denied other fundamental rights that we should have as human beings—rights that cannot really be taken away from them but that are simply denied to them? The right to vote ought to be such a right.
Again, there are two principles behind the new clause. First, the right to vote—that innate right to participation and freedom of speech. In modern democracies, it is understood that the right to vote is part of that fundamental right to freedom of speech. Secondly, levelling up the franchise. I do not think the Minister properly addressed this point in her response to previous new clauses; maybe she can attempt to do so in her response to this new clause. Why are the Government content with, and why do they welcome, the diverging franchise? More people than ever before are able to vote in elections to the Scottish Parliament, and indeed to the Senedd Cymru, whereas the overall effect of the Bill, as we said right back on Second Reading, will be fewer people having the opportunity to vote, because the Government are going out of their way to make it more difficult. Why do they see that diverging franchise as a good thing or something that they do not need to take an opinion on? I look forward to the Minister explaining why the Government want to continue the hostile environment for refugees in regard to their right to vote and responding to those other points on the divergence of the franchise.
The Chair
Apart from the exception that we agreed this morning, if hon. Members want to speak, they should rise a little bit out of their chairs.
Kemi Badenoch
The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country. European citizens, for example, have never been entitled to vote in parliamentary elections. This new clause would extend the parliamentary franchise to all foreign nationals resident in the UK. The Government have no plans to extend the parliamentary franchise and cannot support the new clause.
Question put, That the clause be read a Second time.
Brendan O’Hara
I beg to move, That the clause be read a Second time.
It is a pleasure to follow my hon. Friend the Member for Glasgow North, who laid out a compelling and detailed case as to why extending the voting right to foreign nationals and widening the franchise is so important. What we have seen is a widening of the franchise in Scotland at exactly the same time as this place seeks to narrow the franchise.
In February 2020, the Scottish Parliament passed legislation extending the vote beyond EU nationals and Commonwealth citizens to include foreign nationals with leave to remain and refugees, adding 55,000 people to the register altogether. That is in stark contrast to what is taking place down here at Westminster. The Scottish Parliament did so because Scotland wants to be that open, welcoming country and that place that is home to anyone who wants to call it home, and it wants to recognise the enormous contribution that EU nationals have made to our country, our society and our general wellbeing. We want to welcome those EU nationals who want to be part of Scotland and we want to give them a stake in, and a responsibility for, the future of the country. The Scottish Parliament has made the decision that anyone who is legally resident in Scotland will have a say in our future, and that is only right.
However, while the Scottish Parliament and Scotland in general seek to reassure EU nationals that they are valued and welcome and we view them as an integral part of our future, the UK Government, at best, use them as a bargaining chip and, at worst, see them as an inconvenience. They may be allowed to pick fruit, or to drive lorries in an emergency, but they most certainly will not be treated as equal or valued citizens. We have got used to having a wide, diverse and growing franchise in Scotland, because that is good for our country and for our democracy. I strongly advise the UK Government to look to Scotland for a lead and to make the status of EU nationals equal across the various Administrations of these islands, because that is ultimately the right thing to do and it is only fair that they do it.
Fleur Anderson (Putney) (Lab)
We have been talking so far about making the Bill less confusing and more streamlined to enable more people to vote—that being the aim—as well as about ensuring that voting has integrity. It will be very confusing to be on the doorstep telling people to vote, depending on whichever agreement we have at the time with different former colleagues in the EU. It would really simplify voting if the new clause were agreed or could at least be considered as the Bill goes forward. It will be very difficult for people to work out whether they possess these voting rights at the time each election happens. To ensure that more people vote and that it is as easy as possible to do so, voting should be as simple as possible, and allowing all EU nationals to vote is the simplest way.
Kemi Badenoch
Our position has always been that after our exit from the EU existing voting and candidacy rights should be maintained where possible. The new clause would extend the parliamentary franchise to EU citizens where no such rights previously existed, as I said during our debate on the previous amendments. Those who are nationals of a member state have never been able to vote in UK parliamentary elections by virtue of their EU citizenship. If an EU citizen becomes a British citizen, they will be eligible for the parliamentary franchise from that point. The right to vote in parliamentary elections and choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country.
Brendan O'Hara
I thank the Minister for that pre-prepared paragraph. We will push this new clause to a Division.
Question put, That the clause be read a Second time.
Cat Smith
I beg to move, That the clause be read a Second time.
This new clause would increase the accessibility of postal voting. As we have seen, the Government have reduced voters’ flexibility to use postal votes through the earlier clauses of the Bill. Their changes will make the process of voting more complex and bureaucratic and, I fear, turn voters off bothering to vote at all. Ministers should be directing their energy towards changes that will make voting easier, not putting up more barriers. Since we are considering all things elections, I also wonder why on earth postal voters need to print off and submit a form via the post when it is possible to register to vote online. That an additional administrative burden could be quickly removed through online postal vote applications. The Opposition are trying to make postal voting more accessible, and that requirement is an additional administrative burden that could be removed by allowing online applications.
There is no good reason why the policy intention of this new clause should be voted down by the Government. I would be interested to know whether, if the Minister is not happy with the wording of our new clause, she would be interested in taking it away and exploring ways in which we can embrace digital technology to make our democracy more accessible. She is certainly not afraid of technology: I admire the fact that she is one of the few Ministers who is often at the Dispatch Box with an iPad, rather than a sheet of paper. Given her enthusiasm for all things digital, I wonder whether there is scope for the Government and Opposition to work together and come forward with a solution to digitalise this process, making processes quicker and more accessible for electoral administrators and delivering more of what voters now expect when engaging with any aspect of applying to do things through the state.
Finally, given that COP26 is about to start, moving to online applications would of course reduce the use of paper and would therefore be a greener policy as well.
Kemi Badenoch
Committee members may want to get out their smelling salts, because the Government agree in principle with the introduction of online absent voting applications. The Government developed the basis for a potential online absent voting application earlier this year, and further work is under way to determine whether it can be rolled out safely. The Government are committed to increasing participation in our democracy and empowering all those eligible to vote to do so in a safe, efficient and effective way.
As the hon. Lady mentioned, an important part of the legislation is to provide electors with a choice on how to cast their vote. Now more than ever, people may wish to make use of absent vote and postal vote methods, which are essential tools in supporting voters to exercise their right to vote. As she said, in a digital world, it is right that we spread the use of technology, when that can be done safely, to further increase accessibility and the efficient running of our elections.
Cat Smith
After five and a half years of campaigning for digital postal vote applications, I am very pleased with the Minister’s response. I have always thought her a reasonable woman, and I look forward to further conversations in which we can find consensus. In that spirit, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Emergency appointment of proxy
“(1) The Secretary of State must make regulations enabling voters on a relevant electoral register to apply to appoint a proxy on grounds of a personal emergency.
(2) Such applications shall be granted by the relevant registration officer provided that the officer—
(a) is satisfied that the reason for the application is such that it would be unreasonable for the applicant to vote in person,
(b) has no reasonable grounds to believe that the stated basis for the application is untrue, and
(c) has received the application not later than 5 pm on the day of the poll at that election.
(3) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”—(Fleur Anderson.)
This new clause would allow voters to make applications for proxy votes on grounds of personal emergency up to the day of the poll.
Brought up, and read the First time.
Fleur Anderson
I beg to move, That the clause be read a Second time.
Maybe we are on a roll; this could be great. I have a confession: not a day goes by that I do not think about the next election, but I think I am in the minority. The new clause would extend the deadline for the emergency appointment of proxies to the day of the election, because a lot of people do not think about election day until the day itself. That would maintain a change that was made by the Government during the covid pandemic, when they extended the deadline for proxy voting to the day of the election. What the Government did during covid was a good thing, and we should learn from some of the changes we had to make under dreadful circumstances by incorporating those changes into our best practice for future elections. The explanatory notes state:
“This Bill makes new provision for and amends existing electoral law to ensure that UK elections remain secure, fair, modern, inclusive and transparent.”
On-the-day proxy voting would do just that.
The former Minister for the Constitution and Devolution, the hon. Member for Norwich North (Chloe Smith), wrote to the Chair of the Public Administration and Constitutional Affairs Committee, the hon. Member for Hazel Grove (Mr Wragg), back in February. She said:
“An emergency proxy vote is available in certain…circumstances (such as illness)”
close to polling day. She continued:
“The government is amending secondary legislation to further support proxy voting for people affected by coronavirus close to the polls. In particular, these changes will allow those self-isolating as a result of coronavirus exposure, testing or symptoms to apply for a proxy vote in the days leading up to polling day and until 5pm on the day itself, without having to find someone to attest their application”
or to change who is appointed as proxy if the proxy is affected by coronavirus. She went on:
“This will also be available to those who test positive for the virus, on the same basis.”
We would argue that those conditions will continue, because there are other illnesses and other reasons why people will not know that they need a proxy vote until polling day. My husband had to take an emergency flight to Sudan two days before the referendum, so I had to apply for a proxy vote so that he could vote. He would have felt very hard done by and disappointed had he been unable to vote in that referendum. If he had had to fly the night before the election, he would have needed to get the proxy vote on the day itself. Taking the ability to vote away from him and so many others who, owing to illness or other reasons, do not know that they are unable to vote until election day will reduce and suppress voting.
Cat Smith
This strikes me as a timely point in proceedings to remind the Committee that we all get ill occasionally. Indeed, a member of the Committee is not here because he has coronavirus. As it happens, Committee members can pair so that the outcome of a vote is not affected by absence, but in a general election there is no opportunity for a voter to pair with a voter for another party and to agree not to turn up at the polls because one of them has coronavirus. Perhaps the lesson from this Committee is that we are all susceptible to illnesses, and therefore this is a reasonable new clause.
Fleur Anderson
Absolutely. We just do not know what will happen on the day. We do not want people to lose out on a vote just because emergencies happen. To extend proxy voting will not cost any more. It will not undermine any of the previous clauses; it does not change the fact that voting will be secure—the same security will be there. It all stays the same, but extends it until 5 o’clock on election day, which seems a fair thing to do, and I urge everyone to support the new clause.
Kemi Badenoch
The Government cannot support the new clause as we believe that in order to maintain the integrity of the electoral process, the emergency proxy provision cannot be drawn too widely. We discussed that in passing when considering other clauses. The arguments for emergency proxies still stand. There is already provision for electors to be able to apply for an emergency proxy, as the hon. Member for Putney said, in the event of illness or recent disability or for reasons of occupation, service or employment. These are important provisions that facilitate participation in the electoral process.
In his review into electoral fraud, Lord Pickles considered emergency proxy voting and found that there was concern among electoral administrators that widening the right to an emergency proxy would increase the risk of fraud. We therefore have no plans to increase the availability of emergency proxy voting.
Question put, That the clause be read a Second time.
Fleur Anderson
I beg to move, That the clause be read a Second time.
The new clause is in a similar vein to the previous new clause. It would require officers to make provision for voter registration up to and including polling day.
Yesterday, the ultra low emission zone was extended—bear with, because this is relevant. Plans for the ULEZ started in 2014; it was announced in 2017, there were lots of consultations across London, and it was introduced in 2019. There were further consultations on extending it, as has happened. More consultations and measures were put in place. It was very controversial. Signs have been going up on our streets since May. Yet still, yesterday, it was a surprise to some people. A lot of constituents got in contact with me, saying, “What is this ULEZ? Why don’t I have a say on what’s happening?”
As we all know, we might flag something, advertise it as much as we like, but some people will be surprised to find that it is election day. They will be surprised to find out that they have to use their ID to vote. They will be surprised to find out that the deadline to get a postal vote or voter ID has passed. These changes will be a surprise to many. There are 9 million people of voting age not on the register. The moves in the Bill to increase the frequency of registering for a postal vote and to change to the voter ID system will not be known about by many people until election day.
As I have said, every single vote counts. I am sure we all agree. However, in every single pilot for this Bill, people were turned away from polling stations and then did not return because they did not know about the different provisions being made. Some elections are won or lost by a single vote, or a handful of votes.
This, therefore, is a high-risk strategy; if same-day voter registration is not allowed, the Bill will stop people from voting. It is an unproven system—there were not many pilot schemes—and at the cost of £120 million, we must get it right. We should be increasing voting, not decreasing it, and having same-day registration will increase voting. The new clause will enable everyone who wants to vote to vote. Not allowing same-day registration will prevent that.
I am sure the Minister will not accept the new clause, despite the earlier signs of change. However, I challenge her to return to amend the Bill, if this is not accepted, with the provisions that she would deem necessary to enable same-day registration, and to match the ID that would be deemed to be strong enough, safe enough and secure enough to maintain the integrity of the Bill, in the Government’s view, but also allow same-day voting.
Kemi Badenoch
We cannot agree to the new clause, as it would have a significant logistical impact on the conduct of elections. Allowing registrations on polling day itself would raise issues about how the eligibility of applicants can be verified, and uncertainties as to the register to be used for the election, undermining confidence in the process.
All applications should be subject to the same level of scrutiny and checks; if we allow applications to be made on the day, that would leave electoral registration officers having to confirm a person’s eligibility after the close of poll. As there is a legal requirement that returning officers start the count within four hours of the close of poll, that would have a significant impact on the timing of the declaration of the results for polls. The declaration would need to be delayed, pending confirmation that those voters who registered on polling day were indeed entitled to vote at the poll.
Any same-day registrations would need to be verified by EROs, which could take some days to do. That would no doubt present some issues to the longstanding tradition of counting and declaring election results as soon as possible, which has had benefits for establishing certainty and for having a Government in place as soon as possible. I therefore urge the hon. Lady to withdraw the motion.
Question put, That the clause be read a Second time.
Fleur Anderson
I beg to move, That the clause be read a Second time.
New clause 14 cuts the connection between the ability of overseas voters to vote and to donate. I have high hopes that it will be accepted. I have that hope because when debating amendment 79, which is related to new clause 14, the Minister said that she was interested in talking further about the issue. This could be the one!
Cat Smith
I wonder whether my hon. Friend would like to draw the Committee’s attention to the findings in the Russia report, which I feel have not been discussed enough in the House. I am very proud of our British democracy, and I hope that Government Members are too. The report highlights the very real risks that British politics would be left to the influence of foreign money. I hope new clause 14 will go some way to protecting the democracy we hold so highly in this country, protecting it against foreign interference.
Fleur Anderson
I thank my hon. Friend for raising the awareness of the report to the Committee and directing us toward the potential risks when it comes to overseas permitted donors. Those open the door to a lot of concern, which we have seen in the past and has been reported on in past elections.
What better way is there to have influence than with a UK residency? Someone could be living here as a student, qualify as a resident, then return to their country and many years later be able to register as an overseas voter, thus being able to bankroll and influence our parties. It is unfair and wrong that there is a loophole. People who do not live in the UK and pay tax and are not affected by the rules and decisions of elected politicians can take such a full and active role in financing our political system, giving them more of a say—because of their wealth—than many working people living here all their life, who are very affected by the decisions made.
Many feel that Tory donors, for example, already have more of a say than working people in this country, and the Bill will only continue that fear. As the shadow Minister said previously in Committee,
“My biggest concern about the overseas electors section of this Bill is the fact that it could undermine the integrity of our electoral process.”––[Official Report, Elections Public Bill Committee, 21 October 2021; c. 245.]
Let us be clear: the true motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors unlimited access to our democracy, allowing them to bankroll Tory campaigns, for example, from their offshore tax havens. If that is the case, then vote against the amendment, cut the link between overseas voters and permitted donors, and only allow overseas voters to vote. It is as simple as that. If that is not the true motivation, let us close the loophole and cut the link by voting for new clause 14.
Kemi Badenoch
As the hon. Member mentioned, we discussed this issue when considering clauses on overseas electors. I did agree with Opposition Members that we should look at ways to ensure that we do not inadvertently create new loopholes while trying to secure the voting system or inadvertently extend the franchise beyond the Bill’s intention.
Having said that, what the hon. Lady refers to as a loophole is not. It is a long-standing principle—one originally recommended by the Committee on Standards in Public Life in 1998—that permissible donors are those on the UK electoral register. If someone can vote for a party, they should be able to donate to it.
UK electoral law already sets out a stringent regime of spending and donation controls, to ensure that only those with a legitimate interest in UK election can donate or campaign. That includes British citizens who are registered as overseas electors. I have explained that I am very open to discussing what we can do to secure the system but, for the reasons I have outlined, the Government do not support the new clause. I hope the hon. Member for Putney understands that and will withdraw the new clause.
Cat Smith
I wonder whether I might trouble the Minister. Will she commit to a meeting to discuss the specific issues that the new clause raises, looking particularly at the Russia report and whether we could find cross-party agreement on ensuring that our elections and democracy are safe and secure?
Kemi Badenoch
I am very happy to have a meeting, and I think we should look at the whole section on overseas electors. I have not read the Russia report, so I am keen to get a briefing on it from the hon. Lady. I am sure that officials will also prepare a briefing so that I can fully understand. Given that, I hope the Opposition will withdraw the new clause.
Question put, That the clause be read a Second time.
Patrick Grady
I beg to move, That the clause be read a Second time.
I am not sure how Sir Edward Leigh, one of the other Chairs of the Committee, will feel about this, because I know that he was looking forward to chairing the final session next Wednesday. I will just have to keep this going until the rise of the House, and then for both sessions on Thursday, so that he has the opportunity to hear the Committee conclude its considerations. Otherwise, we will just have to get on with it as quickly as we can—I think we all need a break.
This is a relatively straightforward new clause, and I look forward to hearing the Government’s response to its principles, because it reflects the concerns that were expressed earlier when we considered part 3 and the powers of the Electoral Commission. The Government had real concerns that it was not an effective regulator—that it lacked teeth and was somehow not capable of exercising either the deterrent or the punishment when electoral offences took place. The new clause is a way of giving the commission the powers for which it asked, and to change the relatively arbitrary upper threshold of £20,000 that it can levy as a fine for certain offences to a much more proportionate response, either as a proportion of the total spend of the organisation or individual being penalised, or to a maximum of £500,000, whichever is greater.
Brendan O'Hara
Has my hon. Friend, like me, barely slept at night since hearing the tales of widespread personation, voter fraud, intimidation and postal vote harvesting—all manner of fraud, theft and deception—that came from Government Members in the first two or three days, when they used to participate in the Committee? Does he share my confidence that they will look at what is contained in the new clause and support it in order to give the Electoral Commission the full force of the law, and so that the guilty will not go unpunished, as they have insisted throughout, and a £500,000 penalty is just the thing to do it?
Patrick Grady
My hon. Friend is absolutely correct, and the point about proportionality is very important. We have heard about the rampant corruption in the UK electoral system and the complete inadequacy of the police, the Electoral Commission, local election returning officers and so on. A picture has been painted throughout the passage of the Bill. Why would the Government be content to keep the maximum level of fine at £20,000, when the Electoral Commission says it is really not adequate to provide either a deterrent or a punishment?
One example on which everyone in this room will find a point of consensus was when the Liberal Democrats were fined £20,000. [Hon. Members: “Hear, hear!”] They are not here to defend themselves—it is a wee shame. In all seriousness, the investigation that year found that 307 payments totalling £184,676 were missing from the Liberal Democrats’ spending return without a reasonable excuse. In return, they were fined £20,000, which was the maximum that the Electoral Commission could levy.
I would not suggest that is the mindset of the Liberal Democrats, but less scrupulous participants in our electoral process might think that £20,000 was a price worth paying for not reporting figures that were nearly 10 times that amount. To be clear, I am not saying that was the case with the Liberal Democrats, but perhaps other, less scrupulous participants might adopt that attitude.
We should adopt a more proportionate system by simply raising the maximum threshold. We are all familiar with the scene in “Austin Powers” where Dr Evil demands a ransom of $1 million as part of his nefarious plan to take over the Earth, and everybody laughs because it is not a huge amount of money in the modern world that he has woken up in. Similarly, a fine of £20,000 does not adjust for the rate of inflation and cost of inflation—not least the increases that we are experiencing as a result of the Tories’ disastrous Brexit policies.
A fine of £20,000 is not as high as it could be, so a maximum of £500,000 is slightly more realistic in the modern world, and then the proportionality of the 5% gives the Electoral Commission that extra flexibility and additional teeth that it might need to serve as a deterrent or to take action in the event of a breach. I have no doubt that the Minister will have lots of creative reasons for rejecting the new clause, and I look forward to hearing what they are.
Kemi Badenoch
The Government do not support the new clause for several reasons. I am aware that the Committee on Standards in Public Life recommended in its “Regulating Election Finance” report that the Electoral Commission’s fining powers should be increased to 4% of a campaign’s total spend, or £500,000—whichever is higher. The new clause closely mirrors that proposal.
The Government’s view is that the commission already has adequate powers to impose civil sanctions on political parties and non-party campaigners of up to £20,000 per offence. The new clause would increase that to £500,000 per offence. We should remember that criminal matters can be and are referred to the police, and in certain cases are taken to criminal prosecution. The courts have the power to levy unlimited fines for some offences and custodial sentences.
As set out in the Government’s response to the Committee on Standards in Public Life report, any extension of the commission’s fining powers would need to be considered carefully to assess their necessity and proportionality, because it is vital that they are an effective deterrent but do not cause a chilling effect on electoral participation and campaigning. Any direct comparisons with fines that can be issued by the Information Commissioner’s Office should note the clear difference between the two regulators and the types of entities that they regulate.
I sympathise with the example that the hon. Member for Glasgow North gave about the Liberal Democrats, but the truth is that political parties are not global corporations. There are over 350 currently registered with the Electoral Commission, many of which are predominantly made up of volunteers. As part of the further work of looking at the regulatory framework for elections beyond this Bill, the Government intend to look at all the recommendations in the report from the Committee on Standards in Public Life, alongside similar ones, including the forthcoming report on the commission from the Public Administration and Constitutional Affairs Committee. For these reasons, I urge the hon. Member to withdraw the new clause; or the Committee to oppose it.
Patrick Grady
Perhaps if the Minister had been willing to give a little ground, we would be willing to withdraw the new clause. However, we will test the will of the Committee by pressing it to a vote.
Question put, That the clause be read a Second time.
The Chair
Before we finish, I would like to thank the Clerks, who looked after us so well, the Doorkeepers, Hansard, the broadcast team, all of you for attending, and my other Chairs. I am glad that we have got through it today. I am sure that all hon. Members would like to pass on their best wishes to our right hon. Friend the Member for Elmet and Rothwell, who is unwell at the moment. Congratulations to the hon. Member for Peterborough on his recent marriage. I am going to include my own little congratulations to the hon. Member for Glasgow North, because in the 10 years that I have been on the Panel of Chairs, I have never before heard Austin Powers mentioned in debate. As a great fan of Austin Powers, I was thrilled and delighted.
Bill, as amended, to be reported.
Elections Bill
Monday 17th January 2022
(2 years, 11 months ago)
Commons ChamberRead Full debate Elections Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 January 2022 - large print - (17 Jan 2022)
21:01 - The House divided: - Ayes: 236 / Noes: 327 - Question accordingly negatived.
21:14 - The House divided: - Ayes: 237 / Noes: 322 - Question accordingly negatived.
21:26 - The House divided: - Ayes: 234 / Noes: 327 - Question accordingly negatived.
21:40 - The House divided: - Ayes: 234 / Noes: 328 - Question accordingly negatived.
21:58 - The House divided: - Ayes: 325 / Noes: 234 - Question accordingly agreed to.
Madam Deputy Speaker (Dame Eleanor Laing)
The programme (No. 2) motion has not been moved. We will therefore proceed in accordance with the original programme order of 7 September 2021. Report must be brought to a conclusion no later than 9 pm; any debate on Third Reading must be concluded no later than 10 pm. There will be a single debate on all new clauses, new schedules and selected amendments until 9 pm. Decisions at the end of the debate will be taken no later than 9 pm in the sequence on the revised selection list, which is slightly different from the sequence on the amendment notice paper.
I hope that that is clear; it is because the notice paper was prepared to match the programme (No. 2) motion on the Order Paper, which has not been moved.
New Clause 11
Power to make regulations about registration, absent voting and other matters
“Schedule (Power to make regulations about registration, absent voting and other matters) contains provision, including provision amending Schedule 2 to RPA 1983, in connection with applications relating to registration, applications to vote by post or proxy, and applications for particular kinds of document.”—(Kemi Badenoch.)
This new clause, to be inserted after clause 1, introduces NS1.
Brought up, and read the First time.
The Minister for Levelling Up Communities (Kemi Badenoch)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker
With this it will be convenient to discuss the following: (a) ‘Section 54C (making a false declaration as to whether profit condition is satisfied or failing to provide accounts) On summary conviction in England and Wales or Scotland: statutory maximum or 12 months On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year’. (b) ‘Section 55A(6) (failure to comply with a national security call-in notice) On summary conviction in England and Wales or Scotland: statutory maximum or 12 months On summary conviction in Northern Ireland: statutory maximum or 6 months On indictment: fine or 1 year’.”
Government new clause 12—Purposes referred to in section 39.
New clause 1—Voting from age 16 in parliamentary elections—
“In section 1(1)(d) of the Representation of the People Act 1983 (definition of voting age for parliamentary elections), for ‘18’ substitute ‘16’.”
This new clause would lower the voting age to 16 in UK parliamentary elections.
New clause 2—Permissible donors—
“(1) Section 54 (permissible donors) of PPERA is amended as follows.
(2) In subsection (2)(a), after ‘register’ insert ‘at the time at which the donation is made, but not an individual so registered as an overseas elector;”.
This new clause would prevent overseas electors donating to political parties in the UK.
New clause 3—Citizens’ assembly on electoral systems—
“(1) The Secretary of State must establish a citizens’ assembly representative of the population aged 16 and over to consider electoral systems in the United Kingdom.
(2) The Secretary of State must, for each category of election reformed by section 10 (Simple majority system to be used in elections for certain offices), provide to the assembly a report assessing the effects of the reforms on the matters in subsection (3).
(3) The matters are—
(a) voter engagement and understanding,
(b) electoral integrity,
(c) fairness and proportionality.
(4) A report under subsection (2) must be provided to the assembly no later than three months after the first election in each category of election after this section comes into force.
(5) The assembly must—
(a) consider the reports under subsection (2),
(b) consider other evidence relating to the matters in subsection (3).
(6) The assembly may make recommendations for legislative or policy change, including for parliamentary elections.”
New clause 4—Automatic Voter Registration—
“(1) It is a duty of—
(a) the Secretary of State; and
(b) registration officers
to take all reasonable steps to ensure that persons eligible to register to vote in elections in the United Kingdom are so registered.
(2) The Secretary of State must by regulations require public bodies to provide information to registration officers in accordance with the duty under subsection (1).
(3) Regulations under subsection (2) must apply to public bodies including but not limited to—
(a) HM Revenue and Customs;
(b) the Driver and Vehicle Licensing Agency;
(c) the National Health Service;
(d) NHS Scotland;
(e) all types of state funded schools;
(f) local authorities;
(g) the Department for Work and Pensions;
(h) HM Passport Office;
(i) police forces;
(j) the TV Licensing Authority.
(4) Registration officers must—
(a) use the information provided under regulations under subsection (2) to register otherwise unregistered persons on the appropriate electoral register or registers, or
(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.
(5) If a registration officer has registered a person under subsection (4), the officer must notify that person within 30 days and give that person an opportunity to correct any mistaken information.
(6) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.
(7) Where a person is registered under subsection (4), that person shall be omitted from the edited register unless that person notifies the registration officer to the contrary.
(8) Nothing in this section affects entitlement to register to vote anonymously.”
New clause 5—Voting by convicted persons sentenced to terms of 12 months or less—
“In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after ‘Scotland’ insert ‘or a parliamentary election’.”
This new clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.
New clause 6—Voting by qualifying foreign nationals—
“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—
‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a qualifying foreign national; and’”.
This new clause would allow foreign nationals who either do not need leave to remain in the UK or have been granted such leave to vote in UK parliamentary elections.
New clause 7—Voting by EU nationals—
“In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—
‘(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union; and’”.
This new clause would allow EU citizens to vote in UK parliamentary elections.
New clause 8—Fines for electoral offences—
“(1) The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 is amended as follows.
(2) In Schedule 1, paragraph 5, leave out ‘£20,000’ and insert ‘£500,000, or 5% of the total spend by the organisation or individual being penalised in the election to which the offence relates, whichever is greater’.”
This new clause would allow the Electoral Commission to impose increased fines for electoral offences.
New clause 9—Permissible donors to be based in the United Kingdom and associated offences—
“(1) Section 54 of PPERA (permissible donors) is amended in accordance with subsections (2) to (5).
(2) At the end of subsection (2)(a), insert ‘ordinarily resident in the United Kingdom, and domiciled in the United Kingdom for purposes of individual taxation.’
(3) After subsection (2)(b)(ii) insert—
‘(iii) employing a majority of its staff at locations within the United Kingdom, and
(iv) employing at least five staff within the United Kingdom’.
(4) At the end of subsection (2)(f), insert ‘has a majority of partners who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, employs a majority of its staff at locations within the United Kingdom, and employs at least five staff within the United Kingdom.’
(5) At the end of subsection (2)(h), insert ‘has a majority of those persons with significant control who are on a UK electoral register, are ordinarily resident in the United Kingdom and are domiciled in the United Kingdom for purposes of individual taxation, and also either employs no staff at all, or employs a majority of its staff at locations within the United Kingdom.’
(6) Section 61 of PPERA (offences concerned with evasion of restrictions on donations) is amended in accordance with subsection (7).
(7) After subsection (2) insert—
‘(3) A person commits an offence if they are a director of a company, hold a position of significant control in an unincorporated association, or are a partner in a limited liability partnership, and that company, association or partnership—
(a) is not a permissible donor and offers a donation to a political party (whether the donation is accepted or not), or
(b) commits, or otherwise causes to be committed, an act which were the body be a person, would be an offence under subsection (1) or (2).’”
This new clause makes requirements for individual and company donors to be based in the United Kingdom and makes persons running companies liable for donation restriction evasion offences committed by those companies.
New clause 10—Removal of requirement for election agent’s address to be published—
“(1) The Representation of the People Act 1983 is amended as follows.
(2) In section 67 (appointment of election agent), after subsection (6) insert—
‘(6A) Though if the candidate or the person acting on behalf of the candidate under this section provides a statement signed by the candidate that the candidate requires the address of the election agent not to be made public and instead states the relevant area within which that address is situated, the public notice under subsection (6) should state that relevant area rather than the address.
(6B) In this section, “relevant area” means—
(a) for a parliamentary election, the constituency,
(b) for an Authority election, the Assembly constituency,
(c) for any other local election, local government area, or
(d) if the address is outside the United Kingdom, the country within which it is situated.’”
This new clause would remove the requirement for public notice of the addresses of election agents (including candidates acting as their own agent) to be given at parliamentary and local elections. The area in which the address is situated could instead be given, as for candidates.
New clause 13—Proportional representation for elections to the House of Commons—
“(1) The simple majority system must not be used for any Parliamentary general election after the end of the period of six months beginning on the day on which this Act is passed.
(2) The Secretary of State must take all reasonable steps to establish a new proportional representation system of election for Members of the House of Commons that would be expected to result in seats being held by each party roughly reflecting the proportion of votes cast for candidates of that party at the preceding general election.
(3) A system is suitable for the purposes of subsection (2) if it would over the past five Parliamentary general elections have had a mean average Gallagher proportionality index of less than 10.
(4) The Secretary of State may by regulations make provision (which may include provision amending any enactment) contingent on the prohibition in subsection (1).”
This new clause would abolish first past the post for UK general elections and require the Government to take all reasonable steps to introduce proportional representation.
New clause 14—Enfranchisement of certain foreign nationals at parliamentary elections—
“(1) Section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983 is amended as follows.
(2) In paragraph (c), after ‘Ireland’ insert—
‘or a foreign national who has—
(i) the right of abode in the United Kingdom;
(ii) settled status under the EU Settlement Scheme;
(iii) indefinite leave to enter the United Kingdom; or
(iv) indefinite leave to remain in the United Kingdom.’”
New clause 15—Prohibition of double registration—
“In section 4 of the Representation of the People Act 1983 (Entitlement to be registered as parliamentary or local government elector), after subsection (1) insert—
‘(1A) A person is only entitled to be registered at one address within the United Kingdom at any one time.’”
This new clause seeks to provide an additional check and balance against double voting in UK Parliamentary elections.
New clause 16—Restrictions on foreign and foreign-influenced donations—
“(1) PPERA is amended as follows.
(2) In section 54(1) (circumstances in which party may not accept donation), after paragraph (aa) insert—
‘(ab) the party has not been given a declaration as required by section 54C; or’.
(3) In section 54(2) (permissible donors), in paragraph (b)(ii), for ‘carries on business in the United Kingdom’ substitute—
‘satisfies the condition set out in subsection (2ZAA)’.
(4) After section 54(2ZA) insert—
‘(2ZAA) The condition referred to in subsection (2)(b)(ii) is that the company or limited liability partnership’s profits generated and taxable within the United Kingdom over the previous 12 months are greater than the value of the donation given.’
(5) After section 54B (declaration as to whether residence etc condition satisfied), insert—
‘54C Declaration as to whether profit condition is satisfied
(1) A company or limited liability partnership making to a registered party a donation in relation to which the condition set out in section 54(2ZAA) applies must give to the party a written declaration stating whether or not the company or limited liability partnership satisfies that condition.
(2) A declaration under this section must also state the company or limited liability partnership’s full name, address and registration number.
(3) A person who knowingly or recklessly makes a false declaration under this section commits an offence.
(4) The Commission may issue a notice to a person to provide accounts for the purpose of verifying whether a declaration made under this section is accurate.
(5) A person who fails to comply with a notice under subsection (4) commits an offence.
(6) The Secretary of State may by regulations make provision requiring a declaration under this section to be retained for a specified period.
(7) The requirement in subsection (1) does not apply where, by reason of section 71B(1)(b), the entity by whom the donation would be made is a permissible donor in relation to the donation at the time of its receipt by the party.
(8) For the purposes of the following provisions, references in this section to receipt by a registered party should be read instead as follows—
(a) for a relevant donation controlled under Schedule 7, receipt by the regulated donee;
(b) for a relevant donation controlled under Schedule 11, receipt by the recognised third party;
(c) for a relevant donation controlled under Schedule 15, receipt by the permitted participant;
(d) for a relevant donation controlled under Schedule 2A of the Representation of the People Act 1983, receipt by the candidate or the candidate’s election agent.’
(6) After section 55 (payments etc. which are (or are not) to be treated as donations by permissible donors), insert—
‘55A Donations and national security risk
(1) The Commission may give a notice (“a call-in notice”) if the Commission reasonably suspects that a qualifying donation has given rise to or may give rise to a risk to national security in relation to electoral integrity.
(2) If the Commission decides to give a call-in notice, the notice must be given to—
(a) the person who made the donation,
(b) the party that received the donation,
(c) the Secretary of State, and
(d) such other persons as the Commission considers appropriate.
(3) When assessing whether a donation has given or may give rise to a risk to national security in relation to electoral integrity, Commission must consider the characteristics of the person who made the donation, including—
(a) their sector or sectors of commercial activity or holdings,
(b) their technological capabilities,
(c) any links to entities which may seek to undermine or threaten the interests of the United Kingdom, including the integrity of its elections,
(d) their ultimate controller, or if they can be readily exploited, (e) whether the acquirer they, or their ultimate controller, has committed, or is linked to, criminal or illicit activities that are related to national security, or activities that have given rise to or may give rise to a risk to national security.
(4) In this section, a “qualifying donation” is a donation of an amount exceeding £25,000.
(5) The Commission may, in relation to the Commission’s functions under this section, issue a notice to a person to—
(a) provide information, or
(b) attend, or
(c) give evidence as if such a notice was a notice under section 19 or 20 of the National Security and Investment Act 2021.
(6) A person who fails to comply with a notice under subsection (5) commits an offence.
(7) In this section, “assessment period” in relation to a call-in notice under this section has the same meaning as in section 23 of National Security and Investment Act 2021 in relation to a call-in notice under that Act.
(8) The Commission must, before the end of the assessment period in relation to a call-in notice—
(a) make a final order, or
(b) give a final notification to each person to whom the call-in notice was given.
(9) The Commission may, during the assessment period, make a final order if the Commission—
(a) is satisfied, on the balance of probabilities, that the qualifying donation to which the call-in notice applies has given rise to or may give rise to a risk to national security in relation to electoral integrity, and
(b) reasonably considers that the provisions of the order are necessary and proportionate for the purpose of preventing, remedying or mitigating the risk.
(10) During the assessment period, the Commission may make an interim order in relation to a qualifying donation if the Commission reasonably considers that the provisions of the order are necessary and proportionate for the purpose of safeguarding electoral integrity during that period.
(11) An order under subsection (9) or (10) may—
(a) require a donation to be held unspent for a period as may be prescribed in the order,
(b) require a donation to be refused,
(c) require a donation to be returned, or
(d) prohibit the acceptance of any donation by any registered party from the person who made the donation to which the call-in notice applies, or from a prescribed person or category of person connected to that person, for a period as may be prescribed in the order.
(12) The Commission must keep each order under review and may vary or revoke it.’
(7) In section 156 (orders and regulations)—
(a) in subsection (3), before paragraph (a) insert—
‘(za) any order under section 55A;’;
(b) after subsection (4D) insert—
‘(4E) Subsection (2) does not apply to regulations under section 54C and regulations may not be made under that section unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.’
(8) In Schedule 20 (penalties), at the appropriate places insert the following entries—
This new clause is intended to provide safeguards against the risks of foreign influence in UK elections flagged by the Intelligence and Security Select Committee in its report on Russia, ordered to be printed on 21 July 2020 (HC 632).
New clause 17—Publication of candidates’ home address information—
“(1) The Representation of the People Act 1983 is amended as follows.
(2) In Schedule 1, paragraph 6(5)(b), after ‘constituency’ insert ‘, or town or village,’.”
This new clause would allow candidates who do not wish their full home address to be published the option (as an alternative to giving the constituency of their home address) of providing the town or village within which that address is situated. That information would then be published on the returning officer’s statement of persons nominated by virtue of Rule 14(3A).
New clause 18—Unincorporated associations and permissible donors—
“(1) An unincorporated association required to notify the Electoral Commission of political contributions by paragraph 1 of Schedule 19A to PPERA must make permissibility checks on donations to the unincorporated association in accordance with subsection (2).
(2) An unincorporated association must take all reasonable steps to establish whether the donor of a relevant donation is a permissible donor under section 54 of PPERA.
(3) In this section, a ‘relevant donation’ is any donation which is either intended for political purposes or might reasonably be assumed to be for political purposes.
(4) An unincorporated association must not accept a relevant donation from a person who is not a permissible donor.”
This new clause requires unincorporated associations to establish whether a person making a donation for political purposes is a permissible donor and, if not, reject that donation.
Amendment 1, page 1, line 4, leave out clause 1.
This amendment would remove the Voter ID provisions.
Amendment 126, in clause 3, page 2, line 25, leave out “dishonestly”.
This amendment probes the necessity of adding a further test of dishonesty to the defence in subsection (4) of the inserted provision 112A.
Amendment 2, in clause 8, page 11, leave out lines 20 to 31 and insert—
“(a) in paragraph (3A)(b), for ‘a device’ substitute ‘equipment’;
(b) after paragraph (3A)(b) insert—
‘(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.’;
(c) after paragraph (3A) insert—
‘(3B) In paragraph (3A)(c), “relevant persons” means persons who find it difficult or impossible to vote in the manner directed by rule 37 because of a disability.’”
This amendment would retain the requirement for returning officers to make specific provision at polling stations to enable voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion and change the nature of that provision from “a device” to “equipment”.
Amendment 9, page 20, line 19, leave out clause 13.
Amendment 4, in clause 13, page 22, line 19, at end insert—
“(4A) The Secretary of State may not designate the statement under section 4A unless the Scottish Parliament has, before the end of the 40-day period, passed a motion of the form ‘That the Parliament approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions’.”
This amendment would require the Scottish Parliament to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Scottish functions before the strategy could have effect.
Amendment 127, page 22, line 19, at end insert—
“(4A) The Secretary of State may not designate the statement under section 4A unless Senedd Cymru has, before the end of the 40-day period, passed a motion of the form ‘That Senedd Cymru approves the draft Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Welsh functions’.”
This amendment would require Senedd Cymru to approve an Electoral Commission strategy and policy statement so far as it relates to the Commission’s devolved Welsh functions before the strategy could have effect.
Amendment 10, page 25, line 20, leave out clause 14.
Government amendments 13 to 17.
Amendment 11, page 33, line 2, leave out clause 23.
Amendment 12, page 34, line 19, leave out clause 24,
Amendment 3, page 37, line 5, leave out clause 26.
This amendment would remove the provisions relating to joint campaigning by registered parties and third parties.
Government amendments 18 to 52.
Government new schedule 1—Power to make regulations about registration, absent voting and other matters.
Amendment 5, page 65, line 2, leave out schedule 1.
This amendment is consequential on Amendment 1.
Government amendments 53 to 124.
Kemi Badenoch
The Government are committed to increasing participation in our democracy and empowering all those eligible to vote to do so in a secure, efficient and effective way. An important part of that is ensuring that electoral services—be they registering to vote, applying for an absent vote or applying for a voter card—are as convenient and accessible as possible. To that end, we have tabled new clause 11 and new schedule 1 to provide powers to introduce an online absent vote application service and an online voter card application service. These amendments also provide similar powers for such applications in Northern Ireland.
As it stands, it is not possible for electors to apply for an absent vote online. Electors who wish to apply for an absent vote must do so via a paper form that they must submit to their local electoral registration officer via post. New clause 11 and new schedule 1 will enable the identity of applicants using those services to be verified, as well as identity verification for paper absent vote applications, as is already the case for registration applications. That includes powers to enable real-time identity verification—that is, identity verification while an applicant is in the process of completing their application—for voter card applications, absent vote applications and registration applications.
That issue was raised in Committee by the hon. Member for Lancaster and Fleetwood (Cat Smith). The Government agreed in principle with her points and committed to considering an online service for electors to make applications for an absent vote once further work was done to understand how best to implement such a service. That commitment is being honoured here with the tabling of amendments to provide powers to introduce an online absent vote application service.
Cat Smith (Lancaster and Fleetwood) (Lab)
I thank the Minister for being receptive to the points that were raised in Committee about putting many more of the ways in which we engage with democracy online. I wonder if she has had time to reflect on whether the Government may have gained advantage from pre-legislative scrutiny on the Bill, because it strikes me that not only did the instruction order after Second Reading bring forward parts of the Bill that were not given scrutiny by the full House, but there have also been a huge amount of Government amendments at this late stage. What reflections does she have on the ways in which she might consult the House on constitutional matters before bringing forward Bills in future?
Kemi Badenoch
I have nothing further to add to what we discussed in Committee. I understand the hon. Lady’s point—we want our legislation to be as rigorous and robust as possible. I hope that the open relationship that she and I had when she was shadowing me is one that I will be able to continue with her successors. That is how we will get very good legislation on the statute books.
As I was saying, that commitment is being honoured here with the tabling of amendments to provide powers to introduce an online absent vote application service. That will include a process by which the identity of absent vote applicants can be verified. The identity verification process will be made to apply to paper applications as well as to applications made online.
Mrs Maria Miller (Basingstoke) (Con)
I thank my hon. Friend for going through the implications of new clause 11, which I very much welcome. Does it at all affect the Government’s position on the length of election campaigns, which she will be aware has been a point of debate within this Bill and the Dissolution and Calling of Parliament Bill? Will the measure help to shorten election campaigns in the long term?
Kemi Badenoch
I think it is very possible that this measure will assist people in speeding up the process by which they can register, which will of course have a positive impact in terms of the length of time people have to get ready for elections. I know that my right hon. Friend has other concerns about the length of time required to conduct elections, and those matters are separate from what we are discussing today, but I am very happy to continue discussions on that with her.
New clause 11 and new schedule 1 also include powers to enable identity verification of partially completed voter card applications, making the process more efficient and minimising unnecessary delays in processing applications. I am pleased to say that these new clauses will support our aim to ensure that voter identification works for all eligible voters.
I know that the detail of voter identification remains of great interest to hon. Members. The Government have always committed to being open about our plans. I wish to use this opportunity to highlight to the House the policy statement on voter identification published on gov.uk on 6 January that sets out in more detail our implementation plans for the policy.
Today, we are introducing a group of clarificatory amendments on voter identification that support those plans. Amendments 53 to 56 and amendments 62 to 65 will ensure that any elector who does not possess one of the wide range of photographic identification documents accepted under our proposals would be able to apply for a voter card or anonymous elector’s document when registering to vote, thus simplifying and making the system more accessible.
For electors who are registered to vote at multiple addresses, such as students, amendments 57 and 66 clarify that it will not be mandatory to make an application to each electoral registration officer with whom they are registered—only one would be needed. It is also important that voter cards and anonymous elector’s documents are designed appropriately, and amendments 61 and 70 provide some additional flexibility around how to ensure that.
With respect specifically to anonymous electors and the anonymous elector’s documents, amendments 71, 80, 83, 85 and 88 will ensure that an anonymous elector’s identity can still be verified effectively at the polling station without risk of their anonymity being compromised, and that they can be provided with an anonymous elector’s document in a convenient way.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
I appreciate the amendments that clarify what travel documents are permitted. The Public Administration and Constitutional Affairs Committee, on which I sit, has passed a report, and when I questioned the hon. Lady’s predecessor, it was clear that the list of documents could have been expanded to all photo ID concessionary cards, including the young person’s travel card, which requires a photo in all documentation. However, the Government chose to ignore young person passes and only include the older person passes in the main. May I ask why the Minister has done that? Her predecessor did say that she would think again about it. Why have they not done so on this issue?
Kemi Badenoch
I did look into this issue, and the reason why we have not accepted it is that the process for getting travel concessionary passes for older voters is more rigorous and robust than that for young people. The new robust checks that we would have at the threshold for voter ID are met by the older voters’ concessionary passes but not by the young voters’ passes. That is why this is the case.
Lloyd Russell-Moyle
Rather than outlining a list, why does the Minister not take the approach of outlining the thresholds that her Department think are required for an ID to be valid? The travel companies might then wish to meet that threshold. In that way, everyone will know what the Minister is talking about, rather than her just producing a random list and then dismissing the other passes.
Kemi Badenoch
That is a good question. It is something that we discussed in Committee and we decided that the best way to do that would be through secondary legislation. We did debate what the thresholds were, but this is something that can be resolved when further detail comes out in secondary legislation. I look forward to hearing the hon. Gentleman’s comments at that stage.
As I was saying, amendments 82, 84 and 87 will help ensure clarity to both electors and polling station staff as to which forms of identification will be accepted. In line with other registration decisions, amendment 74 introduces an appeal process against the refusal of an application for a voter card or absent vote.
Finally, on this group of Government amendments, amendments 49 to 50, 76 to 79, 89, 90, 92, 93, 96, 105 and 108 seek to provide the chief electoral officer of Northern Ireland with the ability to provide confidential lists of dates of birth to polling stations at all elections in Northern Ireland, which will facilitate the implementation of existing provisions.
Cat Smith
Before the Minister moves on, I just wonder whether she, since taking up her post, has had a chance to meet the Association of Electoral Administrators, which has raised the concern that it is already quite difficult to recruit volunteers to staff polling stations. Its concern is that being asked to check these forms of ID will be a disincentive for volunteers to come forward because of the potential conflict between a voter whose ID is not valid and the volunteer who is staffing the polling station. Has she discussed that with the Association of Electoral Administrators, and if so, how did that conversation go?
Kemi Badenoch
Yes, I have had a meeting with AEA representatives and we talked about a range of issues. I cannot remember the discussions verbatim and to the letter, but these are matters that we are taking into consideration throughout.
Ian Lavery (Wansbeck) (Lab)
A Government’s role should be to try to encourage more and more people into the democratic process. The introduction of photo ID cards, in my view, will do exactly the opposite. Can the Minister explain to the House how the introduction of photo ID cards will increase participation, particularly for the elderly and those in vulnerable communities?
Kemi Badenoch
We have tested this measure in extensive pilots. Most people have photographic ID, and those who do not will be provided with voter ID free of charge. It is important that we protect the franchise. This regulation has not been updated since 1872. We have debated it extensively—perhaps the hon. Gentleman was not present when we discussed it—and we are confident that it will not have an impact on voting.
Justin Tomlinson (North Swindon) (Con)
Does the Minister welcome the fact that in Swindon, when we had the voter ID pilots, our turnout went up? When the pilot came to an end, my residents complained that it was not already in place.
Kemi Badenoch
My hon. Friend makes an excellent point and shows that we have carried out thorough investigations into the impact. I am pleased that pilots such as the one in Swindon have been able to prove the Government’s case.
Turning to the Government amendments on franchise measures, there are two technical amendments to schedule 7 for the EU citizen voting and candidacy provisions. Amendment 116 seeks to apply provisions in the Bill to amend the voting and candidacy rights of European citizens to the relevant elections in the City of London, which are governed by a unique legislative frame- work. It was therefore necessary to conduct additional investigations and engagement in order to finalise the provisions for inclusion in the Bill. The effect of the amendment is to bring City of London ward elections into line with those of the rest of England.
Wera Hobhouse (Bath) (LD)
The Government themselves say time and again that EU citizens make such a contribution to the UK. Does the Minister agree that it seems a cynical move that EU citizens with settled status will now be disenfranchised?
Kemi Badenoch
We had multiple discussions on EU citizenship when we debated Brexit legislation. These are technical amendments to City of London voting rights, and some relate to the business franchise as well, so the hon. Lady’s remarks are not relevant to this piece of legislation.
Amendment 117 is a minor technical amendment that corrects an oversight in the drafting and makes no changes to the effect or scope of the Bill. It reinserts a cross-reference to the definition of “qualifying Commonwealth citizen” in section 79 of the Local Government Act 1972. This will prevent any ambiguity and will ensure a common understanding of the term in this instance.
The technical amendments to the digital imprints provisions will ensure that the new regime clearly delivers the policy intent. On new clause 12 and related consequential amendments, it was always the policy intention for the enforcement of digital imprints to broadly mirror the enforcement of the print regime. Since introduction, we have identified that, although certain types of material were already included in the provisions for unpaid material, it was not sufficiently clear that they were captured in the provisions for paid-for materials and, as drafted, would not fall to be enforced by the Electoral Commission.
The amendments will ensure that the enforcement responsibilities of the police and the Electoral Commission can be correctly assigned and are consistent across all material. That will enable the commission, in practice, to enforce material about registered parties and referendums, as well as material about categories of candidates, future candidates and holders of elected office. That is broadly in line with the existing split of responsibilities between the enforcement authorities in the print regime. There may be a degree of overlap between material about categories of candidates, future candidates and holders of elected office, and material that is about more than one particular candidate, future candidate or holder of elected office. In these instances, it is for the authorities to establish, based on the particular facts, where the enforcement responsibility lies.
These amendments will make the provisions easier for campaigners to understand and for the authorities to enforce, while delivering a regime that provides transparency for voters across a wide range of campaigning material. The amendments will also clarify that no electronic campaigning material, be it paid or unpaid, needs to make express mention of the candidate, party, future candidate, elected office holder or outcome of the referendum it relates to in order to be in scope of the regime. By clarifying that, the amendments will remove any uncertainty.
The remaining Government amendments to the digital imprints clauses are, again, small technical clarifications. Amendment 20 amends the definitions of candidates, future candidates and elected office holders so as to include those of municipal elections in the City of London, ensuring that a consistent approach is applied to the transparency of unpaid electronic and printed campaign material.
Amendment 25 simply clarifies that the imprint rules will apply only to unpaid material wholly or mainly related to referendums when published during the referendum period. That ensures that the regime takes a proportionate approach, providing transparency around material when it is most likely to be shared and therefore influence the outcome of a referendum.
Finally, I will turn to the last set of amendments relating to the measures in the Bill on the Electoral Commission. Amendments 13 to 15 seek to future-proof the appointment mechanism of Ministers to the Speaker’s Committee on the Electoral Commission. As currently drafted, clause 15 enables a Minister of the Crown with responsibilities for the constitution appointed by the Prime Minister to deputise for the Secretary of State for Levelling Up, Housing and Communities, following the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021. Several transfer of functions orders have been needed over recent years to ensure appropriate Government membership of the Speaker’s committee. It is an unnecessarily burdensome process that could be avoided by future-proofing these provisions against future machinery of government changes or changes in ministerial responsibilities.
Patrick Grady (Glasgow North) (SNP)
Does this slew of technical amendments relating to machinery of government changes reflect the increasingly kleptocratic and nepotistic nature of this Government? Subject portfolios are handed to Ministers largely on the basis of who they are, rather than on the good functioning of government. Can the Minister give us an example of any other Government anywhere in the world under which elections and the constitution are managed by the same Department as housing policy?
Kemi Badenoch
I think the hon. Gentleman may be confused as to the reasons why we are making this change. We have had several transfer of functions orders to ensure that we minimise disruption due to the wording around the membership of the Speaker’s committee.
We propose to amend clause 15 so that the Minister of the Crown appointed to exercise concurrent membership of the Speaker’s committee with the Secretary of State does not have to have specific responsibilities in relation to the constitution, or any other portfolio, in order to be appointable. These amendments will not amend the overall Government membership of the committee because, as is currently the case, the Secretary of State and the Minister would not be able to attend committee meetings jointly and deputisation would not be available to the other Government member of the Speaker’s committee.
Additionally, amendments have been tabled to update the Bill to reflect the recent machinery of government change. On 8 December, elections policy was formally transferred from the Cabinet Office to the Department for Levelling Up, Housing and Communities. Some provisions in parts 5, 6 and 7, and in certain schedules to the Bill, currently refer to “the Minister”. That is defined in clause 60 as meaning the Secretary of State or the Minister for the Cabinet Office. In order to bring the Bill into line with the new allocation of responsibilities within Government, these amendments replace those references so that they refer only to the Secretary of State. I urge the House to support these practical amendments.
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to speak for the Opposition in these proceedings. I am taking on this role partway through matters, but fortunately I stand on the shoulders of outstanding colleagues, particularly my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith), who did a tremendous job and will no doubt continue to do so. Having read the Official Report of the Committee stage, I suspect that the Minister is rather relieved to face off with me rather than my hon. Friend—although she is in her place, so perhaps it is a two-for-one proposition.
Although the personnel may have changed, the fundamentals have not. This is a bad Bill. It is full of solutions in search of problems. Rather than opening up our democracy to greater participation, it will do the opposite, all the while further weakening our democracy to dodgy finance. It is conventional to call it Trumpian, but it is not even that. It is the sort of partial nonsense that can be seen in US statehouses: partisan leaders who just cannot help themselves, gerrymandering and seeking to tilt election outcomes by putting their thumb on the scale. Do not take my word for it, Minister; the Government should have heeded the calls from the Public Administration and Constitutional Affairs Committee in its excellent report, when it said that the Bill ought to be paused.
Justin Tomlinson
In that case, why does my local Labour party insist on photo voter ID when it comes to select my opponent in each election?
Alex Norris
I confess that I had hoped the hon. Gentleman would ask me that. I have been a Labour party branch secretary, branch chair, constituency secretary, constituency chair, councillor, Member of Parliament and shadow Minister, and I have never once been asked for voter ID at a meeting. That has only ever happened in cases where certain Labour parties were in special measures and it was seen as a proportionate protection. It is proportion that we are talking about.
The hon. Gentleman said in a previous contribution that there is enthusiasm in Swindon for the measure to tackle that one solitary aspect of personation. In fact, if we were to replicate the findings of the pilots he relies on across the country, 184,000 people who wanted to vote would be turned away and would not return. That makes it 184,000 to one; this is racking up faster than Downing Street parties. The Cabinet Office itself says that that approach will exclude 2% of the electorate without the right form of ID, but according to the Electoral Commission the actual figure of those without the right ID will be between 1 million and 3.5 million.
In addition, the people excluded will not be evenly spread and that goes to the heart of the Government’s problems with inclusivity in the Bill. Some 77% of people in the UK hold a full driving licence, whereas the figure for black people is 53% and the one for Asian people is 61%. Similarly, according to the Joseph Rowntree Foundation, the poorest are six times more likely than the best-off to miss out under these proposals—the measure is not inclusive.
Jerome Mayhew (Broadland) (Con)
Does the hon. Gentleman not accept that the Bill also includes provisions for totally free and suitable photographic ID for anyone who needs it, so the poor are protected?
Alex Norris
The hon. Gentleman reads my mind, because I was about to turn to that issue. I was going to say that the Government will now instead rely on a voter card. First, putting hurdles in the way will take people out and reduce turnout. That alone is a bad thing, but, again, the effect will not be evenly distributed; it will be harder for those in rural communities, who have further to travel, to make good. Indeed, what about those who live with a disability and all the extra burdens in their lives—why on earth would we give them another one, not least when we are not really solving a problem?
The Association of Electoral Administrators has raised serious concerns about the huge burden on overstretched local authorities, which will be supposed to deal with photo ID cards alongside the burden of registering significant numbers of new or overseas electors—I will reference them shortly—ordinary registrations and renewed postal voters. We know that that that burden peaks at the same time, approximately six weeks before an election, because, funnily enough, people work in those cycles.
Governments ought to bring people together, and the Government have succeeded with these provisions, as they have united civil society. They have united academia and cross-party Select Committees against them. Why will the Government not listen? If they want that secure, fair, modern, inclusive and transparent Bill, they should accept the amendments. Should they not do so, we will know what they really want from the Bill.
Lloyd Russell-Moyle
My hon. Friend is making excellent progress. One point made by Government Members is that people could apply for ID. Even where non-photographic ID was used in the trials and given to everyone, about 1% of people were turned away just because they had forgotten to take it from their house to the polling station. Now in a number of our seats 1% is a margin of error that would have changed the course of an election, and in tight years it could change the course of who is in government. Does he think it is right that the measures could change the course of who governs this country?
Alex Norris
I want the course of elections to be changed by people—by those eligible to vote. Although some of the seats in this place come down to very fine margins, across virtually every council area there are hyper-marginal seats, and indeed hyper-marginal councils, that will swing on this measure. As I have said, the Bill seeks to tackle something that has yet to be proved to be a problem.
Marsha De Cordova (Battersea) (Lab)
My hon. Friend is making an excellent speech thus far. He has talked about the need for photographic ID. The Equality and Human Rights Commission made it clear that the groups that would be affected included people from different ethnic minority backgrounds, older people and, more important, disabled people. The Bill is doing more to disenfranchise disabled people by depriving them of accessibility.
Alex Norris
My hon. Friend knows that of which she speaks. In this place she is a leading campaigner on such issues, and that is exactly what the campaign groups and the representative groups are saying. The only people who do not seem to understand that point are the Government.
Let me now turn to inclusivity. Our amendment 2 seeks to retain the current requirement for returning officers to make specific provision at polling stations to enable voters who live with blindness or partial-sightedness to vote without any need for assistance from the presiding officer or any companion, and to change the nature of that provision from “a device” to “equipment”. As it stands, the Bill could have the dangerous consequence of removing the fundamental principle that electoral staff must enable voters to vote
“without any need for assistance”.
Although we recognise and support the broader duty in the Bill to enable all people living with disabilities to vote, it is wrong not to carry over the previous requirement to enable people to vote
“without any need for assistance”.
Bambos Charalambous (Enfield, Southgate) (Lab)
Does my hon. Friend agree that that measure will create a postcode lottery for people who are partially sighted or blind, because it will depend on which returning officer will decide what equipment will be provided?
Alex Norris
That is an excellent point. The question of who provides the requisite equipment and who does not will differ greatly between authorities. I cannot believe that that is the Government’s intention, and I hope that in her closing speech the Minister will clarify how the problem is to be resolved.
Let me now deal with new clause 1. If the Government were truly serious about improving democratic engagement and modernising democracy, they would extend the franchise to 16 and 17-year-olds who live in this country. Much has already been said on the subject, but I want to add a significant element to the debate. The greatest risk to our democracy, and to democracies globally, is apathy. If people stop valuing it, they will care less when they see it eroded. The best way to build a culture of participation is to start early. We already expect to remain connected to 16 and 17-year-olds through education, employment or training. We should be using that time to teach and develop an interest in citizenship—in our rights and responsibilities. The right to vote is an anchor in that regard. Let us use the time that we have with those young people to talk about voting—about their local councils, and about national Government.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
One issue that I discuss regularly with my constituents, especially young voters, is their wish to participate in our democracy, and when I visit schools, colleges and sixth forms up and down the country, that issue arises time and again. Does my hon. Friend feel that this is a missed opportunity for the Government to include those young people in our democratic process?
Alex Norris
I share my hon. Friend’s view. What I hear during my visits is very much in line what she is hearing. We know that 16 and 17-year-olds, when given the chance, take it very seriously. In Scotland and Wales, they have higher rates of turnout than 18 to 24-year-olds, with 75% voting and 97% saying that they would vote in future elections. They have also accessed more information from a wider variety of sources than any other age group. They have taken it seriously, and we ought to take them seriously.
Dr Luke Evans (Bosworth) (Con)
I am interested to know the hon. Gentleman’s perspective, from a Labour point of view, on Labour Live in 2018. When people signed up for a ticket it said: “All under-18s need to be accompanied by an adult or guardian at Labour Live. That means all youth and child tickets must be bought alongside an adult full price ticket and ID will be checked at the festival gate.” I would be grateful—[Interruption.]
Madam Deputy Speaker (Dame Eleanor Laing)
Order. What is all this shouting? The hon. Gentleman will make his point and the Opposition spokesman will undoubtedly be able to answer it without shouting from the background.
Alex Norris
I am grateful to the hon. Gentleman for his intervention. I hoped that we were going to talk about his new clause, but instead, as he knows as well as I do, he is creating a false equivalence between a licensed event and going to vote in a polling station, where, as yet, I have not been offered a pint at the ballot box. Maybe that will be in the next elections Bill.
Mr Steve Baker (Wycombe) (Con)
Voting Labour is much more dangerous than having a pint.
Alex Norris
The hon. Gentleman knows that I will always take an intervention from him, so should he wish he will find me in listening mode.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
With regard to voter participation among 16 and 17-year-olds in Scotland, another reason we have such a healthy turnout is that all the elections in which they participate are conducted on a proportional basis. There are amendments tonight that would extend that to elections to this House. Will the hon. Gentleman be supporting them?
Alex Norris
I have significant issues with new clause 13, as drafted, which simply asks to introduce a proportional system. For something as seismic as that, there ought to be greater detail about what is being proposed. I am also a strong believer—this speaks to new clause 5 in the name of the hon. Member for Argyll and Bute (Brendan O’Hara)—in the desirability of a citizens convention on our democracy that would look at voting systems but also look a lot more widely. This is a good moment and a good mechanism to reboot our democracy.
On new clause 14, in my name, and new clause 10, having left the European Union, we need new, easy-to-understand arrangements that are fair. People who live in this country ought to have a say in how it is run and the services that affect their lives. It is odd that the Bill does not do more for them, and indeed does more for those who do not live here than those who do. The provisions we seek to implement would address that, and I hope they are looked on favourably.
Turning to new clauses 2 and 9, the Bill creates another odd paradox. It opens the floodgates for a potentially large influx of foreign-based money into our democracy, but at the same time makes it harder for civil society organisations, charities and trade unions to have their say, despite the massive contribution to British life that they make. What is fair or transparent about that?
Labour Members are on record as thinking that 15 years is a reasonable and proportionate amount of time for someone to retain a vote after leaving the UK and for the arrangements to ensure that they can to remain practical. We fear that the Government have created a system vulnerable to overseas interference. It allows a person to call up any and every local authority to say that they were resident in the area 30 or 40 years ago, provide flimsy proof—it will not be photo identification, that is for sure—and then be able to donate massive sums of money. I would hope to hear from the Minister that that is not the intention, but nevertheless there is a chance to make good on it. New clause 2 would simply prevent anyone registered as such an overseas elector from donating to political parties in the UK, while new clause 9 would require individual and company donors to be based in the UK while making those in charge of companies liable for any offences caused. We also have new clause 16 tabled by my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne). So if the Minister really does not want to see that weakness in our democracy, she has a real menu to choose from and she will find us very supportive, because these are proportionate safeguards.
Research from The Times shows that the Conservative party was able, through existing methods, to accept about £1 million from UK citizens living in tax havens ahead of the 2017 general election. The Bill takes away the barriers that kept it at £1 million. The strength of feeling on the issue is shown by the variety of other new clauses—2, 8, 16 and 18—that cover that subject. As the Government seek to ensure that those in tax havens have a stronger voice, they are seeking at the same time to undermine the ability of civil society organisations, charities and trade unions to engage in our democracy. Amendment 3 would remove those provisions.
Mrs Miller
This debate is about important changes to one of the pillars of our democracy: the way we run free and fair elections. May I commend my hon. Friend the Minister for her diligent work listening to the debate and deliberations, and for making the changes that she has put before us?
I will speak in particular to Government new clause 11 and new schedule 1. In September, in the earlier stages of the Bill, the then Minister, my hon. Friend the Member for Norwich North (Chloe Smith), stressed the importance of an elections system that works for voters. Making that system work for voters is where I will focus my remarks.
New clause 11 is linked to absent voting and a power to make regulations, and it paves the way for new schedule 1. New schedule 1 includes verification evidence needed to register, but also, importantly, the opportunity to introduce online absent-voting application services. I think that is a really important step forward because those provisions potentially give us an opportunity to absolutely make the system better for voters, particularly those who are absent, who in the past have had to take many days, or even weeks, to make an application to vote. This system of online applications could well improve things significantly.
Ian Lavery
Will the right hon. Lady explain how what she has just said will encourage people from right across the political piece to participate in the democratic process?
Mrs Miller
Because it will enable people to be part of the system, to register online and to have confidence in what is going on in our election process.
I want to probe the Minister on the length of election campaigns, which have, I believe—this is to the hon. Gentleman’s point—not served us well in helping to engage people in the election process. Many hon. Members who took part in debates on the Dissolution and Calling of Parliament Bill made the point about the continual lengthening of our election campaigns being not a benign act, but an act that has potential consequences—consequences we are not that aware of. Emerging research suggests that longer election campaigns are potentially disengaging for electors. They mean that the interest of electors wanes over time—perhaps all of us who have knocked on doors have seen that over the last two decades, when election campaigns have increased significantly in length.
Will new schedule 1 and new clause 11, tabled by the Government, provide some sense of opportunity that at least the length of election campaigns will not increase? The former Minister, my hon. Friend the Member for Norwich North, spoke about her understanding of the importance of potentially shortening election campaigns as well. Hon. Members will remember that in law at the moment election campaigns are currently 25 working days, and amendments that I and my hon. Friends tabled the last time these matters were discussed in this place considered shortening campaigns to 25 days.
Will the Minister update the House on the undertaking to consider research into the length of election campaigns, in conjunction with new clause 11 and new schedule 1? That could provide an opportunity for us to understand better how election campaigns affect voter participation, and how the length of campaigns may be shortened in a realistic and sensible way as a result of her new provisions. Will she help the House to understand how she will take that forward to ensure that our democratic process is as strong as it can be? The lack of consideration about the length of campaigns should be something that is of the past, and the issue should be central to the thoughts of the Government in the future.
Brendan O'Hara (Argyll and Bute) (SNP)
I rise to speak in support of new clause 1, as well as new clauses 3 to 8, tabled in my name and that of my hon. Friend the Member for Glasgow North (Patrick Grady). I welcome the hon. Member for Nottingham North (Alex Norris) to his place. It is a pleasure to see him.
Before addressing the new clauses, I wish to put on record my sincere thanks to my hon. Friend the Member for Glasgow North and the hon. Members for Lancaster and Fleetwood (Cat Smith) and for Putney (Fleur Anderson), who, day after day in Committee, went through the Bill forensically and exposed the fundamental threat to our democracy that is contained in almost every line of it. From restricting the franchise through the introduction of voter ID cards, to giving the Government power to set the strategy and policy of the Electoral Commission, abolishing a progressive, proportional voting system, and constraining how whole sections of civil society are allowed to campaign, this Bill has it all.
This Bill, which—let’s be honest—would not be out of place in the hands of Viktor Orbán or Jair Bolsonaro, should not be seen in isolation and has to be viewed in the wider context, as it includes plans to criminalise peaceful protest and to allow the Home Secretary to strip someone of British citizenship with the stroke of a pen. It places onerous legal constraints on journalists and whistleblowers. Ministers will be allowed to ignore legal rulings made under judicial review and there are plans to abolish the Human Rights Act. It was Peter Geoghegan, writing in openDemocracy just before Christmas, who said:
“This is what democracy dying…looks like. And we need to act now before it’s too late.”
That is why we opposed the Bill on Second Reading, why we sought to amend it radically in Committee, and why, unless Government Members wake up to what they are about to do and fundamentally amend the Bill today, we will oppose it this evening as well.
We in the SNP fully support new clause 1, which would simply bring the age at which people can vote in Westminster elections into line with what already happens in Scotland and in Wales. The SNP has advocated this for a long time—indeed, the legendary Winnie Ewing, when she made her maiden speech from these Benches 55 years ago during a debate on lowering the voting age from 21 to 18, said:
“There are moral and intellectual reasons why it is good sense to make people responsible at the age of 18 if not sooner… I am absolutely on the side of youth.”—[Official Report, 20 November 1967; Vol. 754, c. 980.]
Wera Hobhouse
Does the hon. Gentleman agree that the future of this country would look entirely different, particularly when it comes to the climate emergency, if we lowered the voting age?
Brendan O'Hara
The hon. Lady makes an extremely good point, which I will address specifically as I continue my speech.
What is different now from 1967 is that, with two nations of the United Kingdom already having this provision in place, new clause 1 does not ask the UK Government to take a step into the unknown. We can see how well it is working in Scotland and Wales, where the change has been both seamless and uncontroversial. Any concerns that we might have had about 16 and 17-year-olds not being interested in politics or being unable to understand the issues have been shown to be without any foundation.
Jerome Mayhew
I once met Winnie Ewing when I was at school and she came to talk to a politics class I was attending. However, on the new clause, I rise to ask what is the rationale for choosing the age of 16, when people are not considered to be responsible enough to decide whether to buy cigarettes, rather than some other age—say, 15 or 14?
Brendan O'Hara
I think the hon. Gentleman is confusing private rights and public rights. There are public health issues around the consumption of alcohol and the purchase of cigarettes. These are exactly the same debates as we had in 1967, when there were fears about taking a step into the unknown. What is different now, as I said, is that it is not a step into the unknown. It has been proven to work. Why should young people in England and Northern Ireland have different rights from those in Wales and Scotland?
When we had our referendum in 2014, 90% of 16 and 17-year-olds registered to vote and 75% of them turned out to vote on the day. As the hon. Member for Nottingham North said, studies showed that young people had investigated the issues and had multiple sources of information, and many were far better acquainted with the issues than were their parents or grandparents. To go back to the point made by the hon. Member for Bath (Wera Hobhouse), if we look at the age of the people leading the fight against climate change and the demonstrators at COP26, we see that overwhelmingly they were young people making their voices heard above everybody else’s. That tells us all we need to know.
Cat Smith
I thank the hon. Gentleman for his kind remarks. It was a pleasure to serve on the Bill Committee with him. He and his colleague the hon. Member for Glasgow North (Patrick Grady) did as much as to scrutinise every line of the Bill as I and my hon. Friend the Member for Putney (Fleur Anderson) did.
The hon. Gentleman talks about extending the franchise to 16 and 17-year-olds. Much of the case made for the Bill has been about making our democracy more secure. One of the ways we can make our democracy more secure is by encouraging more people to participate in it. The more people are voting, the harder it is to swing an election unfairly. That is what we heard in the evidence given to the Bill Committee. Does he agree, therefore, that extending the franchise to 16 and 17-year-olds, who will go on to develop a far stronger commitment to voting, will actually strengthen our democracy against foreign interference in British politics?
Brendan O'Hara
The hon. Lady is absolutely spot-on. As she says, we heard from many witnesses who said that the wider the franchise and the more the people who vote, the less there can be untoward interference.
Why are the UK Government so opposed to giving 16 and 17-year-olds the vote? Unfortunately, the Minister for Levelling Up Communities is no longer in her place. In Committee, I hoped to find out why she thought it was okay for Scotland and Wales, but not for England and Northern Ireland. Her reply to me was:
“There is no need for me to rehash the arguments. I ask him to ask his parliamentary researcher to research Hansard.”––[Official Report, Elections Public Bill Committee, 26 October 2021; c. 371.]
That was a Minister’s response on this very issue in Committee, and I am sorry she is no longer in her place to correct it.
Patrick Grady
Are these new clauses not a challenge to Members from other parties, particularly Scottish Conservative MPs? If they believe in the strength of the Union and in sharing experience across these islands, these new clauses would bring the Westminster franchise into line with the Scottish franchise. If these new clauses were pressed to a Division, I would hope the Scottish Conservatives, wherever they might be, would support them.
Brendan O’Hara
I thank my hon. Friend for that intervention. I am sure that Conservative Members for Welsh constituencies must be having a similar dilemma. If this is good enough for Scotland and Wales, why is it not good enough for the rest of the United Kingdom?
We want to say to EU nationals and those with the right to remain that, as an integral part of Scotland’s future, they should have a stake in and a responsibility for how we are governed. That is why Scotland has a thriving, healthy, robust democracy. It is telling that, while Scotland and Wales do everything they can to extend this franchise, those on the Government Benches do the exact opposite.
I will turn now to the last of our new clauses, new clause 8. In Committee, Conservative Members regaled us with tales of widespread personation, voter intimidation, postal fraud and the harvesting of votes—indeed, all manner of fraud, theft and deception—yet when they were asked to give the Electoral Commission the power to tackle those abuses and impose a meaningful fine on those found guilty, they refused to do so. Imposing a paltry £20,000 fine has been shown to be no deterrent whatsoever. It is viewed by the worst offenders almost as a cost of doing business. We believe that our proposal for a maximum fine of £500,000 or 5% of an organisation’s or individual’s total spend will give the commission far greater power to act as a genuine deterrent to lawbreakers.
As I said at the beginning, these are incredibly dangerous days for our democracy, and this Elections Bill is just the start of a process that, if passed, will take democracy into a very dark place from which it will be difficult for it to return. This is not happening by accident. The architects of this plan understand exactly where it will lead. Just last month, Elizabeth David-Barrett, the professor of governance and integrity at the University of Sussex, used the phrase “state capture” to describe what is happening. She described state capture as
“a type of systematic corruption where narrow interest groups take control of the institutions and processes that make public policy, buying influence not just to disregard the rules but also to rewrite the rules.”
That is where we are currently. It is extremely dangerous, but it can be successful only if there is a compliant legislature and a widespread public attitude that it could never happen here. But it is happening here, and it is happening here right now.
The parliamentary arithmetic means that only Conservative Members can stop this plan in its tracks, and tonight they have a decision to make. As the soon-to-be ex-Prime Minister heads for the exit door, are they really going to acquiesce meekly and allow his final act to be the fatal undermining of our democracy? Are they really content to have history record them as having been party to one of the biggest betrayals of our democracy, and to have done it at the behest of a man whose days are numbered and who will almost certainly go down in history as the worst and most self-serving Prime Minister this country has ever had? That is complete madness. I ask Conservative Members, please, to think long and hard before backing this dreadful Bill; the Prime Minister is on the way out the door, but they should not let him take their reputations with him as he goes.
Several hon. Members rose—
Madam Deputy Speaker (Dame Eleanor Laing)
It will be obvious that a great many people wish to speak and that we do not have very long. We have to finish this stage of the Bill at 9 o’clock, so I shall immediately impose a time limit of five minutes.
Chris Clarkson (Heywood and Middleton) (Con)
I cannot promise to be as succinct as I was in my last speech before you, Madam Deputy Speaker, which clocked in at a loquacious 10 words, but I will do my best.
I rise to support the Bill having been on the Committee; I am confident that we have before us a sensible and necessary package of measures to ensure the continued robustness of our electoral system. Before speaking to the general merits of the Bill, I would like to speak to some of the new clauses and amendments selected for discussion. With a Bill of this size and complexity, Members will have a range of views on these issues, but I am quite disappointed to see that some of the things we voted down in Committee have found their way back for a second go.
I will start with some of the measures proposed by the Scottish National party. As a member of the Electoral Reform Society, I have to say that I have a small amount of sympathy with new clause 3, but I do not think its proposals belong in this Bill. However, I will cheerfully have a conversation with the hon. Member for Argyll and Bute (Brendan O’Hara) if he wants to bring them forward another time.
Although I understand the motivations behind new clause 4, I cannot be the only one to have baulked at the long list of organisations required to provide our personal data to the state. On the whole, registering to vote should be positive affirmation of someone’s intention. Simply adding everyone to the list will not increase participation and make people exercise their franchise. It will just be more names on a list.
New clause 5, I am afraid to say, is completely beyond the pale. When we deprive somebody of their liberty as a result of their criminal acts, we deprive them of their most fundamental freedoms, including the right to exercise their franchise.
New clauses 6 and 7 and, by extension, new clause 14, are opportunistic and completely unprecedented. No EU state allows British citizens to vote in its parliamentary elections. That we should extend the franchise to EU members when, even as a member of the European Union, we could not, is completely and utterly inconceivable. The UK already has one of the widest franchises in the world, allowing Commonwealth and Irish citizens to participate in our general elections. If someone is that committed to participating in our democracy but they cannot because of their nationality, they are more than welcome to apply for citizenship.
As I mentioned earlier in respect of new clause 3, I have some sympathy with the provisions of new clause 13 in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), but something of that magnitude should be done not as an amendment to a Bill but as a separate debate.
I am concerned by new clause 15, because I disagree not with the general intention but with its prescriptive nature. There are any number of legitimate reasons why somebody might want to be registered in more than one area, but I accept the principle that we must do more to tackle multiple voting.
I particularly like new clause 17. I represent a borough named after its principal town—I see the hon. Member for Rochdale (Tony Lloyd) in his place. I represent two towns in that borough that have no particular affinity for the main town and have a strong sense of their own identity; in fact, in the hon. Gentleman’s constituency there will be areas such as Littleborough and Wardle that would like to be identified as such rather than as Rochdale. I have some sympathy with the idea of allowing people to describe more accurately on the ballot paper where they live. If we are not going forward with the new clause tonight, I would be pleased to see it come back at a later date.
Dr Julian Lewis (New Forest East) (Con)
As someone who was responsible for bringing in the original provision that people could just say the constituency where they live, the only word of caution I suggest is that we do not want to get into a competing war between candidates about who was more or less precise about where they live. It is really a security matter.
Chris Clarkson
I completely understand my right hon. Friend’s point. There could be a ridiculous situation of “I live at No. 1 Acacia Drive” and, “I live at No. 3 Acacia Drive”. As I understand it, the right hon. Member for Orkney and Shetland will not press the new clause to a vote, but I would still welcome a discussion on how we could make that work.
In the interests of time, I will move on to new clauses 2, 8, 16 and 18. I was going to make a brief comment on them, but given recent revelations in the press, I might say that they are the height of hypocrisy, especially new clause 16. The Bill will make it legal for overseas voters to participate in polls. It is perfectly reasonable for them to be able to contribute to a party or candidate of their choosing. The Opposition like to kid themselves that all overseas voters are fat cats and tax exiles sunning themselves on the costas, but many are ordinary people who have worked hard, saved and decided to enjoy their retirement overseas. Allowing them to donate would not particularly favour one party over another. I am quite sure Labour Members would do quite well out of the villas of Tuscany.
It is entirely possible that hon. Members had the hon. Member for Brent North (Barry Gardiner) in mind when they drafted the new clauses, but perhaps it would be easier just to send him on a training course. The deliberate conflation of foreign interests with ordinary British citizens wanting to contribute to an election in which they are legally entitled to participate is wearing in the extreme. Notwithstanding that, I welcome the comments of the Home Secretary at the Dispatch Box earlier; I have no doubt she will work constructively with all parties to tackle the thorny issue of interference in our democratic system.
The Bill is necessary and timely. Whether or not we acknowledge it, our elections have been open to abuse in the past. If they are entirely honest, activists and politicians across the spectrum will have seen some questionable events.
Jim Shannon (Strangford) (DUP)
Does the hon. Gentleman recognise the evidence base from Northern Ireland? The introduction of voter ID in 2002 has proven instrumental in an increase in voter turnout, reassuring people that a proper process was being followed and that the likelihood of fraud was minimised. Voter ID is quite simple: it is to confirm that people are who they say they are. It worked in Northern Ireland, and it can work here.
Chris Clarkson
I absolutely agree. In my own borough, a senior Labour councillor who was a member of council cabinet at the time accepted a caution for voting twice—he was able to do so. We hear this repeated refrain from Labour Members that this is a rare instance and that it hardly ever happens, but I shall pose the same questions that I posed in Committee: what is an acceptable level of fraud? How many votes is it okay for somebody to steal? Surely one instance of fraud is too many.
There is something quite telling and quite worrying about just how strenuously some Members oppose the Bill. We are not asking people to go to any great lengths or take on huge expense. ID will be freely available to people with one of the many qualifying documents. I looked in my wallet before I took my place in the Chamber. I have at least two permissible forms that I habitually carry with me, as do the vast majority of people. It is already the case that most people take their polling card to the polling booth, because they think they have to give it to the teller to prove who they are.
Mr Carmichael
I am grateful to you, Madam Deputy Speaker, for the opportunity to take part in this important debate. Let me say briefly at the outset that the fact that the House has less than two and a half hours in which to debate such a Bill on Report is nothing short of an outrage. When the Government brought forward their motion of instruction, they should have recognised at that stage that they had turned this into a constitutional Bill, and the Committee stage, never mind the Report stage, should have been on the Floor of the House. This is an unacceptable and contemptible way for the Government to be treating Parliament.
I rise to speak to new clause 13, which stands in my name, and the names of my hon. and right hon. Friends, and a number of others, including Members of the Labour party, the Green party and the Alliance party. I would very much like to test the opinion of the House in relation to this new clause.
We have seen just this weekend, with the Government’s announcements in relation to the BBC, the dangers and just what is possible when we have an electoral system that puts total power into the hands of a party on a minority vote at a general election. These are the arguments that we often rehearse in relation to proportional representation. I will not rehearse them tonight because time is short, but I want to talk a little bit about what proportional representation would mean for Parliament and for this House and how it could lead to a restoration of the standing of the House in public life.
Madam Deputy Speaker, I think you know how I feel about being a Member here. It has been the privilege of my life to be a Member of Parliament and to have the opportunity to do things for my community and for the individuals who live there. To have a role at the heart of the nation’s politics is the greatest privilege that any of us can hope for.
Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
As the right hon. Gentleman knows, I am sympathetic to electoral reform. He makes the point about being privileged to represent his constituency, as indeed I am and all of us in this House are. I wonder whether he can reassure me on one concern. I would like to support his new clause this evening, but it breaks the constituency link, or at least an element of local representation, as part of a more proportional system. Can he reassure me that if I were to vote for his new clause this evening, some level of local representation would be maintained?
Mr Carmichael
I can give the hon. Gentleman that reassurance. I can assure him that, if anything, the link would be strengthened. I live in a local authority ward that is elected by single transferable vote. I elect four councillors. Each of them has a link to the constituents and, between them, they are able to represent the views of just about everybody in their community, not just those who have voted for them and those who agree with them. In that way, using the single transferable vote, the link between the elected and the elector is, in fact, strengthened.
I was just saying that it has been the privilege of my life to be a Member of Parliament, but, believe me, I am by no means blind to the multiple faults of this House. It would not take an awful lot to make it so much better. We have heard an awful lot of talk in the last week or two about cultures, and about the culture at the heart of this Government in No. 10 Downing Street, but let us also accept that the culture of Parliament has to change.
Time and again over the years, the culture of deference and entitlement has led us into difficulty, as in 2009 with the scandal over MPs’ expenses. I thought that perhaps we would have learned our lesson after that, but last year, with the Owen Paterson affair and all the stories about MPs with second, third and fourth jobs—and the amount of time they gave to them and the amount of money they earned—it became perfectly apparent that the sense of entitlement continues. Unless we can change that sense of entitlement—the culture in this House—we will not change the standing in which we are held by the public.
Why do we find ourselves in this situation? Why do we keep coming back to this place, time and again, where we become our own worst enemies? I can answer that question in two words: safe seats. The existence of areas where parties can depend on the return of a Member of Parliament with a majority of tens of thousands without making any real effort creates that sense of entitlement.
Someone offering themselves for re-election should never be a formality, but for many people elected to this House it is exactly that. Follow the money and look at the expenses returns: in marginal seats the expenses are right up to the limit, and in the so-called safe seats the party makes the smallest possible expenditure. We talk about having a national election, but in truth we campaign only in an ever-reducing base of marginal constituencies.
Wera Hobhouse
My right hon. Friend is making an excellent speech. For a long time people have complained that our country and our political culture are divided and polarised. Does he agree that a proportional system would go a long way towards bringing people together and stopping divisive politics?
Mr Carmichael
I believe it could do. I think we have to be careful not to oversell it, because the electoral system is only part of the story. The principles of those who are elected and their willingness to adhere to those principles when they are here also matter. In referendums in 2014 in Scotland and in 2016 in relation to the departure from the European Union, however, everybody suddenly realised that their vote mattered and that it did make a difference to take part. As a consequence, turnout went through the roof.
The standing of this House in the eyes of our fellow citizens has never been lower. It is now urgent that we address that. We will not address it just through changes to standards, privileges and Committees in this place; we have to change the way in which we are sent here by the electors. We must have a system that gets rid of safe seats so that everybody’s vote, no matter where they live, is of equal value. That is why, Madam Deputy Speaker, I very much hope that you might allow me the chance to test the opinion of the House on new clause 13. It matters to us all and it is now urgent.
Mr Richard Holden (North West Durham) (Con)
I welcome some of what the Government have announced today, particularly the safeguards around postal voting. I could not agree more with the hon. Member for Strangford (Jim Shannon), who already indicated that the Labour party was in office when voter ID checks were introduced in Northern Ireland, and there we have not seen the impact that the Opposition are suggesting.
I start by opposing new clause 1. For me, the question is about who is actually doing the voting and who is making the decision. I just sat on a private Member’s Bill Committee on increasing the age at which people can get married from 16 to 18 in England. Who is making that decision? The argument was made, and basically accepted by the Opposition, that 16 and 17-year-olds are not making it themselves. That is quite an important point. Also, why are we not talking about 13, 14 or 15-year-olds? I cannot understand why 16 is being particularly aimed for, especially when other things—[Interruption.] If Opposition Members wish to intervene, they can stand up.
We have already made big changes over the past few years to raise thresholds to 18, including for cigarettes, as my hon. Friend the Member for Broadland (Jerome Mayhew) mentioned, and for active service overseas in the armed forces. I think that with 18 we have hit a new level that we agree on, so I do not understand why we would want to open that up again.
Brendan O’Hara
If the 75% of 16 and 17-year-olds who voted in the Scottish independence referendum did not make their own choice, who voted for them? If the research that says that they looked for and discovered the facts and made their own choice is not true, who does the hon. Member think voted for them?
Mr Holden
Wait a second—the hon. Member can intervene again if he wishes. I know that he and the Scottish National party do not want to raise the age of marriage to 18; the Scottish Executive have not made it clear so far, but I think they should. Article 1 in part 1 of the UN convention on the rights of the child says that a child is a child until 18 years of age, so I do not understand why the SNP is still backing child marriage.
Lloyd Russell-Moyle
Does the hon. Member not recognise that the same treaty says that under-18s should have a say in the future of their life and have democratic participation in the countries they live in?
Mr Holden
Indeed.
With respect to the Liberal Democrats’ new clause 13, the single transferable vote system is not a proportional vote system, as the right hon. Member for Orkney and Shetland (Mr Carmichael) knows; it is a preferential vote system, so he is arguing in this Chamber for something different from his new clause. That is a particularly important point, because it relates to safe seats.
Let me give an example. Just under 31% of people voted Conservative in 1997, and 43% voted Conservative in 2019. If we look at how those seats have changed between the 1992 Parliament and this Parliament, we can see that there are far fewer safe seats than under either a proportional system or a preferential system. There have been no studies to show that real preferential systems would make seats less safe. In fact, they could even reinforce them and make them even safer. Much more thought is needed before we engage in anything that the right hon. Member is proposing.
I know that my hon. Friend the Member for Bosworth (Dr Evans) will speak in support of his new clause 17. I support the new clause, which I think is a very sensible move. I hope that it can be looked at, either now or at a later stage. My hon. Friend the Member for Heywood and Middleton (Chris Clarkson) spoke better than I can about new clause 5, as did my right hon. Friend the Member for Basingstoke (Mrs Miller) about new clause 11 and new schedule 11.
I want to speak briefly to new clause 15, which stands in my name. It is a probing amendment, but I really want those on the Government Front Bench to think about ensuring that people can be registered only in one area. It is unacceptable that if someone is wealthy enough to own multiple properties, they can be registered in different places and can potentially vote in multiple local elections. I think that they should have to choose where to vote in local elections and where their primary residence is. That would also have huge benefits for the tax system, because we would know where someone’s primary residence was and they could not flip-flop around.
I do not think that owning or renting more property should mean having multiple votes. It is just not defensible that people should be able to vote in more than one place in the same year, at the same time, in the same elections. Why should some people be able to vote more than others? It just does not sit right with me that I could potentially vote hundreds of times if I had hundreds of properties across the country.
New clause 15 is a probing amendment, because we need to look at the issue of double voting. It is not acceptable that people should be able to do it, so I really think we need to look at ways of properly clamping down on it. I am glad to have had the support of so many Conservative colleagues in tabling the new clause. I will not press it today, but I hope that in her comments the Minister will reflect on my suggestions.
Nick Smith (Blaenau Gwent) (Lab)
Over 180 years ago, starting in Blaenau Gwent, thousands of Chartists marched on Newport. From across south Wales, they demanded reforms to elections so that common people could have their voices heard in Parliament. Since then, elections in our country have got more transparent, fair and open, but I am worried about voter suppression, and at stake is the very integrity of our elections.
We all know what is going on in America. Despite the highest election turnout in 120 years, the big lie has been amplified that Trump actually won in 2020. Since then, ordinary Americans are facing higher hurdles to vote in too many states. Raising the bar to lower voter turnout is what the Republican right is up to, and similar tactics here trouble me.
I am particularly concerned about the introduction of voter ID, so I am supporting amendment 1 tonight. Asking for voter ID seems reasonable: someone shows who they are to get a ballot paper. However, it is an old cynical trick: insert an administrative hurdle, dress it up as improving security, watch voter turnout go down—job done, the fix is in. Of course, voter fraud should be stopped, but impersonation is hardly an issue in the UK, and our independent Electoral Commission says the same.
Jerome Mayhew
The hon. Member makes the point that if we put an administrative hurdle, by which he means photographic ID, in the way of the voters the turnout would go down, but that specifically is not the evidence we have seen from Northern Ireland, where the Labour Government put in the requirement for photo ID, and it has been widely accepted and is a general part of voting there.
Nick Smith
I thank the hon. Member for intervening, but those were exceptional times, and I will answer his case in my speech.
Jim Shannon
On that point, the evidential base that the hon. Member for Broadland (Jerome Mayhew) referred to is very clear. There has been success in Northern Ireland and voting turnout has increased, but the statistics also show that 98% of voters already have sufficient ID in place for voting, and we are almost there. All we need is for the other 2% to be done, and Northern Ireland will achieve that goal of having everybody with an ID. If we can do it in Northern Ireland, honestly, we could do it here as well.
Nick Smith
I will answer those remarks in my contribution.
I sat on the Bill Committee, and I heard a High Court judge tell us that voter ID was not the solution. He said, and this is a judge who has done many electoral law cases, that asking for
“ID at polling stations, frankly, is neither here nor there.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 15, Q13.]
The data shows that there were just three convictions for personations since 2016. The proposals really are a sledgehammer to crack a nut.
Nick Smith
I am going to carry on.
We heard about terrible cases of fraud in Tower Hamlets, Peterborough and Birmingham, and of course they must be addressed. The key is for the Electoral Commission and the police to receive the resources needed to enforce our laws, because they do not have them at the moment. Again, the Government’s main witness felt there should be a hit squad at the Electoral Commission. That would make far better use of the millions that voter ID will cost.
We know that about 2 million people do not have the right ID, many of whom are from our most marginalised groups—older people, disabled people, minorities. The nub is that making it harder to gain their ballot paper means that fewer people vote. Reducing turnout undermines confidence in our elections and sows the seeds of doubt in our democracy. I am proud that British democracy was championed from Blaenau Gwent, but the Bill sets backwards the Chartist cause from nearly two centuries ago. I urge all Members who value our democracy to support amendment 1.
Mr Steve Baker
I am delighted to speak in this debate. The first thing I should say is in response to the Scottish National party Front Bencher, the hon. Member for Argyll and Bute (Brendan O'Hara): the betrayal would be not passing the Bill. I refer everyone who is concerned about it to my speech in the first Adjournment debate of this Parliament, where I set out in 15 minutes—I will not be able to shoehorn it into this speech—what has been happening in Wycombe. The idea that personation is not a problem certainly does not accord with my experience in Wycombe. [Interruption.] I am grateful that I have been asked how many have been prosecuted, as that is precisely the problem: it is not being prosecuted.
In that speech, which I hope Members will read, I set out time and again the problems we face, with offences not being prosecuted, sometimes even when we present the evidence meticulously. I will not refer to a court case in detail, but I am pleased that a prosecution is in progress before the courts and I say only that I hope it reaches a speedy conclusion. Once it is concluded, I may have more to say about it—it relates to postal votes. Some Members are kidding themselves, and if their elections are in the kind of condition that they say they are, I very much wish that Wycombe reflected their experience. However, I have to say that elections in Wycombe in some quarters need cleaning up, so I welcome the Bill.
I particularly want to speak to new clauses 15 and 1, amendment 1 and new schedule 1. New clause 15 was tabled by my hon. Friend the Member for North West Durham (Mr Holden), who is not in his place. I am grateful that it is a probing amendment, because it might be a problem if people could not register twice in two different council elections, but I am grateful he has put that point on the record, because there is more the Government could do on the integrity of the electoral roll. As I said in my Adjournment debate, at the last election I saw a WhatsApp message from someone I could name saying, “Right, I have voted in Birmingham. I am now coming to vote against Baker in Wycombe.” You could not make it up: an open admission of a fraud—[Interruption.] Indeed, we put these things forward.
I support the basis of new clause 15. In practice, the electoral roll does not always correctly list voters who are entitled to vote at a particular address, as the entry can often be out of date or we might find that an elector has registered fraudulently. If people are incorrectly listed on the register, that increases the potential for criminality, especially through absent voting. Not all EU nationals are correctly identified with a “G” marker, and we do know that foreign nationals sometimes vote in UK general elections, although they may not know that they are not entitled to do so.
On new clause 1 and 18-year-olds, I am clear that many of the 16 and 17-year-olds I meet in my constituency are thoroughly politically engaged and ready to vote, but we have to take a decision about when somebody is an adult. We heard some of the examples given in the debate. I would far rather we converged consistently on the age of 18, rather than talking about 16 and 17-year-olds.
I said in an intervention earlier, which the hon. Member for Nottingham North (Alex Norris) kindly acknowledged, that it is far more dangerous to vote Labour than to have a pint, and I would certainly stand by that, although I would be grateful for the opportunity to buy him a pint to discuss it. Amendment 1, from the Opposition Front Bench team, deals with removing the voter ID provisions, and I have touched on that already. We have already heard from Members that people will be able to get their ID, but some of the accounts of personation in Wycombe that I have heard are so egregious and yet somehow the officers on duty in polling stations have not felt able to report it and stop it. I hope my hon. Friend the Minister will be able to do much more to equip officers in polling stations to do their duty to uphold the law and make sure that personation is prosecuted. I would certainly be grateful if every instance of it was brought before the courts.
Finally, on new schedule 1, which is about making regulations on registration, absent voting and other matters, of course I support the Government, but I say as briefly as I can that they could have gone further. In the limited time available I simply say two things. The first is that voters need explicit information about their rights in election law, so that when they vote postally at home they know what constitutes an offence that infringes their rights. The other issue is that when a person wishes to challenge an entry on the electoral roll, although it is important that an accused person knows who is accusing them, let us make sure that that name emerges late in the process of a charge, so that we do not deter people from making inquiries.
Valerie Vaz (Walsall South) (Lab)
It is a pleasure to follow the hon. Member for Wycombe (Mr Baker). My hon. Friend the Member for Nottingham North (Alex Norris) did a fabulous job of setting out our opposition to the Bill. I also thank my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) for all her work and for her discussions on electoral reform—that is a private joke between us.
Election law is complex. That is why there is a big book on it called “Schofield’s Election Law”, as anyone who has worked in local government will know. The Bill adds to that complexity. The Electoral Reform society said that it has been rushed through Parliament without any formal consultation or any pre-legislative scrutiny, and two Committees of the House have said that the Government have not provided enough evidence for the changes.
I will touch on three points, the first of which is voter ID. Since when in a democratic society do we need a certificate to say we are eligible to vote? Does the Minister in this Chamber, where women had to watch from behind a grille and then had to fight to get a vote, believe that we should return to something similar? That is happening despite the continuing hurt of the Windrush generation having to prove they live here after their parents contributed to this country. That is happening despite the evidence that during the Government’s trial people were turned away from voting in numbers larger than some hon. Members’ majorities.
The second point is interfering with the Electoral Commission, an independent body. The provisions of part 3 of the Bill are not consistent with the Electoral Commission operating as an independent regulator. Why should Ministers issue operational guidance over how the commission fulfils its functions? What is the mischief the Government are trying to stop? The Electoral Commission is responsible for and acts on everyone’s behalf, not just that of the main political parties. It is the guardian and custodian of free and fair elections. A report from the cross-party Public Administration and Constitutional Affairs Committee made it clear that the Government did not provide evidence to justify why the measures that interfere with the Electorate Commission are necessary and proportionate. I hope that the Scottish Parliament and Senedd Cymru do not approve the strategy that this Government are trying to put through without considering it carefully. Our fellow citizens must have confidence in the system. Why should an independent regulator need guidance on what it should have regard to when carrying out enforcement work?
The third issue is the regulation of expenditure. It is right that the electorate can see who is spending money, but the Bill does not allow transparency. It penalises smaller organisations for joint campaigning. It penalises the Labour party, Her Majesty’s official Opposition, for having affiliated organisations. Will the Minister confirm whether third parties such as Operation Black Vote, which is non-party political and just asks people to vote, will be caught up in the Bill? Easing the regulations for overseas voters, saying to them, “You can vote and you can donate,” while someone living here must have voter ID, is bizarre and illogical. Someone can bid at a fundraiser to win a tennis match with a Minister but not get caught by this legislation, and yet a joint campaign on people’s rights at work becomes illegal.
Finally, the Bill adds to the complexity rather than making things more transparent. There is no confidence in any legislation passed by this Government because they have lost the authority to tell us what to do when they do not do it themselves. If the Government care about the democratic process, the Bill should be paused. Anyone who cares about democracy should vote against it.
Dr Luke Evans
It is a pleasure to be called to speak and to inform the hon. Member for Nottingham North (Alex Norris) about my amendment; he will have been waiting with bated breath because he did not get to address it in his speech. My amendment about the publication of a candidate’s home address is short and sweet. Simply, after constituency, I suggest we insert “or town or village”.
When all of us stood as candidates, we faced the choice of what to put on the ballot paper. Do we simply put the constituency but then have the problem, if we live just outside it, of being perceived as residing in an area that we do not represent? Or do we disclose our full address on the ballot paper for all to see and to remain on some websites for evermore? We know that that puts off candidates. We know that it makes everyone think twice. Unfortunately, we have seen in recent times what this can do, with the sad and most harrowing death of one of our colleagues, Sir David Amess. Safety is really important, so I tabled the amendment with a simple idea. Rather than having someone’s full address or the constituency in which they live, there might be a halfway house that allows candidates to show that they have identity in the area while at the same time preserving their safety.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I rise to speak to new clause 16, in my name and that of Members from four of the parties represented here in Westminster. We tabled the new clause because the Bill has many flaws, but among the worst is the lack of any attempt to clean up the laundromat of British politics, which is now awash with dark money from dubious sources. We cannot in good conscience now pretend we are unaware. The Government can no longer plead ignorance or innocence: they are either careless or culpable and we in this House cannot tolerate the situation for a moment longer. That is why the amendments we are moving are so important.
Our Pandora amendments are simple. They would insist that party donations must come from profits made here in the UK, and they would establish a new regime that would allow the Electoral Commission to call in donations for an assessment on national security grounds. As it happens, the Government have just introduced precisely that regime for investments in critical national infrastructure. What infrastructure in this country could be more important than the essence of our democracy itself? We have heard warnings from Chatham House, the Intelligence and Security Committee and from Lord Evans this weekend that our system of party funding is now wide open.
We have heard and debated in this House the example of Mr Banks, Leave.EU and the mysterious source of his gigantic loans from Rock Services—or was it Rock Holdings? Thanks to evidence given to Carole Cadwalladr and the heroic reporting of The Guardian, we know that there are all kinds of interesting and no doubt innocent connections, such as the fact that Mr Banks’s wife, Katya Banks, was given entry into the country on a passport serially numbered to a passport given to someone who MI5 reported as a Russian spy. That is no doubt completely innocent, but the fact is that, when the National Crime Agency dropped its investigation into the source of the money, it left the source of the money shrouded in mystery. The Electoral Commission was so alarmed that it issued a warning that it could open the floodgates to donations from offshore.
Let me underline why the national security assessment is important to those on the Opposition Benches, but should be of importance to the Conservative party, too. Let us take another honourable donor, Mr Mohamed Amersi, a man who together with his partner has given nearly £800,000 to good causes and who, it would seem, might qualify for a walk-on part in John le Carré’s “The Night Manager”, but not as Jonathan Pine.
Information I have seen from well-placed sources in the Kremlin shows that Mr Amersi is an associate and business partner of people with all sorts of friends, including some with close connections to the SVR and FSB. They include Yuri Lopatinsky, Ernst Stauffer, and Aleksandr Barunin, with whom Mr Amersi worked on several telecom deals, including the takeover of Megafon, the firm later accused by the Georgians of
“illegal business operations and participation in the military and economic annexation of Georgia”.
Mr Amersi made a fortune helping to sell PeterStar to a Luxembourg-based company, which—surprise, surprise—turned out to controlled by Leonid Rieman, who was none other than President Putin’s former telecoms Minister. Coincidence? You be the judge, Mr Deputy Speaker.
Clive Lewis (Norwich South) (Lab)
My right hon. Friend has made some excellent points. The chair of the Trade Union and Labour Party Liaison Organisation, Mick Whelan, has said that trade union money is the cleanest money in British politics, and, listening to my right hon. Friend’s speech, I think I can agree with him. Given that the Bill will make that more difficult, do we not begin to see a pattern forming?
Liam Byrne
My hon. Friend is right and he will horrified to hear that there is more.
Perhaps the most concerning of Mr Amersi’s connections is Leonard Bogdan, a man with very interesting friends in the FSB and the SVR. Mr Bogdan was a minor partner in Tempbank, which held Soviet Union Communist party assets and then specialised in covert foreign transfers. The bank was associated with several Syrian citizens supplying arms to Syria and Iran and was sanctioned by the US Treasury in 2014. But Tempbank also helped to facilitate another sanctioned firm, Hudsotrade, which dealt with Russian arms and ammunition suppliers. Sources inside the Russian Government say that Mr Amersi was involved in these deals, providing finance from Switzerland and the United Arab Emirates, along with private clients from Syria and Iran, to help exports into the middle east. Mr Amersi, it is said, dealt directly with Hudsotrade and two of the shareholders, who were later sanctioned.
Despite those connections, however, correspondence that I have seen shows that Mr Amersi was asked to chair COMENA—Conservative Friends of Middle East and North Africa—a new political interface between the Conservative party and the middle east established
“on the authorisation of CCHQ”.
Mr Amersi says that he had a half-hour chat with officials from the Conservative party before writing his cheques, but on the basis of the evidence to which I have drawn attention today, I think we would all benefit from the Electoral Commission’s being empowered to call in donations for a national security audit. We have allowed this regime for donations and investments in critical national infrastructure; we now need to bring in that regime to clean up the laundromat of British political funding.
Time does not allow me to highlight further coincidences—
Liam Byrne
My hon. Friend is absolutely right. The point is that I can raise questions here that warrant further investigation—questions about, for example, Lubov Chernukhin, the model of generosity who has given the Conservatives £2.1 million, £1.9 million of it after her husband Vladimir—the same Vladimir who was appointed by Mr Putin’s deputy chairman of Vnesheconombank—received money from Suleiman Kerimov. This was a man who was later sanctioned by the United States Treasury, and not only for being a Russian Government official: he was arrested in France for smuggling in hundreds of millions of euros in suitcases.
Then there is Mr Temerko, another honourable man, who has donated £1.2 million to the Conservative party. I am told that the Prime Minister’s whiff-whaff bats are on the wall of his reception room. The only slight issue is that Mr Temerko is the man who used to operate at the very top of the Russian arms industry, with connections high up in the Kremlin—but, of course, Mr Temerko is an honourable man. He works with another honourable man, Mr Fedotov, who is a key shareholder in Aquind Ltd, which, The Guardian reports, has donated £700,000 to the Conservative party, along with another firm. This is, unfortunately, the same Mr Fedotov who, according to the Pandora papers, has revealed that his fortune was made through an offshore financial structure in the mid-2000s, at about the time when it was alleged to have been siphoning funds from the Russian state pipeline company Transneft. But, of course, Mr Fedotov is an honourable man.
Mr Deputy Speaker (Mr Nigel Evans)
Order. I am sorry, but the right hon. Gentleman has taken his two interventions, and his time is now up.
Tom Randall (Gedling) (Con)
Like my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), I served on the Bill Committee. It was my first time on a Bill Committee on a major piece of legislation. I do not know how often there is a change in Minister, PPS and Whip during a Bill Committee, but I congratulate my hon. Friend the Minister, and my hon. Friends the Members for Devizes (Danny Kruger) and for Castle Point (Rebecca Harris), on getting up to speed on the Bill so quickly and taking us through the Committee.
Bill Committees can sometimes be sleepy affairs, but that one, like this debate, certainly was not. We had vigorous debates on various parts of the Bill, including the measure on voter ID, which I fully support, as it closes a vulnerability in our electoral system. We discussed a number of points surrounding voter ID, including many examples from abroad—countries such as Ireland and the Netherlands. We are now, through this Bill, introducing a form of legislation that will make us more European, in many ways, than we were. It is interesting that the Opposition parties that would have had us remain members of the European Union are so resistant to a system that is more in line with our continental friends than what we have at the moment. It will be a more secure system. I accept that there is a lot of work for Government to do in order to popularise and inform voters of these measures, and also to roll out the electoral ID card that will be introduced, but if the measures are introduced properly, there is no reason why anybody should be left out.
It is said that these are solutions in search of problems, but problems have been identified in places such as Tower Hamlets, Slough, Wycombe and Birmingham, among others, and this Bill will finally address them.
Jerome Mayhew
In an earlier speech, reference was made to an electoral judge suggesting that personation was neither here nor there, but does my hon. Friend recall the evidence to the Bill Committee where that electoral judge, in a judgment during the Labour Administration of 2005, said, “If you don’t look for fraud you won’t find it”, and described the Government as “having its head in the sand” on this issue?
Tom Randall
My hon. Friend is absolutely right. One of the key problems is not only not looking for it—it is a matter of training. There is a big problem that needs to be addressed in terms of making sure that the police are aware of electoral law issues and getting them out there to go and investigate. He is completely right that a lot of this goes undetected.
I am pleased to see that the clauses on undue influence remain. I spoke on Second Reading about having to run the gauntlet of people trying to use intimidating behaviour on election day by thrusting leaflets into people’s faces. The central thrust of many of these measures is to protect the security of the ballot. I appreciate that I may be slightly testing the limits of what I am allowed to say on Report, but I have seen today an email from Scotland Yard to somebody I know who has reported an alleged breach of the secret ballot, but advice from the Electoral Commission and the local authority concerned is that the onus is on the individual who cast their vote to claim that secrecy has been breached. I would suggest that that is contrary to section 66 of the Representation of the People Act 1983, which says that every returning officer, presiding officer, clerk, candidate, election agent and polling agent
“shall maintain and aid in maintaining the secrecy of”
the vote. So if this legislation is to be reformed further in the other place, it should not be by removing the parts that we have introduced, but by giving some consideration as to whether the need to maintain a secret ballot is restated in primary legislation.
We have heard the argument for votes at 16, which I will not support. We have raised the age of marriage to 18, we have raised the age at which people have to be in education or training from 16 to 18, and the age at which you can smoke was raised by the Labour Government to 18. We have raised the age at which people can buy a lottery ticket from 16 to 18, I am sure with the Opposition’s support, as well as the age at which people can buy alcohol. Voting is an adult activity; it is something that adults do—if we want to encourage younger people to vote, I see no reason why we cannot introduce votes at 12. I think all the arguments advanced by Opposition Front Benchers could also apply to 12-year-olds.
I support the measures in this Bill. I look forward to its going on to Third Reading and the other place, and to seeing those measures come on to the statute book as soon as possible.
Several hon. Members rose—
Deidre Brock (Edinburgh North and Leith) (SNP)
I rise to speak to my new clause 18, and I declare an interest as a member of the all-party parliamentary group on electoral campaigning transparency.
The Bill has almost nothing to say about the acute issue of secretive campaign finance filtering into British politics. The use of unincorporated associations reveals loopholes that are being used to funnel dirty and dark money into the UK electoral system. As the Committee on Standards in Public Life has warned, these groups can offer a route for foreign money to influence UK elections.
The purpose of the new clause is explicit in not placing an extra burden on the many thousands of small UAs such as sports clubs, which for various reasons want to maintain structures that have no legal existence separate from their members. Equally, I am not arguing that UAs should be banned altogether from donating to political parties; rather, the issue is about addressing the loophole that allows UAs registered with the Electoral Commission to make political donations without conducting adequate permissibility checks on their original donors.
Unincorporated associations are associations of two or more people that do not fall into any of the other categories for permissible donors; the two or more people do not necessarily need to be resident in the UK, only on the electoral roll. The Electoral Commission identified two key vulnerabilities in its submission to the Committee on Standards in Public Life. The first was that although UAs are included in the list of permissible donors, as long as they are UK-based and carry on business or other activities in the UK, those who give money to them are not required to be permissible donors. A UA could, in fact, legitimately receive money from overseas sources and donate it to political parties. If a donation is over the Political Parties, Elections and Referendums Act 2000 threshold of £25,000 in a calendar year, the UA will have to disclose whatever details it knows of the name and address of the person who made the gift, but it would not be prevented from receiving and then donating that gift. Secondly, no transparency is required from UAs when they provide donations to candidates rather than to parties.
The UK Government insist that the current checks are comprehensive and offer sufficient transparency, but the entire public register of donations to UAs amounts to just half a dozen gifts. All were made to the same Conservative association, the Trevelyan Campaign Fund, with the most recent gift recorded in November 2014. That means that it is more than seven years since a donation to an unincorporated association was registered.
To provide greater confidence in the original sources of donations, the permissibility requirements for UAs need to be strengthened. As investigative journalists such as Peter Geoghegan have helped uncover, UAs can be set up with the sole purpose of siphoning money to political campaigns. Perhaps the most infamous example is the Democratic Unionist party’s £435,000 donation to Vote Leave, which was channelled via a UA, the Constitutional Research Council. It was consequently fined just £6,000—a penalty totalling little more than 1% of its donations, which could well simply be seen as the cost of doing business. We still do not know who provided that money originally.
It is clear that such punishment offers little deterrent. The Association of Conservative Clubs, which connects affiliated private clubs around the country, explicitly advises members to set up as UAs rather than limited companies. Those clubs have given well over £1 million to the Conservatives. New clause 18 would quite simply require unincorporated associations that meet the threshold for registration with the Electoral Commission to conduct checks to establish whether a person donating for political purposes is a permissible donor and, if not, to reject that donation as the Committee on Standards in Public Life has recommended. I will have to leave it there.
Robbie Moore (Keighley) (Con)
It is a pleasure to speak on this Bill as it continues to progress through this place. I welcome the actions that the Government are taking to make our elections fairer. Changes to the electoral process have been due for some time, and I was proud to stand on a manifesto in 2019 that promised finally to do something about the situation.
The issue of postal vote misuse is particularly important for my constituents when it comes to elections. With that in mind, I put particular focus on new clause 11 and new schedule 1, which have been put forward by the Government. The new clause gives attention to postal votes regarding how applications are made and the verifications needed to make them. As I have previously said in this place, postal voting is an undeniable problem in Keighley and Ilkley. My constituents have expressed their anger and confusion at how it is so easy for people to get away with distorting our electoral process. In fact, my constituency is deemed to be at high risk of such fraud, with one in five reports of electoral fraud coming from the West Yorkshire area. This includes cases of bribery, false statements and exerting undue influence on voters. In Keighley it is well known that postal votes are manipulated during general and local elections and other votes.
Mr Holden
Does my hon. Friend agree that, across the country, people are concerned about postal voting? I am sure hon. Members have heard this whenever they campaign in elections. I stood in council elections in Tower Hamlets back in the mid-2000s, I stood in Preston in 2015 and I have stood in North West Durham. Wherever I have gone, I have seen concern about postal voting. I was delighted to take my constituency from a Labour Front Bencher who stood at the last election, but there is widespread concern, so these amendments are incredibly important.
Robbie Moore
I absolutely agree with my hon. Friend, and I am delighted he is here, having taken the constituency from a former shadow Minister.
The manipulation of postal votes during elections comes in several forms. The head of a household might guarantee multiple postal votes for a candidate, with other family members not even having a say in using their basic right to vote. There is also false registration, individuals being put under undue pressure to give away their postal vote and individuals being registered to vote in multiple households where it is clear they do not reside.
New clause 11 will help, but I would be grateful for further assurances from the Government that it will help to address all these problems. I feel the Government could go further by shortening the amount of time someone can vote by post before having to renew their registration and prove their identity, perhaps to one electoral cycle. New clause 11 contains flexibility, and I therefore urge the Government to explore this issue further. Likewise, further information is needed on how plans to stop political campaigners handling postal votes in public will prevent mishandling from happening behind closed doors.
New clause 15, tabled by my hon. Friend the Member for North West Durham (Mr Holden), is a probing amendment that I wholeheartedly support. A person should be entitled to register at only one address in the United Kingdom at any one time. I also welcome new clause 17, tabled by my hon. Friend the Member for Bosworth (Dr Evans). Although I appreciate it is also a probing amendment, candidates should be able to ensure their security while comforting the electorate by identifying where they reside, which is vital.
I welcome this Bill, which is definitely a step in the right direction, but I ask my hon. Friend the Minister for further assurance that it will be robust enough to tackle postal vote fraud and the other issues I have outlined.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
Although I do not wish to repeat in detail the excellent points made by so many colleagues, I want to put on record my unequivocal opposition to the Bill in its current form.
On the issues that this Bill does not cover, last week I tabled new clause 10 that would amend the Representation of the People Act 1983 by removing the current requirement for public notice of the address of election agents, including where candidates are acting as their own election agent. Instead, it would allow for the general area in which the address is situated to be published, and would apply to parliamentary and local elections across the UK. Why is that important? Where a candidate is a lone election agent, the law could very well lead to their home address entering the public sphere.
Politics, by its very nature, can be divisive—look at the anger that this Bill alone has triggered. When we stand for election, we know that that comes with associated risks. Sadly, it becomes essential for us to be hyper-vigilant about our personal safety. Those who are privileged enough to win a seat are afforded some support in that respect, but those who do not win do not get the same support, despite the increased profile that even standing for elections will bring in the local community in many cases.
For me, there is an even more vital consideration. Many of us do not live alone, so we are not taking a solely personal risk. If a successful candidate acted as a lone election agent and were suddenly thrust into a very bright national spotlight, their home address would be out there for anyone to find. Our families do not sign up for the personal safety risk that our jobs bring them—we do. Our husbands and wives, children and, in some cases, parents and siblings, could be at risk, too. That is not acceptable.
I hope that the Minister and the Government see the value in new clause 10 and will consider including it in the Bill. I thank the hon. Member for Nottingham North (Alex Norris) for tabling amendment 2 to strengthen the accessibility requirements for blind and partially sighted voters.
This year marks the 150th anniversary of the Ballot Act 1872, which gave citizens the right to vote independently and in secret. It is absolutely essential that any new legislation does not limit that right, even unintentionally.
Jerome Mayhew
The right hon. Member for Orkney and Shetland (Mr Carmichael) said that there was too little time for this debate, but those of us who sat on the Bill Committee will not recognise that feeling, because we had days of seemingly interminable debate, much of which has been repeated this evening.
Patrick Grady
I am afraid that I completely disagree. I sat on the Bill Committee, which the Government rushed through with two days left. As none of the Back Benchers participated, the entire Committee collapsed. I entirely agree with the right hon. Member for Orkney and Shetland (Mr Carmichael): the way the Bill has been rammed through this House is a complete and utter disgrace.
Jerome Mayhew
We will have to agree to disagree on that because there was very lively debate in Committee.
I have made a number of interventions, so I will keep my comments short and on only two points. First, on new clause 1 and voter ID, others have spoken movingly—both in evidence to the Bill Committee and this evening—about the impact of voter fraud and the need to take reasonable steps to minimise it. The first step is voter ID, and I fully support what the Government suggest on photographic ID, but for that to be effective, the second step is to have prosecution where evidence is established that a crime has been committed. Much of the evidence that the Committee heard was frustration that the police or the Electoral Commission did not take allegations of fraud sufficiently seriously and bring them before a tribunal.
That brings me to clause 13, which deals with the Electoral Commission’s assumed power to become a prosecution body in its own right. I am very glad that the Government have taken this opportunity to re-establish the status quo, which should be that the police and the CPS are the relevant prosecuting authorities, in part because of the obvious conflict of interest. The Electoral Commission is the body that provides advice and guidance on electoral law. If it then takes off its regulatory hat and puts on its prosecuting hat, it is marking its own homework, which is a clear conflict of interest.
A wider point about the prosecution of crimes in this country, and one that was picked up by the Law Commission recently, is about a move away from what are described as “private prosecutions”, including by the Post Office—we need only mention the Horizon scandal to see why it is clearly wrong for the Post Office to be its own prosecuting authority—and, in my submission, the Care Quality Commission, which I know the Law Commission is looking at. We should move the power of prosecution and responsibility of prosecution away from those private prosecuting bodies and to the CPS and the police.
There is one message that I would like the Minister to take away and think seriously about. It is all fine and well for us to make the laws in this place, but if they are not taken seriously and investigated seriously by the police, leading to prosecutions where the evidence passes the evidential test, we are on a hiding to nothing.
In much of the evidence that came out in the evidence sessions in Committee, and in the experiences of hon. Members on both sides of the House, there was a huge degree of frustration that allegations of electoral fraud were not taken seriously by the police, who seemed embarrassed and unwilling to get into what was seemingly a political area. Instead, the police should realise that the full implementation of our electoral rules is incredibly important and that the defence of our democracy requires them to take those rules seriously.
Cat Smith
I begin by disagreeing with the hon. Member for Broadland (Jerome Mayhew). I do not feel that the Bill has had sufficient time to be properly scrutinised by the House. This is the first time that we have had the opportunity to discuss the legislation since the publication of the PACAC report. There are members of that Committee who have yet to speak and the time is now 8.45 pm. I flag to the Minister that if that is her approach to constitutional Bills, she will not bring the whole House with her, which is a dangerous precedent to set.
On amendment 1, which would remove the voter ID clause in the Bill, many Opposition Members have clearly set out the case. Ultimately, it comes down to what is proportionate. Obviously, cases of voter fraud should be pursued by the police and the Electoral Commission, and our police forces should have the resources to be able to pursue those people to get justice, but is the requirement to show photo ID proportionate to the scale of the crimes that are happening?
In 2019 there were only 34 allegations of impersonation, which is probably the widest way that we can look at it, which works out as 0.000058% of all the votes cast. As was pointed out by the shadow Minister, my hon. Friend the Member for Nottingham North (Alex Norris), who made such a good first appearance at the Dispatch Box on this topic, someone is more likely to be struck by lightning three times.
I flag that while Neil Coughlan is waiting to have his case heard by the Supreme Court, there is a question mark over the way in which the pilot trials were conducted. I urge the Minister to take a closer look at that case and assess whether this is the right time. The PACAC report was clear that the measures are being rushed through and that, with cases still before the courts, it is not a sound way to legislate.
If the Government want to fulfil their manifesto commitment to ensure votes for overseas electors, they can do so by decoupling the permission to donate, because that seems to be where the tension is in the House. If the Minister is seeking to bring about compromise on this important Bill, she could do that by accepting new clause 2.
On the Electoral Commission, it is right that it is accountable to us in this House. Throughout the proceedings on the Bill, Ministers have stood up and said that Ministers can make strategic statements for other bodies, but this is a body that regulates political parties, and the party of Government gets to decide the strategic direction for the Electoral Commission, which would then be challengeable in the courts.
There is nowhere else globally—I have tried to find an example—where that happens. Our democracy most closely mirrors New Zealand, Australia and Canada, whose electoral commissions are independent. It is important that the voters have confidence in an independent Electoral Commission. This Bill will throw that into doubt, and by throwing that into doubt we are throwing the confidence in our democracy into doubt.
I wish that I had longer to speak, because there is an awful lot that I would like to say about a pattern of behaviour that has been emerging over the last decade from this Conservative Government, including the introduction of individual electoral registration. We lose 2 million voters and that is the snapshot they use to propose a boundary change to reduce the number of MPs to 600. Then a general election throws up some different results and suddenly we are back up to 650 MPs. We look at the Owen Paterson affair, which involved changing the rules to protect their mates. Democracy in this country is a precious thing. It is under threat globally.
Ian Lavery
Does my hon. Friend agree that this Bill is not really about updating electoral law? It is about driving a bulldozer through the electoral processes of this country, demolishing our democracy, disenfranchising 6 million trade unionists, disenfranchising charities and vulnerable people, and moving them away from voting in this country, rather than towards democratic process.
Cat Smith
I completely agree with my hon. Friend. This should have been a Bill to solidify and make our electoral laws more simple and straightforward, but it actually adds an extra layer of complexity.
Criminalising political protest through the Police, Crime, Sentencing and Courts Bill, removing the 15-year rule, which opens our democracy to foreign money, and gagging unions and charities from campaigning in elections while making it easier for foreign money to flood our political systems demonstrate a pattern of behaviour from this Government that is undermining democracy in this country.
I believe that the Minister is a good person, and that the previous Minister is a good person. When the previous Minister gave evidence to PACAC, she made it clear that she would not give political direction to the Electoral Commission, but she was not the Minister forever, and the Minister who sits here today will not be the Minister forever. The Conservatives will not be in government forever. We need to ensure that when we in this House legislate, we prepare for the worst-case scenario. If a fascist or far-right party got control, and we had set up structures that allowed it to ride roughshod over our democracy, could we honestly say that we had done a good job? I do not think so.
Mr Deputy Speaker (Mr Nigel Evans)
I call John McDonnell. There will be no time limit, but he must resume his seat no later than 8.55.
John McDonnell (Hayes and Harlington) (Lab)
I congratulate my hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) on the work she has done, and also my hon. Friend the Member for Nottingham North (Alex Norris) on his eloquent presentation. I serve on the Public Administration and Constitutional Affairs Committee, and we have urged the House to pause the Bill and not go forward. I too am offended by the limited amount of time that we have been given this evening. The reason we said that is that with constitutional changes such as these, we need to build confidence. The way to do that in the parliamentary process is to have a draft Bill, a Joint Committee and adequate debate before bringing the legislation back here. We took evidence from a whole range of people, and we found no one who supported the Bill being developed at this pace. Helen Mountfield QC said that we risked the allegation that this was being done for political advantage. I regret that.
I want to deal briefly with the voter ID issue. Personation was the issue that was presented to us, but we found limited evidence of that. Also, the pilots were limited. We had one big pilot, though, and it was in Northern Ireland, where 2.3% of the electorate dropped out. If we extrapolate that to our electorate here, that would mean over 1 million people dropping out. Who would that be, most of all? It would be elderly and disabled people, those in residential homes, and members of the BAME and LGBTQ communities.
The reality is that this Bill is being pushed through. Unfortunately, I believe that it is part of a process of voter suppression and that the Conservatives are learning lessons from America. What I fear most of all is the interference in the Electoral Commission, because that presages the Government coming back with more that will undermine our democracy. I believe that would be a stain on this House.
Kemi Badenoch
With the leave of the House, I would like to address some of the points that were raised during the debate. I am afraid that I will not be able to speak to all the amendments. I have to say that I am disappointed, but not surprised, that the Opposition remain unable to see the necessity of this simple and proportionate protection for the integrity of our ballot. The fact is that voter ID is supported by the Electoral Commission. It is backed by international election observers who have repeatedly called for the introduction, saying that its absence is a security risk. It is long-established in liberal democracies across the world and is already in place in Northern Ireland.
The Opposition have suggested that specific groups, such as young people or ethnic minorities, would automatically be unwilling or unable to access the freely available voter card. These suggestions are based solely on assumptions about implementation—assumptions that are incorrect and harmful. I will be unambiguous in setting this out. Anyone who is eligible to vote will continue to have the opportunity to do so. The voter identification policy proposals have been informed by a significant amount of research. I reject the points made by the right hon. Member for Hayes and Harlington (John McDonnell). That is not the research that has been carried out by the Cabinet Office, which is quite robust. A significant amount of work has been done with civil society organisations and other key stakeholders.
I thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for her point about the length of election campaigns. She will know that I have looked into this issue, but I am afraid that I have not been able to find the perfect solution for her within the Bill. I acknowledge many of the points that she has made about lengthy campaigns, but I draw her attention to the argument made by the Association of Electoral Administrators in its written evidence to the Joint Committee about the risk of disenfranchising potential electors were the period to be shortened.
I shall also respond to some of the questions from the right hon. Member for Walsall South (Valerie Vaz) on joint campaigning. The measures are simply intended to strengthen the principle of spending limits already in law. They protect the level playing field by ensuring that groups cannot unfairly expand their spending limits when they are conducting a joint campaign. It is logical to extend this principle to political parties and third-party campaigners who work together. All registered political parties and third-party campaigners will be able to continue to campaign as they do now, but they will have to account for any spending that is part of a joint campaign in which they are involved. She also asked specifically about groups such as Operation Black Vote, which is simply campaigning to encourage people to vote. It will not be caught by those new rules as it would not qualify as regulated election campaign expenditure.
There were several issues raised by hon. Members on candidates’ home addresses. I have noted the concerns that my hon. Friend the Member for Bosworth (Dr Evans) raised about the current provisions. However, any further amendments in this space, although they may seem straightforward at first sight, would entail challenges for consistency in the rules that need to apply equally across differing areas of the country and that require careful and comprehensive consideration. The drafting of the proposed amendment, if accepted, would work well for candidates in rural areas, but it may lead to a less consistent approach for those in cities or remote locations. However, I am grateful that he says this is a probing amendment. I will ask my officials to explore these important issues and remain open to further conversations about how we can improve the current system.
I turn now to new clause 15, tabled by my hon. Friend the Member for North West Durham (Mr Holden), which deals with dual registration. I thank him very much for the points that he raised. He is right that voting twice in an election to the same body is a violation of the principle of one person, one vote. It is an offence that already carries a considerable penalty. I share the desire to take action to reduce the risk of this happening, but I do not think that the new clause would achieve that aim. It would be costly and impractical to implement at this time. I am sympathetic to the broad intention of the new clause, which is in line with the Government’s commitment to strengthening security and reducing the opportunity for fraud. This is also similar to new clause 10, tabled by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier). I understand the points that she raised. We do not think that the amendment is appropriate, for similar reasons, but I am open to further conversations.
I recognise many good points raised by my hon. Friends, including my hon. Friend the Member for Wycombe (Mr Baker), saying that we could have gone further. I am sure that this is not the end of looking at electoral integrity. We will continue to see how the franchise can be strengthened. I urge Members not to support the Opposition amendments. I hope the Government amendments will be supported.
Question put and agreed to.
New clause 11 accordingly read a Second time, and added to the Bill.
New Clause 12
Purposes referred to in section 39
“(1) This section sets out the purposes referred to in section 39.
(2) The first purpose is influencing the public, or any section of the public, to give support to or withhold support from—
(a) a registered party,
(b) registered parties who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of such parties, or
(c) candidates or future candidates who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of candidates or future candidates.
(3) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (2), it is immaterial that it does not expressly mention the name of any party, candidate or future candidate.
(4) The second purpose is influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate.
(5) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (4), it is immaterial that it does not expressly mention the name of any candidate or future candidate.
(6) The third purpose is influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder.
(7) The fourth purpose is influencing the public, or any section of the public, to give support to or withhold support from elected office-holders who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders.
(8) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (6) or (7), it is immaterial that it does not expressly mention the name of any elected office-holder.
(9) The fifth purpose is influencing the public, or any section of the public, to give support to or withhold support from—
(a) the holding of a referendum in the United Kingdom or any area in the United Kingdom, or
(b) a particular outcome of such a referendum.
(10) For the purposes of determining whether electronic material can reasonably be regarded as intended to achieve the purpose mentioned in subsection (9)(b), it is immaterial that it does not expressly mention a particular outcome of a referendum.
(11) In this section “referendum” does not include a poll held under section 64 of the Government of Wales Act 2006.”—(Kemi Badenoch.)
This new clause and Amendments 22 and 23 replace the purposes set out in clause 39(3) as the purposes intended to be achieved by paid-for electronic material in order for Part 6 to apply to the material. In particular the New Clause makes it clear that this covers material in support of categories of parties, candidates and elected office-holders and applies whether or not the material expressly names the party etc.
Brought up, read the First and Second time, and added to the Bill.
passes funded by the Government of the United Kingdom | an Older Person’s Bus Pass a Disabled Person’s Bus Pass an Oyster 60+ card a Freedom Pass |
passes funded by the Scottish Government | the National Entitlement Card |
passes funded by the Welsh Government | a 60 and Over Welsh Concessionary Travel Card a Disabled Person’s Welsh Concessionary Travel Card |
passes issued under the Northern Ireland Concessionary Fares Scheme | a Senior SmartPass a Registered Blind SmartPass or Blind Person’s SmartPass a War Disablement SmartPass or War Disabled SmartPass a 60+ SmartPass a Half Fare SmartPass. |
“Rule 19B (preparation of date of birth lists) | In paragraph (1)(b)(ii), for the words “register of parliamentary electors in Great Britain” substitute “register of local government electors in Great Britain”.” |
“In paragraph (1DC), for sub-paragraph (b) substitute— “(b) where the voter is registered in a register of local government electors in Great Britain, paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.”” |
“Rule 53B (destruction of date of birth lists)””. |
“In subsection (2A), for “register of parliamentary electors in Great Britain or Northern Ireland” substitute “register of local government electors in Great Britain or a register of local electors in Northern Ireland”; |
“In subsection (7A), for “subsections (6) and” substitute “subsection”.” |
Kemi Badenoch
I beg to move, That the Bill be now read the Third time.
I thank all Members across the House who have engaged in debating the substance of the Bill on Second Reading, in Committee and on Report today. I also thank my officials for their hard work in getting me up to speed so quickly on the policy, after I took over from my hon. Friend the Member for Norwich North (Chloe Smith). I wish to thank my Conservative colleagues for their thoughtful, informed contributions and support for these important measures—in particular, the members of the Bill Committee, and my hon. Friends the Members for Heywood and Middleton (Chris Clarkson), for Gedling (Tom Randall) and for Broadland (Jerome Mayhew) for their careful consideration of so many Report stage amendments.
I also want to acknowledge the work of the former shadow Secretary of State for young people and democracy, the hon. Member for Lancaster and Fleetwood (Cat Smith), together with the hon. Members for Putney (Fleur Anderson), for Argyll and Bute (Brendan O’Hara) and for Glasgow North (Patrick Grady). While we may not always have agreed on the policy, I welcome their engagement and indeed the challenge on a number of the provisions. Scrutiny in this place is designed to enhance the quality of our legislation, and indeed on a number of points I did ask my team to consider where we might want to think further on the details.
As always, it is a pleasure to engage in reasoned and informed debate on all matters relating to the integrity of our elections. I know that all of us on both sides of the House share the common desire to keep our elections secure, fair, transparent and up to date so that our democracy can continue to thrive. Fundamentally, that is what the Bill is about. It delivers on the Government’s manifesto commitment to ensure the integrity of our elections and it will protect the right of all citizens to participate in our elections while feeling confident that their vote is theirs and theirs alone. I commend the Bill to the House.
Alex Norris
There are many difficult decisions to make in this place—matters of fine balance, of public policy or of genuine disagreement—that are hard for all right hon. and hon. Members, but this is not one of those. This is a bad Bill brought forward by a bad Government in the pursuit of bad intentions. They have pushed it through without pre-legislative scrutiny, avoided the Committee of the whole House and changed the electoral system for duly elected posts in this country between Second Reading and Committee and during Committee stage.
The Bill has been rushed. It has been debated today on tiny margins—Third Reading will last for seven minutes. The Government could have sought to build consensus, if they had really wanted to tackle the problems that they said they did, but they have not.
What is the sum total of the Bill, when we take account of what the Government have proposed? If someone lives in this country, it will be harder for them to vote. If they live in a tax haven, it will be easier for them to take part. If they work for a poverty charity, it will be harder for them to express their views, but if they have deep pockets, it will never have been easier—[Interruption.] Government Members have had their opportunity; now I will have mine.
The Electoral Commission—an anchor institution in protecting politics from itself—is again to be fettered. That is what the Government want. They want silenced opposition and weaker rules on big money.
As the Minister said in her summing up and in previous stages of the Bill, I know that she has not liked the Opposition, the issues that we have raised or how we have raised them. All I would say is, if she does not like what we have raised, she should wait for the public conversation on the Bill and the conversation in the other place. People will see through it.
I will finish by saying to hon. Members, as they make their decision on the Bill, that there are important questions coming up in the coming days that will define their time and this period in Parliament. This is one of those, because it is indelible. It will be on the statute book and they will be tied to it. We as custodians of this democracy should not be making such changes that weaken it in this way.
Brendan O'Hara
There is no doubt that this is a dreadful Bill designed to undermine democracy, but I put on record my thanks to everyone involved in its passage, particularly all those Members who saw the dangers that it poses to our democracy and sought to oppose it every step of the way. I also thank the staff of the Public Bill Office for, again, the remarkable level of professionalism and assistance they provided throughout the passage of the Bill through the House.
The Bill could have not passed without the support and help of the Committee Chairs, so the steady hand and experience of the right hon. Members for Gainsborough (Sir Edward Leigh) and for The Wrekin (Mark Pritchard) and the hon. Members for Bethnal Green and Bow (Rushanara Ali) and for Neath (Christina Rees) were much appreciated. I put on record my personal thanks to my hon. Friend the Member for Glasgow East (David Linden) for his advice and support in the last few months and to Mr Josh Simmonds-Upton for all his work in preparing us for Second Reading, Committee and the debates tonight.
To my deep, deep regret, the Bill has passed. The irony that it has passed to the unelected second Chamber to try to salvage an element of democracy should be lost on nobody in this House. What has the United Kingdom become? Hopefully our soon-to-be independent Scottish Parliament will look at the Bill as a perfect example of how not to organise an electoral system.
Question put, That the Bill be now read the Third time.
Elections Bill
Tuesday 18th January 2022
(2 years, 11 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 17 January 2022 - large print - (17 Jan 2022)
Elections Bill
Wednesday 23rd February 2022
(2 years, 10 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 January 2022 - large print - (17 Jan 2022)
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I see that there is a large number of speakers down today. That is a testament to the importance of the subject matter underpinning this Bill. Without any offence to anyone, I particularly look forward of course to hearing the maiden speech of the noble Lord, Lord Moore of Etchingham.
The Government committed in their manifesto to secure the integrity of elections, restore constitutional balance and defend our democracy against increasingly sophisticated threats. I am therefore pleased to come before your Lordships for the Second Reading of this necessary Bill, which is a key part of that work.
We have a remarkable democratic heritage, because it has evolved and adapted with time, and overcome new threats and challenges. But it does not do that entirely naturally; it is down to the stewards of that system to actively preserve it—and, at this time, that includes your Lordships. That is why the Bill is necessary, and it is not without careful consideration that we take these steps. The Bill is the product of a number of reviews and reports, and fulfils a number of long-standing commitments.
Part 1 focuses on the administration of our elections—specifically, and most critically, on the principle that all those who are able to vote can do so easily and with confidence in the integrity of their ballot. In the Commons, we heard many times from the Opposition that this is a non-issue and that fraud within our system is not a problem. I am sure we will have the opportunity to discuss that in Committee, but we on this side must respectfully disagree.
Part 1 of the Bill therefore introduces what many consider to be an obvious requirement: the requirement to prove that you are who you say you are before you cast your vote. Everyone is challenged now as to their identity before they vote. Showing photo identification is a reasonable and proportionate way of proving your identity. It is something that we are often required to do in everyday life. Many people would question why it is not already the case; in fact, a recent Electoral Commission report was clear that the majority of the public say that a requirement to show identification at polling stations would make them more confident in the security of the voting system.
Not everyone has a passport or a driving licence, as I have seen inferred in some reporting of the provisions, so I want to underscore at the outset today that it is not just those forms of identification. Set out in the Bill is a broad range of identification that will be accepted. The Bill also makes provision for free voter cards to be produced and made available by local authorities to those electors who require them.
Noble Lords are rightly keen to understand the detail of the secondary legislation in this area and how the card will be administered. I bring to noble Lords’ attention the policy statement published in January by the Minister of State at the Department for Levelling Up, Housing and Communities, which sets out how the new requirements will work, including the application and rollout process that we envisage for the voter card. These proposals have been tried and tested, and not just via the pilots that we ran in 2018 and 2019.
Voter ID is used across the world, including in most European countries and in Canada. Indeed, it is not even a new concept in the United Kingdom, having been in place in Northern Ireland since 2003, when it was introduced by the then Labour Government. We therefore have an empirical example of how the rollout of such a measure can work. In fact, we know that not only has it been operating with ease for decades, it has been successful in upholding the integrity of elections.
Many across this House and the other place—again, this is an area that I expect to engage with in Committee—also have concerns about the integrity of absent voting methods. That is why the Elections Bill will also introduce measures to combat electoral fraud, and to ensure the integrity of the ballot in other ways. Voting by post and voting by proxy are essential tools for supporting voters in exercising their rights. They must remain available options for voters who may not wish to, or cannot, vote at a polling station.
It is not currently possible for electors to register for an absent vote online; those who wish to apply must do so via a paper form that is then posted to their local electoral registration officer. This is surely out of step with the process of registering to vote generally, which can be done online using the Register to Vote digital service for ease and convenience. The Bill therefore provides for an online service through which applications for an absent vote can be made. Identity verification for absent vote applications will be applied to paper applications as well as to applications made online. This will ensure that those applications are legitimate and the absent vote application process more secure, resilient and efficient for both electors and electoral administrators.
In addition, the Bill introduces further reasonable safeguards against the abuse of postal and proxy voting that will not complicate or hinder the process. They include new limits on the number of postal votes that may be handed in by any one individual, and provisions making it an offence for political campaigners to handle postal votes issued to others, unless they are family members or carers of the voter.
Of course, stealing someone’s vote is not always personation or taking someone’s postal ballot. There are also those who wish to intimidate or pressure people to cast their vote in a certain way, or not vote at all—something that is surely wholly unacceptable in any community in this country, in any part of this country, in the 21st century. The existing legislation on this, known as “undue influence”, which originated in the 19th century, is difficult to interpret and enforce. Through the Bill we will provide greater clarity to the police and to prosecutors, making sure that there can be no doubt that it is an offence to intimidate or cause harm to electors in order to influence their vote.
Part 1 also delivers the manifesto commitment of continuing our support of the first past the post voting system, and changes the voting system for police and crime commissioners, combined authority mayors and the Mayor of London from the confusing and overcomplicated supplementary vote system—
Lord True (Con)
—to the tried and tested simple majority voting system, also known as first past the post. I knew there would be a great deal of interest in those provisions on the Liberal Democrat Benches. In the 2011 nationwide referendum— I hesitate to remind them—two-thirds of voters voted in favour of retaining first past the post for parliamentary elections. It is therefore only right that we are consistent in our approach to voting systems and reflect the view of the British people in these important elections. The change to first past the post will provide clear local accountability in a readily understandable way: the person chosen to represent a local area will be the one who directly receives the most votes.
Finally, in Part 1, we are ensuring that in choosing to cast their ballot in the polling station, those who require additional support to navigate that system can receive it. How that support is provided, and for whom, is important. This, again, is a matter which I know we will discuss in some detail.
One size does not fit all, and often serves only to narrow the scope and responsiveness of the system. That is why the Bill is introducing key changes from our call for evidence on access to elections. It will require returning officers to respond to local need and provide each polling station with equipment as is reasonable to support voters with a range of disabilities. We are also extending the definition of who can act as companion to anyone who is aged 18 or over, so as not to limit those people who may require assistance in voting.
Part 2 of the Bill pertains to the franchise. The Government’s manifesto included a commitment to
“make it easier for British expats to vote in Parliamentary elections, and get rid of the arbitrary 15-year limit on their voting rights.”
The Bill will fulfil this commitment. The existing time limit is anachronistic in an increasingly interconnected world. Most British expatriates retain deep ties to the United Kingdom. The Bill will therefore extend the franchise to all British citizens who have been previously registered or resident in the United Kingdom. In addition to that, the changes will facilitate participation by making it easier for overseas electors to remain on the register, with an absentee vote arrangement in place ahead of elections. This will also benefit those who administer elections.
Also relating to the franchise, Part 2 updates the voting and candidacy rights of EU citizens who reside in the United Kingdom, moving to a more reciprocal model fitting of an independent sovereign state. We stand by our commitments to those EU citizens resident here before our exit from the European Union. EU citizens who have been living in the United Kingdom since before the end of the implementation period on 31 December 2020 will retain their local voting and candidacy rights, provided they retain lawful immigration status. This goes well beyond our obligations under the withdrawal agreement and gives the lie to those who claimed that leaving the European Union was an act of xenophobia. For EU citizens who have moved to the United Kingdom following EU exit, local voting and candidacy rights will be granted on the basis of bilateral agreements with individual EU member states, which will reciprocate arrangements for British citizens living there too.
The third part of the Bill relates to the Electoral Commission, including reforming the accountability of the commission to the UK Parliament while respecting its operational independence. It was my noble friend Lord Pickles who found in his review on electoral fraud:
“The current system of oversight of the Electoral Commission—by the Speaker’s Committee on the Electoral Commission—does not provide an effective third-party check on its performance.”
The review was clear that the Electoral Commission needed to change. Part 3 of the Bill therefore introduces a strategy and policy statement, which will set out guidance and principles that the commission must have regard to in the discharge of its functions.
I have read the Electoral Commission’s letter published on 21 February, and I cannot agree with the characterisation of these measures. The Electoral Commission will remain accountable to the UK Parliament and governed by their Electoral Commissioners. This Bill will not change that. The provisions of the Bill do not allow the Government of the day to direct the commission’s decision-making, nor will it replace or undermine the commission’s other statutory duties. This statement will be reviewed regularly and will be subject to parliamentary approval and, in applicable circumstances, statutory consultation. The UK Parliament will be able to reject in full any draft statement that it disagrees with.
The Bill also expands the remit of the Speaker’s Committee on the Electoral Commission and empowers it to scrutinise the Electoral Commission’s compliance with its duty to have regard to the strategy and policy statement. Through this, Parliament will be able to better scrutinise the work of the commission and together, these reforms will facilitate parliamentary scrutiny of the Electoral Commission’s work, while respecting its operational independence.
Part 3 also clarifies that the Electoral Commission may not bring criminal prosecutions, as prosecutions for electoral law should remain with the existing prosecution authorities. Our view is that the proper place for criminal investigations and prosecutions lies with the experts in this domain, namely the police and prosecution authorities. We must not forget that the commission has never brought a criminal prosecution to date, and this provision merely maintains that status quo in practice. This means that our measure will not add any additional burden on prosecution authorities or lead to fewer prosecutions.
On Part 4, we already have a comprehensive regulatory framework for electoral campaigning, which is rooted in the principles of fairness, transparency and the importance of a level playing field. We must ensure that our electoral law continues to uphold these principles. These measures take a proportionate and sensible approach to ensure that those campaigning at elections and seeking to influence voters are subject to transparency requirements and rules that effectively maintain that level playing field. By restricting all third-party campaigning above £700 at elections to UK-based or otherwise eligible campaigners, the Bill also removes the opportunity for ineligible foreign spending at UK elections.
There has been some suggestion that the Bill introduces a loophole to allow foreign donations to UK political parties. Again, I am sure that will be discussed. But I can assure this House that the Bill does no such thing. The measures in this Bill, together with existing controls on who can make political donations, provide a robust and transparent framework to ensure that only those with a legitimate interest in UK elections can spend money on campaigning or make political donations. Donations can only come from permissible donors who have a genuine interest in UK electoral events, such as UK-based or registered electors, UK-registered companies, trade unions or other UK-based entities.
The principle of transparency for the electorate is vital, but third-party campaigners subject to the new lower tier registration threshold will be subject to lighter touch regulation proportionate to smaller campaign spend. In a similar vein, the joint campaigning measures are simply intended to strengthen the principle of spending limits already in law that protect the integrity of the level playing field by ensuring that political parties cannot use campaign groups to unfairly exploit loopholes enabling them to expand their spending limit potential.
I wish to make it clear that our proposals on joint campaigning will capture the regulated election spending of political parties and third-party campaigners working together as part of a common plan, where the various groups are for all intents and purposes operating as a single group. They do not include political parties and third-party campaigners who are simply spending on the same issue or spending on campaigns that are not regulated by electoral law.
I am sure that many in this House will welcome the clarification of the law on notional expenditure included in the Bill that candidates and agents should only be liable for benefits in kind they have actually used, or which they or their election agent have directed, authorised or encouraged someone else to use on their behalf. This will ensure that candidates and their agents can continue to conduct full campaigns without the fear, as found by PACAC in its 2019 review into electoral law,
“of falling foul of the law through no fault of their own.”
Part 5 of the Bill introduces a new offence aimed at helping to protect candidates and others from intimidation. Without a broad range of candidates for voters to choose from, we would diminish representation in this country and stifle discourse. To harass someone or to commit an assault are of course criminal offences already, but this Bill takes it a step further, and ensures that a person who has been convicted of an offence of an intimidatory nature can be banned and stripped of the privilege of standing for public office themselves for a period of five years.
Finally, Part 6 of the Bill delivers on recommendations made by Select Committees and the Electoral Commission to improve public trust and confidence in digital political campaigns. These are very important provisions. They introduce a new digital imprints regime which will be one of the most comprehensive in the world, increasing transparency and empowering voters to make informed decisions about the material they see online.
Before closing, I turn to the legislative consent Motions relating to the Bill. We worked closely with the devolved Administrations in preparing the policies for drafting into legislation. In order to deliver the benefits of coherence and consistency across some of the measures in the Bill, for both reserved and devolved polls, we sought legislative consent from the Scottish and Welsh Governments. Respecting the subsequent request from the Scottish and Welsh Governments to remove all aspects which relate to devolved matters, we are preparing the necessary amendments and will bring these changes forward in Committee. I welcome the indication which both Governments have given that they will consider legislating comparably across a number of areas.
At the beginning of my speech I emphasised that we have a strong history of democratic excellence and a shared devotion to democracy that brings together people on all sides of this House, and that we have a duty to regularly take stock and make the necessary changes that make it fit for the modern age. The sensible and considered measures I laid out here today will continue this legacy and raise confidence even further in our elections.
I assure noble Lords that I will listen extremely carefully, as ever, to all contributions made today and that I look forward to engaging with noble Lords as the Bill goes forward. I commend this Bill to the House.
Baroness Hayman of Ullock (Lab)
My Lords, we have heard from the Minister that the Bill intends to make substantial changes to our electoral law. Despite its stated ambitions, however, it does not tackle the fundamental and widely recognised need to consolidate the voluminous and fragmented body of existing law. In fact, it will do the opposite. Together with the secondary legislation needed for implementation, it substantially increases the complexity of our electoral law and brings in numerous measures about which we have serious concerns.
Having said that, I will start with some positives. It is important that the Bill looks to tackle intimidation, and we support the proposals to extend the imprint rules to digital communications and materials. The Electoral Commission has been calling for this for many years and it is a welcome step to bring our democracy into the 21st century.
On the subject of welcomes, I very much welcome the noble Lord, Lord Moore of Etchingham, to our House, and I am very much looking forward to hearing his maiden speech.
I will now raise our concerns about the lack of consultation and scrutiny received by many of the Bill’s proposals. The Public Administration and Constitutional Affairs Committee agrees and stated in its report that the Bill
“received insufficient public consultation prior to introduction.”
It further added that it
“should have gone through a pre-legislative scrutiny process, with a draft Bill being scrutinised by a Joint Committee. Given the lack of pre-legislative scrutiny and the significance of the measures contained in the Bill, the Government should place a statutory commitment to undertake post-legislative scrutiny on the face of the Bill.”
In short, the whole thing seems to have been constructed based on not much evidence at all.
A more cynical mind might suggest that it is an example of Ministers choosing not to consult because they knew it would be a bruising experience that would not support their proposals. So I ask the Minister why the Government have not consulted on these provisions and whether he can assure your Lordships’ House that
“a statutory commitment to undertake post-legislative scrutiny”
will be
“on the face of the Bill.”
Clause 1 introduces voter ID at polling stations to address the electoral offence of “personation”. However, personation is exceedingly rare in British elections, with just two convictions between 2010 and 2018. The Government have tried to justify their proposals through a precautionary principle: that it might be happening more. While there is nothing inherently wrong with taking a precautionary step, this seems a remarkable basis on which to introduce a policy that seems certain to deny many more legitimate votes than it will prevent illegitimate ones.
The issue of electoral fraud in Tower Hamlets is where this policy has come from, but the problem there related not to personation but to public funds, intimidation and the misuse of postal votes. The judge in the Tower Hamlets case, Richard Mawrey QC, told the Bill Committee in the other place:
“Voter ID at polling stations, frankly, is neither here nor there. Personation at polling stations is very rare indeed”.—[Official Report, Commons, Elections Bill Committee, 15/9/21; col. 15.]
The evidence to support the introduction of voter ID simply does not exist. So why is there such a focus on polling station personation while offences committed via postal voting, where there is far more evidence of electoral fraud, are ignored?
Government data looks at how groups of the electorate will be affected by the introduction of voter ID, but it does not explore whether income level indicates whether someone will already have photo ID. The Joseph Rowntree Foundation has considered the impact of voter ID on low-income potential voters. Its research shows that they are less likely to have photo ID than wealthier potential voters. It suggests that 1 million people will therefore be less likely to vote under the new legislation.
The Government’s own statistics show that 3.5 million people do not have access to valid photo ID. The reality is that these requirements discriminate against some groups more than others. As well as those on lower incomes, concerns have been raised that those who are disabled, older, younger or from ethnic minorities risk being disenfranchised. When voter ID was introduced in Northern Ireland, the turnout at the 2004 Assembly elections dropped by 2.3% as a direct consequence.
The proposals in the Bill expect people without the required ID to get a free voter ID card. Those without such ID are more likely to be excluded from society or disadvantaged, but the Bill contains no detail as to how these cards will be issued and administered, with significant details about the voter card application process left for secondary legislation. So how can the Government guarantee that no one will be disenfranchised?
Can the Minister justify the financial cost of introducing voter ID? The impact assessment suggests that it could be up to £180 million over the next decade. Between the lack of convictions for voter fraud, the lack of allegations and the lack of concern among the electorate, why are the Government proposing to spend up to £180 million to make it harder for some people to vote?
The Electoral Commission has said that the Government should do more to modernise electoral registration to ensure that as many people as possible are correctly registered. It has found considerable potential to evolve the current system to make it more joined up with other public services, and to explore automatic or more automated forms of registration. If we wish to strengthen our democracy, as we should, one of the best ways would be to drive up registration and turnout —so it is disappointing that Ministers have missed the opportunity to encourage participation in elections and do exactly that.
I want now to draw attention to the unique challenges that some disabled people experience when voting. While we welcome the Bill’s stated ambition to make voting more accessible, the RNIB has expressed serious concerns that the current wording inadvertently reduces the legal protections for blind and partially sighted people. Will the Minister proactively work with the RNIB and other interested parties to address their concerns and bring in amendments so that no one is disfranchised because of a disability?
On the proposals on overseas electors, we have concerns that the motivation behind the change to remove the 15-year limit is about creating a loophole in donation law, allowing wealthy donors unlimited access to our democracy through unprecedentedly large donations, so I strongly disagree with the Minister’s interpretation of this part of the Bill. Foreign donors should not be allowed to financially influence our democratic processes. Considering recent developments in Ukraine, the Government must be alert to how Russia and others could use illicit finance to influence our political system. Yesterday, my noble friend Lady Smith of Basildon asked the Leader of the House to commit to speaking to the Prime Minister and the Cabinet about removing these provisions from the Bill. I give notice to the Minister that, if this does not happen, we will bring in amendments to remove these loopholes.
At the same time as increasing the number of overseas electors that can register to vote, the Bill removes the right to vote from certain electors who are resident in the UK, such as some EU nationals. Again, on this issue there is nothing in the Bill that helps to solve an existing problem. A regular complaint from overseas electors is that they do not get their ballot papers in good time to return them to the UK for their votes to actually count. Nothing in the Bill explores using modern technology to speed up this process.
I turn to changes to the regulation of the Electoral Commission. We are very concerned about the intention to make provisions for a power to designate a strategy and policy statement for the commission which will be drafted by the Government. This would seem to be political interference in the regulation of our elections, as the Bill gives the Secretary of State powers to direct the Electoral Commission and require it to follow instructions from the UK Government as to its activities and priorities. This calls into question the commission’s independence from political control by the Government. We are in no doubt that this is a dangerous precedent. When we look to similar democracies, such as Canada, New Zealand and Australia, we see a complete separation between Governments and their electoral commissions.
The Government justify this change by saying that Ministers give guidance to other regulators, but these regulators are not responsible for ensuring that candidates, Ministers and political parties stick to the rules. It is essential that our regulatory framework strikes the right balance between upholding the independence of the Electoral Commission and ensuring that it is properly scrutinised and held to account. The Public Administration and Constitutional Affairs Committee is so concerned about the implications of the Bill on this front that it has recommended that the relevant clauses be removed pending a formal consultation on the proposals.
Part 4 of the Bill amends some of the existing rules that provide transparency and place limits on election campaign spending and funding, with proposals to change the rules on non-party campaigning. This will undermine the ability of civil society organisations, charities and trade unions to engage and campaign in our democracy. It must be seen in conjunction with the proposed extension of joint campaigning rules to include political parties. Plus, the effect of Clauses 24 and 25 together would be to allow the Secretary of State, by statutory instrument, to add, remove or define permitted participants in election campaigning, and therefore to effectively restrict categories of organisation from spending more than £700 on such campaigning in the 12 months leading up to a general election.
In a free and open democracy, elected Governments are scrutinised by opposition parties and civil society. That is part of what makes our democracy healthy. The freedom for civil society to do this and to hold those in power to account is a sign of a strong democracy. This Bill is an attack on some parties more than others. I would say that the attack on the trade unions, and the 6 million people who are members of trade unions, is an attack on all working people’s rights to campaign for fair pay at work and health and safety in the workplace. It is also an attack on the very people who have brought our country through the pandemic. Trade unions are already incredibly heavily regulated and charities will feel stifled and gagged by the legislation before us.
Finally, on the introduction of a majority system for certain elections, we question why that change is needed. The Public Administration and Constitutional Affairs Committee is also correct on this that, regardless of arguments over the benefits or disadvantages of the changes made by the Bill to the electoral system of those offices, the way the proposed legislative change was brought in is unsatisfactory. Making changes such as this after the Bill has been introduced and debated at Second Reading in the other place is disrespectful.
In conclusion, this Bill creates more problems than it solves and is not proportionate. It is a waste of taxpayers’ money that reverses decades of democratic process and needs to be completely overhauled.
Lord Wallace of Saltaire (LD)
My Lords, it is a very personal pleasure to welcome the noble Lord, Lord Moore, and say that I look forward to his maiden speech. When I was a student, the first by-election I worked in was the Cambridgeshire by-election of 1961 in which his father was a candidate. His father, as some Members of this House may already know, was a wonderful and inspiring speaker and would have been an adornment to this House. We hope very much that his son has inherited much of his fluency as a speaker and look forward to hearing more from him.
This Bill should never have reached Parliament in its current badly drafted and highly partisan form. The Ministers who presented it have made no attempt to build consensus on rules that are at the core of democracy. They have largely ignored four authoritative reports: first, the Law Commission report on the simplification of electoral law, published in March 2020; secondly, the Committee on Standards in Public Life—CSPL—review, Regulating Election Finance, published in July last year; thirdly, the Commons Public Administration and Constitutional Affairs Committee—PACAC—report on the Bill itself, published in December; and fourthly, the Intelligence and Security Committee—ISC—Russia report of 2018, which covered issues that this Bill addresses, making recommendations that the Government have also ignored. The Law Commission proposed to simplify and clarify the layers of legislation on electoral regulation. To the contrary, this 171-page Bill adds further layers of complexity. It is a major lost opportunity, as PACAC comments.
Part 4 of the Bill takes almost no account of the 47 recommendations for tightening controls on election donations and spending in the CSPL report. A Cabinet Office Minister told the Commons that there was insufficient time to include any of these in the current Bill. The Government nevertheless found time to introduce over 100 of their own amendments as the Bill as it moved through the Commons—strong evidence that the Bill had been insufficiently thought through beforehand. They even introduced a late amendment to narrow the voting system for mayors, without any prior notice to other parties. The Minister’s introduction suggested that the Government intend to return all elections to what he regards as the tried and tested first past the post system. I assume he is aware that the devolved nations use and prefer different systems.
The PACAC Committee Report is the most damning. It highlights
“potential gaps in the evidence base for the proposed measures”
and states that many witnesses considered that the Government did
“‘not have the evidence to understand the impact of their proposals’”.
It notes that the Elections Bill “does not adopt any” of the recommendations of the Law Commission’s 2020 report and says:
“Given the constitutional significance of the proposed changes to voting and the accountability mechanisms of the regulator of elections, the Committee is disappointed that a Joint Committee was not appointed to scrutinise this Bill in draft, to help ensure the legislation is fit for purpose.”
So a Commons Committee does not consider the Bill in its present state to be fit for purpose. It criticises the
“melange of delegated powers provided for in this Bill”,
and bluntly states:
“The Government should present the draft secondary legislation as early as possible,”
as the previous Commons Minister had pledged to do. The Government have failed to provide this before the Bill reached the Lords.
The report goes on:
“Introducing a compulsory voter ID requirement risks upsetting the balance of our current electoral system, making it more difficult to vote and removing an element of the trust inherent in the current system … Given the potential for a significant number of people not to vote as a consequence of the Voter ID requirement, the Government should not proceed with its proposals”
until further evidence has been provided. It then details the practicalities of implementation and the additional burden on polling station staff, which also need to be clarified.
The report is equally scathing about the further complications the Bill proposes about who can vote in UK elections and who cannot. It recommends giving the vote to all who have settled status on a residency basis, rather than extending the historical anomalies we have inherited. The practicalities of extending the rights of overseas voters have also not been explored. Its potential addition of several thousand extra voters to some constituencies—mainly urban—would negate the Government’s aim to reduce the variation in voter numbers from one constituency to another. Checks on their status and claims will be minimal, in contrast to the additional checks on those who vote in person.
I will leave it to others to discuss the complexities of regulating third-party campaigns and of electronic campaign material—both important issues to which the Committee should devote considerable time. I want to flag up the constitutional importance of maintaining and strengthening the role of the Electoral Commission, and of tighter regulation of campaign finance.
The Conservative Party says that it has lost confidence in the Electoral Commission. The CSPL could not find anyone—any witness—outside the Conservative Party who had lost confidence in the Electoral Commission. The PACAC report concludes,
“The Government has not provided sufficient evidence to justify why the proposed measures are both necessary and proportionate. We therefore recommend that Clauses 13 to 15 of the Bill are removed, pending a public consultation”.
I hope the House will follow that advice. The proposals, the PACAC remarks,
“risk undermining public confidence in electoral outcomes”.
Again, it notes that
“there was no formal or public consultation … and that there is a lack of supporting evidence to demonstrate that the proposed measures are both necessary and proportionate”.
The ISC Russia Report calls for the Electoral Commission to be strengthened, not weakened, saying that
“we have already questioned whether the Electoral Commission has sufficient powers to ensure the security of democratic processes where hostile state threats are involved; if it is to tackle foreign interference, then it must be given the necessary … powers”.
The Government’s response to the ISC’s call for them to publish the evidence they had gathered on foreign influence over campaigns was simply to state:
“We have seen no evidence of successful interference”.
They refused to publish while carefully not denying that such interference has been attempted and that there is evidence of it. We are entitled to know about attempts to corrupt our political processes, particularly when they focus on the party in government.
Part 4 loosens, rather than tightens, the control of expenditure. Britain has a party system in which one party can raise far more money than others, in increasingly large sums from a small number of wealthy donors. The United States is the only other democracy in which controls on party finance are so lax. The Bill aims to enable the Conservatives to entrench that advantage by loosening controls on how those funds are spent.
The Government published their response to the PACAC report quietly last week. It failed to address most of the committee’s powerful criticisms.
This is a constitutional Bill. It reshapes the rules of political campaigning and elections—central elements in a constitutional democracy. I hope the Minister will not try to push it through unchanged, stonewalling in overlong speeches into late-night sittings, as he did on the Dissolution and Calling of Parliament Bill. He used to be a constitutional, one-nation Conservative. He has now become a Johnsonian populist, contemptuous of parliamentary scrutiny challenging the Prime Minister’s interpretation of the people’s will, as he has told us on several occasions.
I remind the Minister of two very different speeches about freedom and democracy in the last two weeks, representing incompatible understandings of Conservative values. The chairman of the Conservative Party, Oliver Dowden, made an extraordinary speech in Washington to the Heritage Foundation about threats to freedom. He asserted that these threats are now centred in our universities and schools—in intellectual elites questioning established values. He said nothing, to a Trump Republican audience, about the threats to freedom from those who refuse to accept the outcome of elections, encourage mobs to attack the legislature, erect barriers to voting by disadvantaged groups, and redraw the boundaries of electoral districts to favour one party against others. His silence suggests that he does not think that constitutional rules matter in democratic politics. This Bill arrives in the Lords with worrying echoes of American Republican ambivalence about democracy as such.
In contrast, Sir John Major, when speaking to the Institute for Government, warned:
“Our democracy is a fragile structure: it is not an impenetrable fortress. It can fall if no-one challenges what is wrong, or does not fight for what is right. The protection of democracy depends upon Parliament and the Government upholding the values we have as individuals, and the trust we inspire as a nation.”
I wish I could be confident that the Minister agrees with Sir John, rather than Mr Dowden.
This Bill aims to tilt the rules of campaigning further in favour of the Conservative Party. It would be a contempt of Parliament for the Government to push it through without careful examination of its half-digested proposals. If it becomes necessary to carry it over into the next Session, that would be better than rushing through democratically dangerous regulations. If the House considers that some clauses require more detailed examination in a Select Committee, following the Commons committee’s criticisms, then so much the better. Constitutional Bills deserve and require far more examination than this Bill has received so far.
Lord Judge (CB)
My Lords, I shall concentrate on Part 3, for today’s purposes at any rate, and will to some extent repeat what the noble Baroness, Lady Hayman of Ullock, had to say. Surely we all understand that there is a constitutional necessity, in a system of democracy based on universal suffrage, that any electoral commission should be wholly and totally independent.
Lord Judge (CB)
I imagine that I heard “Hear, hears” on the government side of the House, as I did among the Cross Benches, so I repeat: surely we understand the constitutional necessity, in a democracy based on universal suffrage, that there should be an independent Electoral Commission.
Lord Judge (CB)
What do I mean by “independent”? Independent of all political parties—that is easy, but there is a further step. The commission must be independent of all direct or indirect political influence, which is rather different, and vested with the responsibility on behalf of the electorate—the entire electorate, whoever they vote for or whether they do not vote at all—first to diminish to extinction the possibility that the party in government would have any sort of undue influence over the election. I should not have used “undue”; there can be no such thing as any influence, however slight, that is not undue. The second consideration is that the electorate must be satisfied that the system protects the independence of the Electoral Commission. It is not just a matter of what the law is—although, as I say, I shall endeavour to explain why in this Bill the law does not protect that—it is about the perception that it is independent. We should look at what is proposed here.
“The Secretary of State may designate”—
so that is the power—
“a statement for the purposes of”
the Act. What is the statement?
“The statement is a statement prepared by the Secretary of State that sets out”—
and I shall go slowly through these words even though I have only six minutes—
“strategic and policy priorities of Her Majesty’s government relating to elections”.
Could the Bill not at least have had the courtesy to say “the strategic and policy priorities of Her Majesty’s Parliament”? New paragraph (b) provides for the statement to set out
“the role … of the Commission in enabling Her Majesty’s government to meet”
their own priorities. New subsection (3) says:
“The statement may also set out … guidance relating to particular matters in respect of which the Commission have functions”.
I will pause there. That is its duty, and it will be subject to reference to the Speaker’s Committee. No disrespect to the Speaker’s Committee, but what is its function? Its function is to see that the Electoral Commission has carried out its own statutory obligations.
What is chilling about the present proposal is that there is no room for the Electoral Commission to say, “We don’t agree with that. That has a huge political advantage for the Government in power.” It might even want to say, “That has a huge advantage for the Opposition”, but it has no discretion of any kind to say, “We disagree with the directives given to us in the guidance or this statement of policy priorities.” It cannot do that; nor can the Speaker’s Committee. The committee does not have the power to do so; it is simply there to make sure that the Electoral Commission does what the Secretary of State has ordered it to do. It is simple enough to read the statute, and I venture to suggest that this is what it says. It is no answer to say that the commission must have regard to the statement when carrying out its functions, as though that imposes a limitation. What it is imposing is an obligation—“must have regard to”. Is that really what we want? We need to think rather carefully about what Part 3 provides for.
I have time for one sub-point. The obligation on the Secretary of State is to consult PACAC, among others, before the statement is produced. If so, why will the Government not listen to PACAC’s observations on this part of the Bill:
“The Government has not demonstrated that the proposed measures impacting the Electoral Commission are both necessary and proportionate, and therefore risks undermining public confidence in the effective and independent regulation of the electoral system”?
That is not the end of it. The report goes on to recommend—on top of its series of recommendations about every one of these clauses suggesting modification and improvement—that:
“Clauses 13 to 15 of the Bill are removed, pending a formal public consultation”
and that the body that is supposed to be consulted by the Secretary of State should be allowed to have its say and have another look.
Lord Moore of Etchingham (Non-Afl) (Maiden Speech)
My Lords, I must thank the noble Lord, Lord Wallace of Saltaire, for his particularly generous remarks about my late father. I was very touched by them, and I will return to them because they are relevant to the theme of my speech today.
I must first apologise to this House for my delay in making this speech. I have spent my life as a newspaper editor, journalist and writer and we of course live by deadlines, but there is no deadline for making a maiden speech so I have procrastinated. But I hope I have some excuse. I was introduced when Covid-19 was going strong, and I found it difficult to acquaint myself with your Lordships’ House in hybrid form. A Parliament means a place where people speak, but the pandemic muffled normal speech. Many of your Lordships could not attend in person; many members of staff were working from home. I thank them all warmly for their kind efforts on my behalf, and it was not their fault that I was uncertain what I should be doing. Today it is an honour—and I must say a relief —to be addressing a fully functioning House at last.
I come from the county of Sussex. Nowadays Sussex is regarded as rich, but our eastern part of the county has traditionally been poor. A few years ago, the Tatler magazine published a satirical illustrated map of Sussex; our little rural patch was marked by a large cactus and the words “Social Desert”. We felt perversely proud of that. Even today, my birthplace, Hastings, is well known for areas of persistent poverty. Robert Tressell’s famous Edwardian socialist novel about poverty, The Ragged Trousered Philanthropists, is set in Hastings. It is subtitled “A season in Hell”. I maintain that modern Hastings has many glimpses of heaven, but problems do remain.
Hastings helps explain my interest in the Bill that we are debating today. In 1844, my great-great-grandfather, Robert Ross Rowan Moore, stood there as the free trade, anti-Corn Law candidate. In those days, the fishermen of Hastings did not have the vote, but they did support free trade. By law, no candidate could be elected unless present in the constituency on polling day, so the fishermen kindly proposed to kidnap my ancestor’s rival, the Tory candidate, and take him out to sea. Sadly, Robert Moore refused the fishermen’s offer and therefore lost the election, but my family still possesses a roll which names the
“one hundred and seventy-four honest and independent electors who voted for Robert R. Rowan Moore and free trade.”
In those days there was no secret ballot. Indeed, that great liberal John Stuart Mill was actually opposed to a secret ballot. He believed that honest men—and it was only men in those days—should publicly declare their allegiance. He was frightened of the corruption that goes with secrecy. As the 19th century progressed, however, people realised that only a secret ballot could prevent intimidation by powerful interests. In 1872 the Ballot Act was introduced. All of us in your Lordships’ House are disfranchised in general elections, so we can look at the matter disinterestedly, I think. I am sure that we all agree that the secret ballot was the right way to go. It was the key means of obtaining the universal franchise which lies at the heart of the development of our modern parliamentary democracy.
It follows that the ballot must be carefully protected from the corruption arising from secrecy which Mill feared. The integrity of the universal franchise is guaranteed by methods of registration and scrutiny. This has been essential for public trust. My late father, whom the noble Lord, Lord Wallace, mentioned, was a lifelong Liberal, and frequently a candidate. He therefore had the distressingly wide experience of losing at nine general elections. I remember, however, that he always expressed complete confidence in the functioning of the system, with one notable exception. This was when he stood in Northern Ireland in 1966. There, the split in the community was so entrenched that cheating was endemic. My father met a man who claimed to have voted unionist 92 times at the previous election and was offering to transfer his favours to him. He high-mindedly refused; like his great-grandfather in Hastings, he remained unelected.
The fact that voting in Ulster was often cooked was a symptom of democracy impaired. That is why Northern Ireland today is particularly careful, more so than the rest of the United Kingdom, to protect the integrity of the ballot. A painful history has taught this lesson.
The benign consequences of electoral trust are extremely high. When working on my biography of Margaret Thatcher, I was struck by how she, and most mainland candidates in the middle of the last century, could draw on public confidence in the ballot. In the 1950 and 1951 general elections, she had no hope of beating the Labour candidate, but the sense of engagement was strong. By the time she had left Dartford, she had raised membership of her constituency Conservative association to 3,160, a figure roughly 10 times greater than modern party memberships even in safe seats. No doubt much of this was due to the young Margaret’s phenomenal energy, but there was also widespread faith in the poll itself.
Nowadays, I think this faith is declining. There is serious controversy about personation, intimidation, proxy votes, postal vote harvesting and so on. In the United States, such issues are now so partisan that they threaten to undermine faith in voting altogether. We must not go down that path.
I have a small direct experience of this issue. Before entering this House, I was legally registered to vote in two places: at home in Sussex and in central London. There seemed to be no check on whether such people, of whom there are hundreds of thousands, were voting twice. In the EU referendum of 2016, I therefore decided to expose the problem. I voted normally in Sussex and then went to London. There, I entered the polling station and handed over my legitimate polling card. I went into the booth and wrote, “I am spoiling this ballot paper in order to show how easy it is to vote twice”, and then I submitted it.
I later described this in the Daily Telegraph, hoping to help the Electoral Commission by drawing attention to the dangers of abuse. After a bit, I got a call from the police asking to come and see me. The officer who arrived was very kind and a little embarrassed. She said that the police were acting at the request of the Electoral Commission. Although I had cast only one vote which could affect the result, she explained that, according to law, I had voted twice. The Electoral Commission wanted me prosecuted, but the police had decided that a prosecution would not be in the public interest. “Please don’t do it again,” she politely added. Some noble Lords may think I acted foolishly, but I hope they can accept that my motive was public-spirited. I must say I remain disappointed that the Electoral Commission showed more zeal in chasing me than in stopping potential abuse.
There are strongly differing views about this Bill. Some rightly worry that too close an invigilation of voters’ identity could deter whole classes of people from exercising their democratic right. Others see greater danger in leaving the vote so open to abuse that elections can no longer achieve a true representation of the people. In a maiden speech, I should not come down hard on one side, but I hope that we, who cannot vote in elections to another place, can unite in recognising that the integrity of the ballot really is a sacred trust. It is a simple act to write a cross beside the name of the candidate you prefer, but behind that act lies a long history of legislation and enforcement which is the work of a high civilisation. It is a continuing, delicate work which we must assist.
Lord Butler of Brockwell (CB)
My Lords, it is a great privilege and a pleasure to follow the noble Lord, Lord Moore, and to be the first to congratulate him on his delightful maiden speech. The noble Lord acknowledged that it has been a long time coming, albeit with good reason. I think the whole House will agree that it has been worth waiting for and that it amply fulfilled the expectations of those who have previously spoken.
As with John Morley always being remembered for his Life of Gladstone, when we are all forgotten, the noble Lord will be remembered for his biography of Margaret Thatcher. Like many others, I gave him such help as I could in that endeavour, in the belief that I was contributing to the objective and definitive history of that time. My trust was never abused and was amply rewarded by the outcome. It is our good fortune that the stimulus and enjoyment which the noble Lord gives us each week through his columns in the Spectator and the Telegraph will be extended to his contributions in this House. I hope we will receive them on a similarly regular basis.
I want to make three short points about the Bill. First, I regret that it has not been subject to pre-legislative scrutiny or, even better, a Speaker’s committee in the other place. It is desirable that legislation on this subject should be submitted to the views and contributions of all parties and, if possible, introduced with all-party agreement. If that does not happen in the Commons, it invites partisan disagreement in this House, and it is clear from the speeches that have already been made that that has not happened. For that reason, it will encounter more difficulties in this House than it otherwise would have done, which is regrettable.
Secondly, we live in a time in which the means of distorting information available to voters have grown hugely in their reach and influence. It is necessary for legislation to protect voters, as far as possible, against the intervention of those with the means and resources to subvert the democratic process, whether that subversion comes from state actors or other interest groups. In this context, the Bill is inadequate. As has been stated, it does not address the concerns expressed by the Intelligence and Security Committee or, more recently, the Committee on Standards in Public Life and the Foreign Affairs Select Committee in another place, about the dangers of secretive campaign finance coming from foreign sources. In passing, I cannot help referring to the paradox that, in my time in government, we used to worry about subversive finance from Russia to the Labour Party; now we worry about subvention from Russia to the Conservative Party.
Seriously, however, I ask the Minister to tell us what the Government are doing about these reports, particularly in current circumstances. I say with all due respect to him that it is not sufficient to say that the Government always consider the advice they get from wise committees and then do nothing about it. These committees are indeed wise. As those of us who serve on Select Committees and other committees find, they take a great deal of evidence and receive contributions from experts, and they need to be taken seriously. There is not likely to be another opportunity for legislation on election issues during this Parliament, and so these matters need to be dealt with in the Bill. The committees that have made recommendations need and deserve a serious response from the Government before the Bill is considered. I mention particularly the threat through unincorporated associations identified by the Committee on Standards in Public Life, and I ask the Minister in his response to deal with that.
Finally, the Electoral Commission is the instrument through which we seek to ensure a level playing field. Like others, I remain to be persuaded that it is necessary for the Executive to interfere with the independence of the commission through a strategy and policy statement, especially one prepared by the Government, with their own majority in the House of Commons and their own electoral interests. I hope that the House will look very carefully at that provision in the Bill.
Lord Pickles (Con)
My Lords, it is a particular pleasure to have listened to the maiden speech of the noble Lord, Lord Moore. I had the opportunity a few years ago to be on the panel of “Any Questions?” with the noble Lord in which he compared me and my fellow Liberal Democrat coalition Minister to two characters in Beatrix Potter. It was of course a scarring event, but I reflected on the journey home that I was very grateful that the noble Lord’s taste in literature did not run to the rummy. I look forward to many speeches and to see the great biographer of Lady Thatcher in this Chamber and I am sure that we will look forward to many years of his contributions.
As my noble friend the Minister said, much of the Bill is based on a report I produced for the Government a few years ago. I am obviously pleased that many of my recommendations have been accepted and I take full responsibility for them. But I hope that my noble friend will not think me churlish if I start with a measure that I have some reservations about. The Bill seeks to change the requirement for the visually impaired to have use of tactile devices to aid independent voting. I understand the laudable reasons for allowing greater choice of equipment, but in practice I am not sure that this will be the case. In Committee I will be looking for greater reassurance and possible amendments to meet the concerns of those professional organisations working in the sector.
I noticed in another place when this Bill was debated—and reflected in some of the briefing we have had—the suggestion that this Bill was unnecessary. They point to the low number of prosecutions and suggest that everything in the world of elections has reached a point of perfection and that any amendment would risk the very foundations of democracy. But it raises legitimate questions. Is there widespread corruption in our electoral system? Leaving aside that by its nature the crime is difficult to detect, and there is a strong element of underreporting, I saw no conclusive evidence to suggest that there was widespread and systematic corruption within our system.
But that misses the point. If there was widespread corruption in the system, it would already be too late. This House and another place would be stuffed to the gunnels with people with a vested interest in retaining corrupt practices. Our system relies so much on reasonable behaviour and trust. To misquote Sir John Major, it is a system of warm beer and elderly ladies cycling to Evensong. But we have been warned, not just by the Electoral Commission but by the Council of Europe. It was clear when it said:
“It does not take an experienced election observer, or election fraudster, to see that the combination of the household registration system without personal identifiers and the postal vote on demand arrangements make the election system in Great Britain very vulnerable to electoral fraud.”
There seems to be some consensus on the need to reform postal voting. I received many representations that postal voting on demand should end. But I took the view that it was not desirable to return to the previous system, as on demand reflects a more mobile society. However, safeguards are long overdue: banning political campaigners from handling postal votes and, with some limited exceptions, making it a criminal offence; stopping postal vote harvesting by limiting the number of postal votes that a person may hand in on behalf of others; extending the secrecy provisions that currently apply at the polling stations to postal votes; requiring those registered for postal votes to reaffirm their identities once every three years; and limiting the number of people for whom someone can act as a proxy to four, regardless of their relationship.
During my report I took evidence from a number of returning officers. We held a seminar where good and bad practices were examined. I was told shocking stories of mass door-to-door collections of postal votes by candidate supporters, of blank postal votes being handed in as a demonstration of loyalty and of boxes of postal votes delivered by political parties to polling stations at 6 pm on polling day. The measures in this Bill are long overdue.
We should also bear in mind that we are talking not just about an election system but about a way of ensuring an anti-corruption policy in public life. I am not sure I would waste a lot of resources corruptly trying to get a Member of Parliament elected, but our councils, with their billion-pound budgets, are a great prize to take. Many can be turned over by simple action in one or two wards. We have seen what happened in Tower Hamlets, and it is my sincere hope that Tower Hamlets does not represent the future. I commend this Bill and look forward to Committee.
Lord Blunkett (Lab)
My Lords, I, too, pay tribute to the noble Lord, Lord Moore, on his very amusing maiden speech. I ought to be pleased that one fewer Conservative vote will be cast in the next general election, but I have to tell him I think it is a complete anachronism that your Lordships are unable to vote, and I hope that at some point we will put that right.
I have great respect for the noble Lord, Lord Pickles, who has just spoken. We have had robust and often constructive exchanges in the past, and I respect greatly the action he took in relation to Tower Hamlets. But this evening we have to be extremely careful that, with the measures we take to overcome whatever problems we currently have within the system—and we should address them—we do not give the impression out there in this country that there is a serious problem with our electoral system. I say to the noble Lord, Lord Moore, that that is precisely the insidious worm that got into the Republican Party in the United States and led decent people to start mouthing platitudes about the ballot being rigged and the fraud within their system. If we get that here we will be in real trouble. So let us address where there is clear evidence of fraud or misuse and try to identify the problem. Who is in favour of the change in the problem, as was referred to by the noble Lord, Lord Wallace? Do the measures we will debate tonight and in Committee achieve the goal that has been set out? If we can answer those questions honestly and clearly, we might get somewhere.
I have very little time, and I know people will be waiting to speak later in the evening, so I want to say just two things. First, I thank my noble friend Lady Hayman and the noble Lord, Lord Pickles, for their mention of those without sight seeking to exercise an equal vote on the same terms as anyone else, and I hope we will be able to put that right. My main thrust, however, is to pick up on the speech of the noble and learned Lord, Lord Judge, which I thought, as with other Opposition Front Bench speakers, was extremely powerful. What we do through this Bill will have implications for our standing and reputation internationally. We should not underestimate the danger of meddling with and undermining the independence of the Electoral Commission. Of course there can be improvements in how it operates, and we should concentrate on those. But, as the noble and learned Lord said, handing over to government the strategic and policy priorities of what is supposed to be an independent body goes to the very core of our democratic process.
On 9 September last year, we had a debate in this House on the issues around public life. We debated the first interim report of the Committee on Standards in Public Life, which has reported further since. At that time, in what I thought was a very thoughtful debate, there was a consensus that it is really important that no political party misunderstands its role.
When a political party becomes the Government, it does not automatically embody, on behalf of the nation, its party and its ideology. The Conservative Party and the Government are not one and the same thing, and we should avoid them becoming so, any more than the Bolsheviks thought that taking power meant that that held them as the voice of, and the only voice of, the nation. I mention the Bolsheviks because, of course, someone giving £1.8 million might have an interest in the well-being of our country but their husband may have a different interest altogether.
Let us be absolutely clear this evening: if we interfere, as this Bill does, with the independence of the Electoral Commission, we will send a signal not only to our own country and our own people but across the world. Disentangle the Conservative Party from the running of this country on behalf of the whole of this nation, and then we might get it right.
Lord Rennard (LD)
My Lords, over the past 200 years, historically significant Bills have come before Parliament to allow a greater number of our citizens to vote. A number of them were referred to in the excellent and entertaining maiden speech by the noble Lord, Lord Moore of Etchingham, whose late father I also remember with great affection—we campaigned together a number of times. However, this Bill reverses that process by creating unnecessary barriers to participation by people who are legally entitled to vote. At the same time, the Government are deliberately failing to act to ensure that many others who are legally entitled to vote are included in the list of people able to do so. There is little in the Bill to welcome.
No other country has such strict provisions as requiring photo ID to vote without some provision being made for those people who go to a polling station without it. The proposed requirement for photo ID goes significantly further than the proposals made by the noble Lord, Lord Pickles, in his government-inspired review of electoral laws. The Commons Public Administration and Constitutional Affairs Select Committee, with—I emphasise this point—its Conservative majority, said:
“We are concerned that the evidence to support the voter ID requirement simply is not good enough.”
I have previously urged the Government to investigate the number of people who arrive at a polling station to find that their vote has already been cast. The Government will not do this, and that is clearly because the evidence from returning officers confirms that it is an extremely rare event. Even when it happens—if it happens—there is a process by which anyone in such circumstances can still claim their vote. Their vote is simply given a different coloured ballot paper which is put aside but which could be counted if relevant to the outcome of the election and investigation required. In contrast, if a parcel at the post office is taken by the wrong person, it cannot be replaced, but at a polling station, a replacement ballot paper is issued in the unlikely event that the person’s name has already been crossed off the list of those who have already voted. In other words, a parcel cannot be replaced and appropriate ID is necessary before it is handed over, but a stolen ballot paper can be immediately replaced, so photo ID is not necessary. All the evidence is that this virtually never happens.
The projected cost of introducing photo ID in the Government’s own impact assessment amounts to £180 million over 10 years. How many times do we debate necessary things in this House which might require a sum smaller than £180 million and the Government say there is no money, yet they are willing to commit to this extremely wasteful expenditure for which the motivation is suspect? It will affect some communities disproportionately, and these are communities that are already underregistered.
Some of the measures in the Bill are welcome, such as the principle of extending the franchise to all UK citizens living overseas. They have a stake in our country’s future, but they do not generally have a stake in a particular constituency where they may not have lived for many decades. The proper way of enfranchising them would be to do what they do in France, for example, and create dedicated constituencies for overseas citizens, so that their special interests are properly represented.
However, the Bill is not about enfranchising them, as claimed. How do we know that? Because it is still incredibly difficult to vote from abroad. The proposals in the Bill for registering people who have not been on the voting register in the last 15 years are incredibly problematic. For those who are registered, proxy voting is often difficult to arrange, so postal votes must be applied for and granted. When nominations close, ballot papers must be printed, and then posted abroad. When completed, the ballot papers must work their way back through different countries’ postal systems, and very often they do not arrive with the relevant returning officer by polling day. These problems must be addressed, and allowing postal vote applications to be made electronically is insufficient.
The real reason for extending the franchise is not about voting rights but about donations, which must come from individuals on the voting registers. In December 2019, the then Minister for the Constitution announced to the other place that the maximum limits on expenditure by political parties in a general election could be increased considerably, since they were set in 2000. In 2000, Parliament was asked to support the creation of a more level playing field in national elections. Since then, only the Conservative Party has come close to the maximum of £20 million. So an increase now would favour only one party, the Conservative Party, and the principle previously agreed by Parliament, of seeking a level playing field, would end. The Government then suggested that the increase should be in line with inflation since 2000. That is now about 79%, and would mean increasing the limit from approximately £20 million to £36 million. Will the Minister say that this will not happen? He should bear in mind that, in 2019, the Times showed that 28 out of 93 British billionaires have moved to tax havens or are in the process of relocating. The Bill will facilitate billionaire tax exiles, who may not have lived here for decades, contributing to the Conservative Party.
Lord Green of Deddington (CB)
My Lords, I congratulate my noble friend Lord Moore of Etchingham on a remarkable, welcome and amusing speech. It is a very difficult one to follow.
There are some very important issues in the Bill, and we will come to them later. My purpose today is to draw noble Lords’ attention to an anomaly in our election law which, thanks to this Bill, we have an opportunity to correct.
Under current arrangements, Commonwealth citizens have the right to vote in British general elections. However, the present law does not include any length of residence test. Now that election registers are revised every month, that right becomes available virtually on arrival to anyone from Commonwealth.
Some noble Lords will recall that, in 2008, the noble and learned Lord, Lord Goldsmith, the former Labour Attorney-General, produced a report on nationality matters. In it, he recommended that the automatic right for Commonwealth citizens to vote in general elections should be phased out. In support of his recommendation, he made three points. First, that most countries do not permit non-citizens to vote in national, or often even local, elections. Secondly, that it is right, in principle, not to give the right to vote to citizens of other countries living in the UK until they become British citizens. Thirdly, that this change would restore the significance of citizenship and help people to be proud of achieving it. However, despite these arguments, as some Members will recall, no action was taken on this matter by either the Labour Government or subsequent Conservative or coalition Governments.
Reciprocity is one aspect of this. In 39 of the 54 Commonwealth countries, British citizens do not have the right to vote until they become citizens of these countries. In nine Caribbean countries, British citizens can vote—normally after 12 months’ residence. It would not be fair to deny to nationals of these countries the right to vote in Britain, provided that right remains reciprocal. There is no question of removing the vote from those who already have it—that would be absurd. But the matter is still quite important, because the inflow of Commonwealth citizens who are not UK citizens is in the order of at least 100,000 a year. There are, of course, some political angles to this. For example, the Labour Party’s policy platform before the most recent election, as decided by their 2019 autumn conference, included a pledge to give voting rights to everyone living in the UK, whatever their citizenship. That would have immediately added several million new voters to our electoral rolls.
I see that the noble Lord, Lord Blunkett, is in his place. He commented at the time that opponents would characterise this as a,
“reckless policy to throw open not only our borders but our system of democracy”.
As usual, the noble Lord hit the nail on the head.
This Bill is a valuable opportunity to clear up the present anomaly and to put virtually all foreign citizens on the same basis. I shall be in touch with the experts to draw up a suitable amendment. Finally, I should make it clear that such an amendment would not affect Ireland, with which we have had reciprocal arrangements since 1922. It would, however, affect Cyprus and Malta. We have an opportunity to clean this up, and I think we should do it.
The Lord Bishop of Coventry
My Lords, I too join in thanking the noble Lord, Lord Moore, for his subtle and penetrating speech. I do so as someone who originates from Sussex, albeit the western part.
I shall address just one aspect of this Bill—the introduction of photographic ID. Other noble Lords have already raised specific issues presented by this clause. I echo their concerns, and I question whether photo ID is consistent with the UK’s democratic heritage. The fundamental duty of government as we know it is to ensure that all citizens have access to the resources they need to play a full part in the democratic process. Any action that risks reducing democratic engagement, especially one which excludes a significant sector of society, needs the most careful consideration, and it should be based on very sound evidence.
I am concerned that the Bill’s intention to increase trust in the reliability of the voting procedures risks reducing it. Currently, 90% of those asked by the Electoral Commission’s public opinion tracker see voting and polling stations as safe from fraud and abuse. This is precisely because we expect the Government to allow us to take part in the democratic process—if we choose to—without putting measures in place that might impede it. The high level of trust in our electoral system seems to raise comparison with the use of voter ID in Northern Ireland. As the noble Lord, Lord Moore, said, this derives from a historic mistrust among all communities about elections being free and fair. There is no such mistrust in this case. As the noble Baroness, Lady Davidson, has said, this is trying to solve a problem that does not exist—and that makes it politics as performance. Politics is, in many ways, a performance, but the performance should come second. Any performance which could disenfranchise voters risks withholding recognition from individuals and cultural communities.
As your Lordships have heard, the Joseph Rowntree Foundation indicates that 1.7 million low-income voters could be disadvantaged. This would constitute moral injury and would be an injustice. A significant proportion of low-income voters are likely to come from UK global majority backgrounds or from white working-class communities. Both are among the least likely to own photographic ID or to have ID which would be recognised, because of the current costs of obtaining them. It has also been found that those with learning difficulties are likely to find it an obstacle too high to climb, as the Cabinet Office’s research showed.
Many in these already disadvantaged communities, the very people whom the Government’s laudable levelling-up agenda seeks to raise up, are less likely to have the time, access to equipment, or desire, to fill out additional forms or to register for the voter ID cards than more advantaged people. The Joseph Rowntree Foundation also found that 41% of those with unsuitable ID were unsure whether they would apply for free voter ID cards. Legislation that may make democratic participation for the most vulnerable and marginalised in society harder fails to meet the Government’s responsibility to enhance the practice of democracy and maximise involvement in the common project on which society is built.
Within the Bill, there is a commitment to a consultation with the electoral community on how the voter ID law would be introduced. Does this mean that the Government recognise the possibly harmful effects of making this a requirement? Will they seek to mitigate them through secondary legislation? If that is the case, why is the consultation coming after the law has been passed and not before? At the moment, the proposal for voter ID fails to provide the assurance that every voice in our community will be heard. If the Government proceed as planned, which I recognise is the manifesto pledge, I would support amendments that introduce mitigating factors to the Bill and reduce the risk of unintended exclusion.
Lord Hayward (Con)
My Lords, I thank the Minister for the opportunity for his Elections Bill officials to have discussions with me about potential amendments which I might bring forward. That may worry the Minister that I will bring forward amendments, but I hope that they will improve the operation of the Bill and of elections in this country, nationally and locally.
This Bill should be about four different aspects, one of which there has been virtually no reference to so far in this debate—the administration of elections as undertaken by our returning officers, who do a truly superb job, despite the propensity of politicians of all political parties to impose an ever-greater burden on them, with the expectation that the elections will be administered effectively, openly and on time. There may be some discussion in that field.
Secondly, the noble and learned Lord, Lord Judge, touched emphatically on another field, the overall regulation by a body—in this case the Electoral Commission—and how it should operate. Clearly, there will be much discussion about that element of how we handle elections, as there should be. The Electoral Commission is a relatively new body, and it is worthwhile, at this point in a Bill, to look at how it operates and should operate.
The third field is an area which I regret has been omitted from this Bill, and which has been touched on by a number of noble Lords, the first of whom was the noble Baroness, Lady Hayman: the report of the Law Commission, which said that, effectively, our electoral law is a mess. We operate on 25 different pieces of major electoral legislation. Its report said:
“The current laws governing elections should be rationalised into a single, consistent legislative framework with consistent electoral laws across all elections, except where there are clear and necessary differences, for example due to different voting systems.”
Some of the amendments, to which I referred in my opening comments, fall within that field to at least introduce a degree of consistency—even though we will not have, disappointingly, a rationalisation of the mess of electoral legislation that we all face at the moment.
Fourthly—and this comes to the nub of the early parts of the legislation, to which the noble Lord, Lord Pickles, spoke—there is the issue of fraud, in some form or another. I am afraid that I see a degree of complacency in society. It is not just Tower Hamlets, which the noble Baroness, Lady Hayman, referred to first, and which we will get to many times over the next few days in Committee; we should not kid ourselves that Tower Hamlets is the only place where there has been maladministration.
I am going to enjoy myself at this moment by just reminding the House—some Members may be aware of this, but I fear many are not—that the largest case of personation ever identified and undertaken in this country was by the Liberal Democrats in Hackney in 1998: one hall of residence, which had a capacity of 32 people, managed to have 80 people registered on the electoral roll, courtesy of a Liberal Democrat candidate. I did enjoy that bit.
As I said, the debate will revolve around the question of fraud, and the means of fraud. Quite a few years ago I was asked by Simon Walters, who I think was then deputy editor of the Daily Mail, whether I could identify how you would fraudulently deliver an election result. I asked him how long he had got—because there are so many ways in which you can deliver a fraudulent result.
As the noble Lord, Lord Pickles, identified, it is not purely parliamentary results that matter, but local authorities as well. We have seen, in recent years, substantial fraud cases in Tower Hamlets, Birmingham, Woking and High Wycombe, and we are aware of other cases around the country. I discussed with the noble Lord, Lord Wallace, the problems in some of his parts of the country, in west Yorkshire. We have to recognise that there are problems, and we should do something about them before we face a greater problem.
In conclusion, I will identify a particular issue which I will continue to pursue separately from the Bill and of which the noble Lord, Lord Rennard, and the noble Baronesses, Lady Hayter and Lady Hayman, are aware: namely, the two-signature issue for local government elections, which—I say to the Minister—I hope we can resolve for the elections this year outwith this piece of legislation. I will continue to pursue that until the closing date for achieving that end has passed.
Lord Grocott (Lab)
My Lords, I happily add my thanks to the noble Lord, Lord Moore, for a splendid opening speech. I thank him most of all for making us laugh—I think that might be the last laugh we get with this Bill.
I had hoped that any attempt by this Government to make important changes to our constitution would be conducted with extreme caution and with humility. I say this because, during this parliamentary Session, under this Conservative Government, we have spent a good deal of time repairing the constitutional damage inflicted by the Conservative Government that was in power 10 years ago.
I refer, first, to the cynical moves in the Parliamentary Voting System and Constituencies Act 2011, when at a stroke the Government planned to reduce the number of MPs from 650 to 60.
Lord Grocott (Lab)
Sorry, to 600. I am sure they would have done the former if they had had the chance. Needless to say, the calculations were that the changes would damage the Labour Party more than the Conservatives. Then, as we know, at the last general election, the Conservatives gained a number of so-called “red wall” seats, and lo and behold the calculations changed: the proposed reduction to 600 would have damaged the Conservatives, and the Government had a Damascus road conversion back to 650 seats.
Then we had the friendless Fixed-term Parliaments Act 2011, the malign effects of which included the shambles at the end of the 2017 Parliament. Thankfully, we are well on the way to getting rid of that Act with the Third Reading of the dissolution Bill tomorrow.
I draw two lessons from this little history lesson. First, major constitutional Bills really must have pre-legislative scrutiny; and, secondly, beware a Government bearing constitutional gifts. The chances are that, whatever the wrapping, the contents will include—somewhere—an electoral bonus for the Government.
So far as the current Bill is concerned, if we had had proper scrutiny, we would have had witnesses being examined such as—as has been mentioned—the Joseph Rowntree Foundation. Its extensive research with a representative panel of 6,000 people concluded that the voter ID requirements of the Bill risked disenfranchising around 1.7 million low-income voters.
We know that many people do not have any form of photo identification—a figure of 3.5 million has been estimated. What is known about the demography of this group: their gender, age, social class, income and housing? Given the Government’s form on the politics of constitutional change, what do we know about the likely voting intentions of this section of the population? I say to the Minister: please do not tell me that this has not been considered—that really would be a novelty.
Another hugely controversial part of the Bill, which was dealt with brilliantly by the noble and learned Lord, Lord Judge, concerns the independence of the Electoral Commission. We really should not need to be debating whether or not a body with responsibility for overseeing elections and their integrity is to have its strategy and policy document written by the Government—or, to put it more precisely, written by the winning party at the most recent general election. Elections, by definition, are competitive. To allow the winning party to give instructions to the Electoral Commission is comparable to a game between Arsenal and Manchester United in which, prior to kick-off, the Arsenal manager gives instructions to the referee—although some people may feel that happens already.
That brings me to the evidence, or lack of it, for the change of voting rights for people living overseas. The fundamental principle of the franchise in our country is that your entitlement to vote comes from your residence and registration on the electoral roll of a specific parliamentary constituency. We quite rightly make an exception to this for UK citizens who, for various reasons at various times in their lives, live or work abroad, usually with the intention of coming back to the UK, and many of whom will have kept a house to which they will return. The time limit for this is a sensible 15 years.
Now the Government intend to extend this to a vote for life. This surely raises important issues. First, there is the practical problem that the longer someone is away from the UK the harder it is to verify their former UK address. But is there not also an issue of fairness? People who have not lived here for decades and for whom the clear probability is that they will never return are to have the same right to vote in the constituency in which they last lived as the current residents. There may be a major local issue—a hospital closure, fracking, motorway construction, flooding—which is of crucial importance to people living there, who will have to live with the consequences. But someone who has not lived there for decades, and has no intention of doing so again, has the potential to determine the election’s outcome. I do not think that enhances our democracy.
The noble Lord, Lord Rennard, asked, “Why don’t they have their own constituency?” Well, the figure I have is that some 2 million people would be enfranchised by this. I am not sure how many parliamentary constituencies that would require.
So let us get some facts from the Minister. Just how many more people are estimated to be eligible to vote under the “votes for life” provision? I have seen, as I said, estimates of up to 2.5 million. So I ask the Minister: how are we going to verify all these overseas people and, when they are added to the electoral roll in individual constituencies, will their numbers be included in calculating the size of constituencies in future parliamentary boundary reviews?
I had better leave out the next bit of my speech as I am out of time. I was just warming up, really.
This Bill about elections and their integrity. No other subject could be more fundamental to our democracy. The Bill is based not on the judgment of neutral, objective observers but on the judgment of a political party that has won an election. That of course is the case with all legislation but, for constitutional Bills, the case for detailed scrutiny, consensus if possible, and as much objectivity as possible, is overwhelming. Sadly, with this Bill, the Government have failed to learn lessons from the serious mistakes they made in the past.
Baroness Greengross (CB)
My Lords, like others speaking today, I am concerned that the Bill has some serious flaws. In an unprecedented move two days ago, the Electoral Commissioners wrote to the Government making the following warning:
“It is our firm and shared view that the introduction of a Strategy and Policy Statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”
Free and fair elections that are above political independence, or even perceived political interference, are vital if we are to ensure that the public have confidence in our democracy and system of government.
I also have concerns about the requirement in the Bill for people voting in UK parliamentary elections and local elections in England to produce photo ID. Can the Minister advise the House what information the Government have regarding the number of eligible voters who do not have some form of photo ID? The most common forms of photo ID are passports and drivers’ licences. The people most likely not to have either and who may not wish to pay for another form of photo ID are the younger or first-time voters and older people. We have seen from international examples, particularly certain states of the United States, that voter ID requirements have reduced turnout in poorer and often black communities. Such practices are unrecognisable to our British democratic system, and it should stay that way.
The Government will, I am sure, argue that this was a commitment in their 2019 election manifesto, so they have a mandate to introduce photo ID requirements. Although winning a majority of seats in the other place, the Conservative Party in fact received 43% of the vote; however, due to the first past the post electoral system, it received 56% of seats.
This brings me to my second point, which is on requiring local councils in England to use the first past the post electoral system. I declare my interest as a vice-president of the Local Government Association. I am concerned that the Government are using this legislation to impose the electoral system used to elect MPs to the Commons on councils. First past the post is a voting system that tends to favour the two main parties and makes it more difficult for small parties or independent candidates to get elected. It is arrogant to argue that this voting system is better than a proportional voting system used by some local councils in this country, as well as many leading democracies internationally, such as Germany or New Zealand.
Further, there is no evidence that the challenges currently faced in local government are best addressed by imposing an electoral system through the Bill. The Government should be working with local authorities to ensure that they have the resources and systems in place to deliver vital services to communities throughout the country. In terms of voting systems, we can learn from various international examples, including New Zealand, where local communities can decide by plebiscite which voting system they wish to use.
In its current form, the Bill potentially undermines the independence of the Electoral Commission, may disfranchise voters who do not have ID proof, and imposes a voting system on local government rather than allowing communities to decide which system they prefer.
Lord Desai (Non-Afl)
My Lords, I have a very different view of what the Government are proposing and the whole election business. I find the election process in this country severely out of date. It is like a penny farthing machine, if not something worse. Had the Labour Government been allowed to have identity cards as they proposed— Nick Clegg talked about privacy and some said it was too expensive—none of these problems would arise.
People say that that is against our tradition. In India, which had 900 million people on the electoral register last time round in 2019, everybody has an identity card. All 1,300 million people carry an identity card. I have seen them. Everybody can produce their identity at any time—ignorant people, illiterate people, tribals, women, blacks and whites. Again and again, people here make this drama about it being the poorest who are illiterate or unintelligent and cannot get a photo ID. Why are we so patronising about our own citizens?
My children and grandchildren laugh at the fact that we have to go to a booth and sign something there. They have a smartphone; they should be allowed to vote directly online on a phone. We used the smartphone during the pandemic for a number of things and relied on it. It was very useful. Which world do we live in so that, for elections, we have to go through a very old- fashioned system with people counting votes all night? In India, with 900 million people voting, once the ballot boxes are gathered it takes one and a half hours to declare the national result, because we have electronic machines to count the votes. You do not need people sitting there all night putting little pieces of paper by their side and throwing things away, and us then having to rely on the BBC exit poll to know what will happen over the next 36 hours.
Why do we tolerate this peculiar system? I know that we have a great love for treating politics as a medieval system; that is our pride. That is why our parliamentary Chambers have to be overcrowded; we cannot really have seats to ourselves or equipment on each chair so we can vote sitting on our seat. No, that is not in our tradition; it is not in our tradition to have people sitting comfortably in parliamentary seats. No, we are an old democracy, we are the best democracy; therefore, we must be made physically uncomfortable to be able to be in Parliament. Look at the House of Commons. It is so crowded. If every Member of the House of Lords turned up, half of us would not be able to sit. Why do we tolerate that, and why, each time anybody suggests a change, does everybody say, “Oh my God, we cannot have this change, because somebody somewhere will be deprived”?
The Government should have proposed an identity card scheme and implemented it quickly before the next election. We all get an electoral registration note every month or two that says, “Please certify that you are at this residence”. I do not know why it has to be done that many times but, okay, I do it. Of course I have lost my vote by coming here, but I still dutifully fill out the form and send it back because that is my duty, but it should not be necessary.
If we had an identity card, it would have all the information required in one little thing. It should be on your smartphone. My smartphone knows more about me than I myself know. It tells me where I have been. We really ought to think about this whole process and much less patronisingly about those who are deprived. We should ask: what is the best, most efficient and fastest way to get people to vote, and the most comfortable way? They should not have to go to a polling booth; it is completely unnecessary, because we can create an identity—a number with a picture—which can be accurately determined to give that person a vote. We are discussing an antiquated thing and passionately want to keep it antiquated. I do not think I can make any difference to that logic, but perhaps in another 25 years somebody will do it.
Baroness Gale (Lab)
My Lords, the Government argue that this Bill will strengthen democracy, but I am not sure how that can be so. For example, in a democracy, how can a Government interfere with and undermine the independence of the Electoral Commission?
There is concern in Wales that the Bill’s provisions regarding the accountability of the Electoral Commission, as currently drafted, are incompatible with the accountability arrangements established by the Senedd and Elections (Wales) Act 2020 between the Electoral Commission and the Presiding Officer’s committee in the Senedd. Will the Minister agree to work with the Welsh Government to find a solution to this concern?
The Welsh Government do not support the introduction of voting ID, the placing of unnecessary constraints on postal and proxy voting, or the extension to the overseas franchise, and they will not use voter ID in the elections that they control. There is quite a contrast between what the UK Government believe about democracy, as contained in this Bill, and what the Welsh Government are doing by taking action to improve democracy in Wales.
Although agreement has been reached on the Bill between UK and Welsh Ministers, other than on intimidation and digital imprints measures, so there is no opposition in principle, the Welsh Government believe that they have the competence to legislate on these matters. On intimidation, for example, it is the Welsh Government’s view that every legislature should have the freedom to determine its own disqualification regime for the elections for which it is responsible. The same principle applies to the digital imprint. Would the Minister be prepared to work with Welsh Ministers on the areas where there is no agreement at the moment? I think, from what he said in his opening remarks, he would be prepared to do that; he talked about bringing forward amendments.
Participating in democracy is strongly linked to improved outcomes. Supporting people to overcome the barriers they experience because of their socio- economic conditions is essential to achieving our overall aim of improving participation rates and experiences. To increase participation, the Welsh Government plan to hold pilot schemes with four local authorities for the local elections in May. These pilots will provide new flexibilities for the electorate in Wales and people will be encouraged to make use of them, especially those who might not have originally planned to vote.
The measures the Welsh Government are taking include having advance voting during the week leading to election day. A new polling station will be created in a school for registered students of that school only, and, in two local authority areas, council offices will be used as a polling station for all residents of the county on the weekend before polling day. I hope this will be a successful pilot and will lead to greater participation, in contrast to some of the measures in this Bill. Electors in Wales will have greater choice about when they will vote in local and Senedd elections, but they will face barriers and inconveniences when it comes to the general election. I hope that UK Ministers will have a good look at the results of the pilot scheme when they come out and see whether they can learn from them.
I have received a very good briefing from Age UK, as I am sure many other noble Lords have. Age UK does not welcome the Elections Bill’s introduction of photo ID for in-person voting and has significant concerns regarding the impact this will have on older people. I quote its briefing:
“Older people are more likely to face hurdles when voting, including barriers to accessing transport and limited mobility which make getting to a polling station a lot harder … the proposed addition of compulsory photo ID will add to barriers to in person voting … If photo ID proposals are carried unamended … mitigating measures such as the provision of free photo ID to people who lack these documents should be made as accessible as possible. Additional provision of free photo ID for elections will be costly and complex for local Returning Officers to administer and must be supported by central guidance and funding … Increasing confidence in the integrity of the electoral system is important but with no evidence that personation fraud in the UK is widespread and evidence that in small pilots, over a hundred people were unable or unwilling to return to a polling station to present valid photo ID, it feels that the introduction of this security measure is disproportionate to the threat of personation fraud. Age UK believes the proposal represents a sledge hammer to crack a nut.”
Like many organisations, Age UK opposes Clause 1 on voter identification. With so many organisations opposed to it, I hope the Minister will take note of these remarks. I look forward to his reply.
Baroness Pinnock (LD)
My Lords, I draw the House’s attention to my relevant interests as an elected councillor, and as someone who has been at the heart of elections, local and national, on every occasion for the past 40 years.
This Bill is a crude attempt to curtail our democracy. One of the ways that this is being done is through the requirement to produce photo ID at polling stations. Yesterday in your Lordships’ House, there were fervent arguments from the Conservative Benches that it was anti-democratic to require a security pass to vote in this House, yet this requirement is acceptable for ordinary folk wanting to cast their vote.
Our current elections process is far from perfect. There are significant problems with ensuring that everyone is registered to vote. In 2019, the Electoral Commission estimated that 17% of people, or one in six, are not on the register. For people from Asian and black heritage, that rises to one in four. In every general election I have had calls from people who have not been able to vote because they are not on the register for whatever reason.
One of the Bill’s aims should be to commit to increasing voter registration by giving elections officers adequate resources to do so, and to assure, for example, those fleeing from domestic violence that they can opt out of the public register. Where is the voter registration commitment in this Bill?
Of all the imperfections in our voting system, personation is not a significant one. Let us consider the practical implications of the voter ID proposal. Not everyone will have photo ID. Those who do not will not turn their mind to getting a so-called “free” card from their elections office in time. Some will forget to take it to vote, as the pilots demonstrated. Perhaps the Minister will explain how women who wear the burka are to vote when they will not be able to show their face if there are any men in the polling station. Are they to be disfranchised because of their faith?
Polling clerks will be turning voters away, when those voters will rightly feel that their inalienable right has been removed. Just at a time when we need a system that encourages more people to take part, it seems that the aim of this tawdry Bill is to make it more difficult to vote.
The Minister will no doubt suggest that those who do not want photo ID can apply for a postal vote. That argument will indicate just how little the Government understand about how some voters, often but not only women, have their postal vote used by someone else.
On the change to first past the post for mayoral and police commissioner elections, the Minister said earlier that the Government were getting rid of the supplementary vote system because such systems are confusing. Yet only this last week, the Conservative Members of your Lordships’ House used the supplementary vote system to elect a new Member to their ranks. Was it that confusing for Members of the Conservative Benches?
Baroness Pinnock (LD)
Maybe that is what has induced this change: it was too confusing for elections to your Lordships’ House.
This Bill is thoroughly anti-democratic. Only a Government determined to seek to control elections would propose that the independence of the Electoral Commission should end. In a most unusual step, the commission has written to the Minister as follows:
“It is our firm and shared view that the introduction of a Strategy and Policy Statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system … If made law, these provisions will enable a government in the future to influence the Commission’s operational functions and decision-making. This includes its oversight and enforcement of the political finance regime, but also the advice and guidance it provides to electoral administrators, parties and campaigners, and its work on voter registration.”
This is a thoroughly anti-democratic Bill, and in some of its provisions dangerously so. It discredits our reputation as a torch bearer of democracy and therefore cannot be supported by those of us who love our democracy.
Lord Janvrin (CB)
My Lords, I add my voice to those who have congratulated my good friend, the noble Lord, Lord Moore of Etchingham, on his magisterial maiden speech, which might be a wonderful foretaste of contributions to come.
I was a member of the committee on the Electoral Registration and Administration Act 2013, which reported in 2020. I shall follow what the noble Baroness, Lady Pinnock, touched on but want first to add my voice to those expressing grave concern about the independence of the Electoral Commission and the Government’s strategy and policy statement. Others have touched on this much more eloquently than I can.
I too read with interest the report of the Public Administration and Constitutional Affairs Committee and its savage criticism of this Bill. I also read with interest the Government’s response to PACAC, in which they stated that the provisions in relation to the strategy and policy statement
“do not give the Government the power to direct the Commission’s decision-making”,
yet, under the Bill, the commission must “have regard to” the statement. These two statements fail the common-sense test.
Following on from what the noble Baroness, Lady Pinnock, touched on, I shall certainly listen with interest to the arguments for and against voter ID and on whether it is the answer to some of the wider worries about electoral fraud. Yet, at the same time, the Bill has nothing to say about what seems to be a far larger problem relating to the integrity of our electoral process; namely, that many millions of eligible voters are missing from the electoral registers. Other countries with similar registration requirements, such as Canada, seem to be much more successful in achieving higher levels of both completeness and accuracy in their electoral registers.
There are many ideas on how this problem might be addressed—for example, automatic or assisted registration —and we will hear more about this on Friday when the House at long last debates the 2020 Lords committee report on electoral registration. I wonder whether the Minister might give us a foretaste of his arguments in that debate to answer today the argument that the millions missing from our electoral registers are a far greater threat to the wider integrity of our elections than personation.
I too ask why such a fundamentally important Bill affecting the very foundations of our democratic system is being taken through Parliament without the kind of careful consultation and consensus-building that it deserves. There was no White Paper; there was no pre-legislative scrutiny to build understanding and cross-party support; there is no statutory commitment to post-legislative scrutiny, yet significant government amendments have been introduced since the Bill was given a Second Reading in the other place.
This is an important Bill introduced at a time when the integrity of our politics and the observance of the conventions which regulate our constitution are under intense scrutiny. The Minister knows this better than anyone. I look forward to his reply.
Baroness Fox of Buckley (Non-Afl)
I warmly welcome the noble Lord, Lord Moore of Etchingham. His witty, erudite and insightful speech shows what an asset he will be here.
The Elections Bill is designed to strengthen the integrity of the electoral process and therefore strengthen UK democracy per se. That is a worthy aim that we should all embrace, but I worry that the Bill takes an overly technocratic and legalistic approach that evades deeper problems and cultural trends that undermine democratic norms today, from assaults on free speech to the fashion for casting aspersions on the capacity and motives of voters. When I am lobbied by opponents of the Bill, who say that the legislation “would not look out of place in Hungary, Russia or China”, I fear that hyperbole and partisan paranoia might distort the important public debates we need to have about democratic elections that this Bill should positively kick-start.
Like other noble Lords I have a lot of specific areas I want to ask questions about in Committee. Will restrictions on third party campaigning lead to disengagement of civil society organisations from political activism? Why on earth did the Government table changing the voting system so late in the day? For now, I have some comments on the alleged voter fraud issue. I welcome the Bill tackling the problems of postal voting. The noble Lord, Lord Pickles, described concerns over harvesting votes, which I think many of us have shared for some time. Of course postal voting is necessary, but it should be a narrow, particular form of voting and not a go-to device so open to abuse. Tightening this would help and would shore up the legitimacy of elections, I have no doubt.
The same motivation is used by the Government to justify the controversial voter ID scheme. However, I am less convinced that this illiberal show-us-your-papers measure is either proportionate or necessary when the data shows such minuscule examples of voter fraud, as we have heard. I do not go along with the overblown conspiracy theories that see voter ID as a dastardly Tory plot of “deliberate voter suppression”, as one Guardian editorial called it, or an evil attempt to rig the system to disempower the poorest and most marginalised. No, I think that kind of discussion is unhelpful. My objections are rather those raised by the noble Lord, Lord Blunkett, about unintended consequences. Rather than reassuring voters that elections are not being corrupted by fraud, voter ID gives the impression that vote rigging is such a wide-scale problem that we need to change the law. Surely this puts an unnecessary question mark over election results and inadvertently sows suspicion among the public of their fellow voters.
Perhaps one underlying reason for all this focus on fraud is a more worrying problem beyond technical solutions: namely, the increasing disillusion with the democratic decision-making process, as expressed by a greater willingness to refuse to accept the outcome of legitimate votes. We have seen the emergence of the withdrawal of loser’s consent from recent election results. In America, Donald Trump’s “Stop the Steal” assault on the legitimacy of Joe Biden’s election as President is a case in point. Sadly, the precedent for this was set closer to home, in the attempts to frustrate and suppress the democratic result of the 2016 referendum, often led by powerful voices in the establishment, with celebrity QCs turning to the law courts, the People’s Vote campaign, and the likes of John Major—who has been cited by everybody here—and Lib Dem Lords, in fact, calling for a second referendum that demanded going back to the polls until voters gave the correct answer.
While many who oppose voter ID worry about disenfranchising electors now, for me the deeper problem is how widespread it has become to tell millions of voters, many who voted for the first time, that that once-in-a-generation vote should not have counted, with attempts to de-legitimise and tear up their vote by maligning 17.4 million citizens for being duped and not being educated enough to know what they were voting for. So, if the aim of Part 1 of the Bill is to bolster trust in elections, I suggest that far more effective than voter ID would be a robust campaign to restore the value of loser’s consent and to ensure that democratic outcomes are respected, however unpalatable those in power find voters’ choices.
There has also been a lot of disquiet expressed today about proposals to hold the Electoral Commission to account, critiqued as dangerous government interference in the Electoral Commission’s independence. I want to ask how independent the Electoral Commission really is. The commission outed itself as breaking its own impartiality code when the UK had the largest vote in its history. Its chair and commissioners expressed their regret that the electorate voted to leave the EU—in other words, that they voted the wrong way.
These remain sentiments were not just confined to their opinions but were wielded as power, with so much systematic investigation, prosecution, threats of fines and ultimately harassment of leave campaign groups and activists that the present chair of the Electoral Commission, John Pullinger, had to issue a public apology to the likes of Darren Grimes and so on. While leavers have been cleared, there are still those who cite the Electoral Commission investigations as an official stamp of approval to repeat misinformation about the legitimacy of Brexit.
I think it is time we questioned whether democracy benefits at all from a quango set up to adjudicate on and stand above democracy itself. I remind noble Lords that there is already a powerful and fully independent body that can hold politicians and political parties to account. It is called the electorate. I appreciate that my power-to-the-people stance will be dismissed sneerily as populism, but I am rather proud of trusting the people myself.
Lord Willetts (Con)
My Lords, I join in the many congratulations to the noble Lord, Lord Moore, on his excellent maiden speech and give him a warm welcome to this House—and perhaps share with him a reflection from when I arrived in this House from the other place six years ago. One of things that first struck me, having been an MP, was that, unlike the other place, we did not have—if I may say so, with enormous respect—a Speaker who had the powers that the Speaker has in the other place. This Chamber functions rather differently. It functions on the principle that we agree on how we will disagree.
That principle, embodied in the way in which we function, is very relevant to the debate on this legislation, because it is part of a sustained constitutional settlement that a nation agrees on how we will disagree. That is why my first request to the Minister, who I know reflects on these issues, is that I hope that spirit can somehow infuse our debates and consideration of amendments to this legislation in the days and weeks ahead.
I would like to make two particular points. First, on the issue of voter ID, I understand that the case for the measure appears to be the precautionary principle, rather than evidence that there is widespread abuse at the moment. I am concerned that there is a risk that hundreds of thousands, if not millions, of voters who do not have a photo ID and do not seek the extra document that the Government are proposing may find that they are unable to vote. So I hope that the Minister will consider adding to the list of acceptable robust documentation, as a minimum measure to reduce the risk of substantial numbers of people being deterred from voting by this provision.
Perhaps I might comment on a second issue: voter registration. I very much agree with the points that the noble Lord, Lord Janvrin, has just made. The current system is crying out for reform. It needs of course to be robust and it needs to be modernised—and here I am particularly concerned by an issue which I know the Minister himself has focused on, because he chaired an excellent committee of this House on the very issue: young people. One of the arguments used when one talks about the challenges facing young people is that if young people were really bothered, instead of being so apathetic, they should go out and vote, and if only they voted at the same rate as everyone else, politicians would pay more attention.
We did some research at the Resolution Foundation on why young people had a lower propensity to vote. The biggest single factor by far was that more and more of them are in private rented accommodation and it is very hard to get on the register if you are moving around in private rented accommodation. They are not apathetic. They are finding it hard to get on the register, and it would be wonderful if, as part of this legislation, there were bold moves to reform voter registration so that, while protecting legitimacy and rigour, we also ensure that as many people as possible who have a legal right to vote are on the register.
If I may say to the Minister, who has a deep understanding of Conservative history and tradition, as does the noble Lord, Lord Moore, he will be familiar with Disraeli’s bold move in bringing in the 1867 Act —the biggest single extension of the franchise since the Great Reform Act 1832—and with the Conservative Party’s part in the steady process of extending the franchise over a century. There were Conservatives who thought that Disraeli’s move was electorally suicidal and that the Conservative Party should be trying to restrict the franchise rather than broaden it. But Disraeli discerned the angels in marble: the potential voters out there who could be attracted to the Conservative cause. Engels, observing the subsequent election from Manchester, wrote to Marx:
“It cannot be denied that the increase of working-class voters has brought the Tories more than their simple percentage increase”.
He was very surprised at what happened and went on to say:
“Once again, the proletariat has discredited itself terribly”.
I very much hope that as the Minister and the Government approach the fraught issue of this legislation, they approach it in the spirit of Disraeli.
Lord Stunell (LD)
My Lords, it is a great pleasure to follow the noble Lord, Lord Willetts, and I very much endorse his remarks. I extend my congratulations to the noble Lord, Lord Moore, on his very witty and thoughtful speech.
This is a pivotal debate on a Bill where there is much at stake. A number of speakers have talked about ways in which the playing field may be tilted one way or another, but I want to concentrate on what is happening to the referee—the Electoral Commission. Are the Government going to press forward with measures which will throw away the UK’s reputation as a staunch upholder of sound democratic best practice and move another step towards undermining public trust in the integrity of our electoral system, or will they instead take a deep breath and pause to rebuild a consensus for legitimate reform to reinvigorate our democracy? The noble and learned Lord, Lord Judge, made the case for this with tremendous eloquence and power at the start of our debate.
I am a member of the Committee on Standards in Public Life—CSPL—and serve as one of the three political members of that committee, alongside a majority of independent members under the chairmanship of the noble Lord, Lord Evans of Weardale. Much of what I intend to say is drawn from my experience on that Committee. It was the body that in 2000 first recommended the creation of a fully independent election regulator, which lead directly to the formation of the Electoral Commission. The committee has asserted ever since that a fundamental characteristic of the commission was and had to be its independence from political interference, let alone its domination or redirection by one particular political party. The committee expressed that in our report Regulating Election Finance last July, which said that
“it is imperative that there exists a strong, independent electoral regulator. For the electoral system to be fair and to be seen to be fair, and to command the confidence of political parties and the public, it must be overseen by an independent regulator, protected from political pressures and separate from the government. Such a regulator must demonstrate its impartiality and effectiveness at all times”.
Far from trimming down the Electoral Commission’s independence and remit, our report also recommended,
“a focus on increasing the effectiveness of the system for securing compliance with election finance law,”
It included recommendations among others to:
“Give the Electoral Commission additional powers … to impose more proportionate and meaningful sanctions”
and to—
“Transfer responsibility from the courts to the Electoral Commission for granting permission to parties, non-party campaigners and referendum campaigners to pay late invoices or bills from suppliers.”
Those and other measures which I have not quoted are proposed by the committee to enhance the working of the Electoral Commission as a strong independent regulator, as part of a package of robust measures to strengthen our democracy.
In more normal times, the Government of the day, on receipt of such recommendations from the CSPL, would seek to find as quickly as they could a legislative slot to implement them. That is what has always happened before, when the CSPL has made recommendations about the Electoral Commission. Instead, we have this Bill, which undermines the commission’s central function and leaves it beholden to the best interests of the party in power. The noble and learned Lord, Lord Judge, made that point with greater eloquence than me. We might expect to see that kind of thing to be reported from Belarus perhaps, or from Russia certainly, but surely not from Britain. This is not a minority view. The Conservative-led Public Administration and Constitutional Affairs Committee in the other place said bluntly:
“We recommend that Clauses 13 to 15 of the Bill are removed”.
Those, of course, are the key clauses that would strike the fatal blow to the Electoral Commission’s independence.
Of course, the Government will say that they are a benign and well-meaning Administration, and any inference otherwise is an outrageous and partisan slur. However, we were only one general election away from having a radical left-led Government in Britain that the Minister would be all too ready to demonise and attribute the most ill-founded and evil motives to. Is the Minister confident that these powers, if incorporated as set out in the Bill now, would be good ones to have handed over to them? That, surely, is the test. I want to hear from him when he winds up that he clearly does agree that those powers should be in the Bill and that in future a left-led Government should be free to exercise the options that he says he is so self-controlled that he would never abuse.
The Bill is a depth charge placed under the Electoral Commission that threatens not just the commission but public confidence and trust in the whole functioning of the regulatory oversight of our democratic system. It is not simply a bad legislative package; it has actively displaced sensible proposals for reform, which are queuing up for implementation. The Government all the time are protesting that they have not the time to do the job properly. My noble friends and I will wish to return to many of these matters at subsequent stages of the Bill.
Lord Kerr of Kinlochard (CB)
My Lords, I rise with some diffidence, because almost everybody else in the House has much greater personal experience of electoral law than I have. One of us, so we have learned today, has had his visit to the polling station followed by a visit from the constabulary. I join those who congratulate the noble Lord, Lord Moore, on his remarkable maiden speech.
I think my credential to speak is that I lived abroad for a while and have a basis for comparison of our system with those of other countries. My impression is that ours is relatively clean, reasonably efficient, well understood and rather well liked—so what is the problem? My first question about the Bill is why, and what is the disease that it is trying to cure? As the noble Lord, Lord Stunell, has just said, why has it been given priority over long-delayed measures responding to very real demands, such as the reform of social care, for example, or more pertinently, for real action against foreign interference and foreign finance in our elections? I would like to find a respectable rationale for the Bill, but I have not heard it yet.
My concerns are particularly about four provisions: voter ID, back to first past the post, denying the local election vote to EU citizens newly resident here, and Clause 13, Schedule 8 and the attack on the independence of the Electoral Commission. In all four, my question is why?
On voter ID, as the Public Administration and Constitutional Affairs Committee in the other place put it, the Government’s answer
“simply is not good enough”.
The experts tell us that personation is very rare. My noble friend Lord Janvrin reminds us that the missing millions is a far greater problem. We know that disadvantaged young people who are on the register, particularly those in minority communities, tend not to have passports or driving licences and, frankly, I do not see them queueing up in town halls to get specific electoral identity cards. There can be very little doubt that the Bill would further reduce participation, not because fraud has been widespread but because we would make voting harder. The conspiracy theorists say that that is the point and that some people have been looking at what is going on in the American Deep South and are taking a leaf from the Republicans’ voter suppression playbook. I do not want to believe that. I tend not to believe in conspiracy theories, but I have yet to hear a good reason why we should act in a way that is inconsistent with wider public policy on social inclusion.
As for first past the post for mayors and police commissioners, in one sense, it is no big deal. I am told that only 17 of the 217 such elections which have taken place using the SV system would have produced a different result under first past the post. Yet something quite important would be lost if we go backwards here. Fewer people in the community would see the winner as someone they had chosen. There would be an enhanced perception that party affiliation, rather than personal quality, mattered most. So why do it? The experts tell us that SV is easily understood. If it ain’t broke, why fix it? Unless of course you really want mayors to be more subservient to national political leadership, but do we not believe in more devolution?
Then there is disfranchising the EU citizens lawfully resident here with leave to remain, just because they arrived after Brexit. I have to say that this looks a little like Brexiteer spite. Surely residence, not nationality, is the right test for the local election franchise. If these people pay their council tax, then is it not a case of no taxation without representation? It is like that in Scotland, so why not in England?
Finally, much the most significant of my four points is the attack on the Electoral Commission’s independence. Having lived in America, I am convinced that what America badly needs is an impartial boundary commission to stop gerrymandering and an impartial electoral commission to see fair play in campaigns. So I was rather horrified two years ago when the then Chairman of the Conservative Party called for the abolition of the Electoral Commission—at least the Bill does not do that. However, one cannot say that wiser counsel has prevailed, because what Clause 14 of the Bill does is plain wrong in principle. I do not need to labour the point, because the noble and learned Lord, Lord Judge, put it far better than I could, but supposing we were to give the Government the benefit of the doubt and assume that, in practice, they would never use this new directing power to guide the commission, what about future Governments? Why leave this loaded gun on the table? This is wrong in principle and dangerous in practice.
I look forward to our debates in Committee. I hope the Government will listen and allay my fears. If they do not, I am sure we shall have to truncate their Bill.
Earl Leicester (Con)
My Lords, what a treat it was to listen to the wonderful maiden speech from the noble Lord, Lord Moore of Etchingham. Let us hope for many more in this Chamber.
I hope noble Lords will forgive me if I speak to just one aspect of the Bill: photo identification. The Elections Bill will implement photo identification in polling stations in UK parliamentary elections in Great Britain and local elections in England. Councils will offer a free voter card if an elector wants one. Some form of photo ID is needed to deter and prevent personation fraud. At present, it is harder to take out a library book or collect a parcel from a post office than it is to vote in someone else’s name.
In 2003, the last Labour Government introduced photo identification at polling stations in Northern Ireland. It has helped prevent election fraud and has not harmed voter participation. Labour Government Ministers said then that:
“Personation at the polling station will be made much more difficult by the requirement for all voters to provide a specified form of photographic identification … The measures will tackle electoral abuse effectively without disadvantaging honest voters … to ensure that no one is disfranchised because of them.”—[Official Report, Commons, 10/7/01; col. 739.]
They said they would not be introducing the measure if they believed that thousands of voters would not be able to vote because it.
If Labour now thinks identification to vote is so wrong, why is it not campaigning to repeal its own laws? Should electoral fraud be tolerated in Great Britain but not in Northern Ireland? Does Labour believe that most European countries which require photo ID engage in so-called voter suppression? Many constituency Labour parties currently require two types of voter identification to vote in Labour Party candidate selections—members are told to bring photo ID. Shadow Minister Cat Smith has attacked voter ID, saying we should consider
“how difficult it is for so many people in this country to have access to ID, because it is expensive—£80-odd for a passport and £43 for a driving licence.”—[Official Report, Commons, 7/9/21; col. 210.]
But photo ID in either of those two forms was required to attend the 2019 and 2021 Labour Party conferences. This is political opportunism by the Labour Party.
Labour has claimed that the rollout of individual electoral registration in Great Britain, as used in Northern Ireland, would lead to mass disfranchisement, yet the electoral register in the 2019 general election was at its highest ever level. Its shrill claims on voter identification are similarly bogus and are also shown to be false by the extensive Northern Ireland experience and the 2018 and 2019 pilots held in some areas of England.
There have been no reported cases of polling station personation in Northern Ireland since the law changed in 2003. Indeed, the Electoral Commission observed in 2015 that
“there have been no reported cases of personation. Voters’ confidence that elections are well-run in Northern Ireland is consistently higher than in Great Britain, and there are virtually no allegations of electoral fraud at polling stations”.
Furthermore, in its 2021 public opinion tracker, the Electoral Commission did not record a single Northern Irish respondent reporting
“I don’t have any ID / I wouldn’t be able to vote”.
International election observers have repeatedly called for the introduction of identification in polling stations in Great Britain, saying that its absence is a security risk. The Organization for Security and Co-operation in Europe, the OSCE, has said that
“serious consideration should be given to introducing a more robust mechanism for identification of voters.”
Furthermore, our own Electoral Commission has called for the introduction of identification in Great Britain for many years, at least since 2014.
With regard to some noble Lords on the Opposition Benches stating that there is very little voter personation in our elections and that there has been only one successful prosecution, by definition personation is a crime of deception. A low number of reported cases equally suggests that such deception may not be detected. Personation is very difficult to prove and prosecute. Data is limited by the nature of the crime.
Finally, on the possibility that photo identification might deter hesitant minority groups from voting, I find this view somewhat patronising. Electoral fraud undermines the fundamental right to vote in free and fair elections. It deprives voters of their voice and their ability to have their say. Evaluations of the 2019 election pilots found that voter identification increased confidence among ethnic minorities that elections were free from fraud and abuse to 97%. Confidence also increased among younger voters. The Electoral Commission’s research has warned that residents are at greater risk of electoral fraud in ethnically diverse areas. I commend and support the Bill.
Baroness Hayter of Kentish Town (Lab)
It is nice, while welcoming that I follow the noble Earl, Lord Leicester, to disagree with everything he has said, including that he hopes the noble Lord, Lord Moore, who he so enjoyed, will speak more. As a historian, although I have to say not of his eminence, I am slightly worried that, if the noble Lord speaks many more times, we will not get more books out of him. I ask that he keeps a balance, because we like his writings as well.
Much has been made of what I think are the completely unnecessary and indeed harmful mandatory requirements for ID at polling stations. Worse, as we have heard, is that this stands alongside the ability of expats, perhaps out of this country for 20 or 30 years, to vote by post with absolutely no check that they are alive or that they ever lived, worked or went to school here, or anything else. We will not even check that they are not in prison at the time; our own citizens who live here and are in prison are not given the vote, but these people will be. We are talking of people who do not live here or pay their taxes here—this really is representation without taxation. They do not depend on our schools, our health services, our roads, our police, our universities or anything that our taxes and our Government are responsible for but over which they would now be given a vote—even those, as we have heard, who may have no intention of returning here at any time.
It is true that other nations sometimes permit their nationals to vote, but they usually get them to do so at the embassy here; we have often seen them at election time turning up to vote. In fact, to retain your vote in America, you also have to be liable for American tax. So what we are doing is quite exceptional. We are offering those people a vote with no checks, and not even requiring them to do jury service, at a time when 16 and 17 year-olds, whose whole future is in the hands of the Government, still get no vote in elections.
Worse still, these expats will become permitted donors—that is, they can give virtually unlimited amounts of money, with no checks on its provenance, to UK political parties, as the noble Lord, Lord Rennard, and my noble friend Lord Grocott have spoken about. I wonder which political party might be the beneficiary of some fairly opaque offshore money from long-exiled Britons—answers on a postcard, please. We should be reducing, not increasing, overseas donations to our political parties. These sorts of donations, even if declared, will tell us nothing about the people involved, who will have contributed nothing to our civic political life or paid any taxes if they are such long-term non-residents.
So why does the Tory party want to add them to the electoral roll? I will wager that it is not for their votes but for their donations. Indeed, despite my putting down a number of Questions, the Government have been unable to tell me how many of those expats currently able to vote have done so—and if the Government do not know, they probably do not care. It is getting some long-term non-residents into the permitted-donor category that is behind this move. The noble Lord, Lord True, is an honourable man, so if I am wrong and this really is in order to allow our wonderful Labour member in Rome, Harry Shindler—who the Government normally cite every time we talk about this—to vote, the Government will accept the amendment to restrict donations to people who are both on the electoral roll and resident in this country. If the Government refuse to accept the amendment, we will know it is all about enabling wealthy non-residents to fund a British political party. Indeed, at Prime Minister’s Questions today, the Prime Minister reasserted that money would be taken only from those on the electoral register—which is why he is extending enormously the number of expats who can now go on to the register.
We have been reading a lot about how the Conservatives like taking rather large bundles of dosh from money that has originated abroad. The wife of a former Putin finance Minister apparently paid £160,000 for a game of tennis with Boris Johnson. I gather that she is the most generous ever female donor to a political party—and I thought women had good political sense. We know there are many such examples of money from somewhat dubious sources finding its way into, I am afraid, the Conservatives’ coffers. While the Bill is about UK nationals, who is to say that those living abroad may not assist in facilitating such generosity, given the absolute lack of checks? It will be impossible to be sure that they ever lived here, because we do not have records going back over 30 years and no system is being set up to undertake such due diligence. So we risk disenfranchising some people with ID checks while giving the vote to people who do not live here, pay taxes here or have any ambition to return here.
This Bill is not good for democracy. I do not think it is good for the Conservative Party either, because if it gets more donations this way, it will become public, and that will not be in its interests.
Baroness Humphreys (LD)
My Lords, I add my congratulations to the noble Lord, Lord Moore of Etchingham, and welcome him to his place.
I shall speak on two main issues in this debate on the Elections Bill: voter ID, which many noble Lords have already spoken about, and the amendment of the role of the Speaker’s Committee on the Electoral Commission. I shall examine the impact that the Bill will have on the devolved Administrations in those areas.
The UK Government’s commitment to, and insistence on, the production of photographic identification to vote, to avoid the perceived threat of personation fraud, is surely a case of a solution desperately searching for a problem. There is no evidence of widespread personation at elections. Only 33 cases were identified in the 2019 elections out of the 58 million votes cast in all the elections that year, and in total there was only one conviction for personation and one caution. This legislation is taking the proverbial sledgehammer to crack the tiniest of peanuts. It is difficult to understand the UK Government’s motivation here, and difficult to deny the accusation that they are deliberately attempting to disenfranchise those they see as not particularly supportive of them at election time.
The Electoral Reform Society Cymru paints a vivid picture of poll clerks at future elections becoming
“bouncers at the ballot box, turning away potentially thousands of would-be voters each election.”
As the Welsh Government point out in their legislative consent memorandum, the Bill’s provisions would apply only to reserved elections in Wales. I am pleased that the Welsh Government do not support the Bill’s proposals to introduce voter ID, while recognising that the Bill does not seek to apply these proposals to devolved elections in Wales. For me, however, as a Welsh voter, it is helpful to have clarity from the Welsh Government on their thinking on these issues, and to know that in Senedd elections, Welsh referenda and local government elections, voters in Wales will continue not to need photographic ID.
There are, however, interesting times ahead in Wales if this Parliament accepts the UK Government’s proposals. Devolved elections and reserved elections happening on the same day will lead to confusion for voters, as voter ID will not be needed for one set of elections but will be needed for the other. I am sure that our election returning officers will ensure that chaos does not reign.
The proposals to amend the role of the Speaker’s Committee on the Electoral Commission are extremely worrying, and the introduction of a strategy and policy statement is criticised as being an attempt to impinge on the commission’s independence. Many of your Lordships have already commented eloquently on these changes, and I will not delay proceedings by repeating what has been said. I do, however, want to add comments on the impact of this in Wales. As the noble Baroness, Lady Gale, mentioned, since the Senedd and Elections (Wales) Act 2020, the Electoral Commission has been accountable to the Senedd by way of the Llywydd’s Committee—Wales’s equivalent of the Speaker’s Committee—in relation to devolved Welsh elections and referenda. The Act also provides for the Electoral Commission to be directly funded from the Welsh Consolidated Fund.
This Bill, however, appears to disregard the role and the status of the Llywydd’s Committee and gives limited consultation rights on the draft statement to Welsh Ministers in relation to the commission’s devolved Welsh functions. Being overlooked, or perhaps disregarded, in this way is disrespectful to the Llywydd’s Committee and diminishes its status. I believe that the Llywydd’s Committee has been in correspondence with the UK Government, stating that its view is that the Bill
“should be amended to require that the Llywydd’s Committee be consulted if the UK Government intends to issue Strategy and Policy Statements which relate to the exercise of the Electoral Commission’s devolved Welsh functions.”
This, of course, would provide parity with the UK Government’s required consultation and engagement with the Speaker’s Committee. Could the Minister update us on any discussions held between the two Governments about recognising the status of the Llywydd’s Committee?
It is the Welsh Government’s view that consent should not be provided to the Bill. As expressed in their memorandum, they wish to bring forward their own legislation for scrutiny after a period of consultation with stakeholders—a process that this UK Government should have followed in the production of the Bill.
Lord Kerslake (CB)
My Lords, I should first declare my interest as a vice-president of the Local Government Association. My other interests, including my advisory work with a number of metro mayors, are listed in the register. I too enjoyed the speech by the noble Lord, Lord Moore, and welcome him to the House. It reminded me that he once wrote a piece taking me to task for doing a speech about the moral superiority of the Civil Service. It was a powerful piece with only one flaw: I did not make the speech. Somebody else made the speech, but I did enjoy the attention.
Our democracy is precious to our way of life in this country, but it is also fragile. We need only to look at Russia, Turkey and Hungary to see what happens when the democratic process is suborned. We should never be complacent about the risks. It follows from this that any changes to the laws governing our electoral process must be made with extreme care, be guided by clear evidence, enjoy cross-party consensus and be subject to extensive pre-legislative scrutiny and consultation. Had that path been followed by the Government in this instance, I think all sides of the House would have welcomed such a Bill.
There clearly are ways we can improve the security and transparency of our elections in the UK, and we can all agree on those. Sadly, and although there are some positive things in the Bill, this consensual and open approach is not the approach the Government have followed. The Bill is being pushed forward with unseemly haste and with some provisions both deeply flawed and deeply partisan. As such, all Members in this House should be concerned about a Bill that seriously risks weakening—not strengthening—our democracy.
There is not time to do justice to all my concerns, and other noble Lords have spoken on many of them, so I will highlight just four areas of particular concern. First is one that has been commonly mentioned: the undermining of the independence of the Electoral Commission by giving the Secretary of State powers to direct its work through a strategy and policy statement. If we had any doubts about the issues involved here, they should have been removed by reading the Electoral Commission’s extraordinary letter, signed by all bar one of the commissioners, which said in clear terms that they were concerned about these provisions. Given that and the debate we have had today, the Minister should seriously acknowledge the issues and consider urgently rethinking this part of the Bill.
My second concern is the introduction of the requirement to have photo ID in order to vote, which the campaign organisation Liberty, as others have quoted, has accurately called
“a solution in search of a problem.”
It is particularly frustrating given that we have many real problems that are not being sorted. The evidence for personation is tiny—I am a former returning officer—and far outweighed by the evidence that people will be prevented or inhibited from voting by the proposals put forward by the Government. Moreover, we know it will be younger and lower-income people who are most affected. I am very doubtful that we need this at all, but if it is going to go forward there must be much stronger mitigation measures in place, as others have said.
My third concern is the change to the rules on campaign expenditure, which could significantly curtail the campaigning ability of a number of organisations, including the trade unions. Let us be clear about it: these provisions are poorly thought through and laden with unintended consequences. They need to be either taken out or fundamentally revised.
Fourthly and finally is the change in the voting system for the election of mayors and police and crime commissioners from the current supplementary voting system to first past the post. As we have already heard, this was introduced late into the Bill in Committee, so the normal scrutiny was avoided. It has been argued that it is a fulfilment of the Conservative 2019 manifesto commitment. It is nothing of the sort. That manifesto said:
“We will continue to support the First Past the Post system.”
“Continue” is the key word here—a clear reference to retaining the existing first past the post elections, not changing the existing elections run by a different system. It rides roughshod over the original consultation done at the time the London mayoral post was created, which showed a clear majority in favour of a different voting model from first past the post.
I have to say that, despite searching, I can find absolutely no evidence of public concerns about the current voting arrangements. It is, to coin the Minister’s phrase, a tried-and-tested system that has run for 22 years in five elections in London. I am reluctantly forced to conclude that the only reason the change is being put forward is that the current party in power has not been very successful in elections under this system recently. That is not a good reason for changing the system. In short, I see no case for this provision being in the Bill and I think it should be removed.
To conclude, all the available evidence, including the report of PACAC, as we have heard, tells us one clear thing: that there are deep concerns and issues with the Bill that need a great deal more time and consideration than the five days currently being allocated for Committee. Unless the Bill gets proper consideration by this House, I fear that we will be legislating in haste now and deeply regretting it later.
Baroness Jones of Moulsecoomb (GP)
My Lords, I too really enjoyed the speech of the noble Lord, Lord Moore, and I congratulate him on it. I welcomed him earlier when I was introduced to him in the Long Room, and I have to say that he seemed like a very nice man—for a Telegraph editor.
I do not doubt the Minister’s integrity, but his opening speech was full of inaccuracies and presumptions. I will check Hansard and come back to him on all those, but he mentioned the precautionary principle, which is crucial. [Interruption.] He did not? Well, I will come back to him on anything he did say. This Bill could have been an opportunity to improve our democracy so that every person’s vote counts. Instead, the Government are taking a backward step by forcing first past the post on more elections.
London has enjoyed a much more dynamic and engaging political landscape than the rest of England because the system has allowed people to vote for the party and the candidates they actually like, rather than feeling forced into voting for the lesser of two evils. Indeed, Boris Johnson was elected as Mayor using the supplementary vote system—I guess that is actually an argument against PR; I am sure many of us regret that. It is a great shame that the Government want to trample on this vibrant democracy by forcing the dominance of the two-party system. There is no justification for it and no suggestion that voters want their votes to be constrained in this way. We should be moving away from first past the post, not bringing it back.
Many noble Lords, including Ministers, have said to my noble friend and me that, while they disagree with us on almost everything, they are glad that we make the contributions we do to your Lordships’ House. The Minister can just nod if he agrees with what I have just said. It could obviously be flattery, but there are many more Greens who could make a huge contribution to society through being elected, as well as independents and smaller parties. Many people who are really working hard at a local level can be shut out by these changes. Moreover, there are many people who ought to be elected, who would make incredible contributions to public life and represent substantial sections of the public, but who are shut out by first past the post. The Minister said that the justification for reinstating it is that voters find the alternatives too confusing. That, frankly, is very patronising. Rather than saying it is too confusing, why do the Government not improve civic and political education? I cannot see that the Government are making sense on this issue.
I am possibly the only person in your Lordships’ House who has been elected under proportional representation and first past the post, and under the former I represented far more people than I could when elected as a councillor under the latter. So, I can see the value in proportional representation as something that enables more people to feel engaged with politics. The two Greens in your Lordships’ House will oppose the rollback of democratic choice because we think every person’s vote should count.
Another issue we must grapple with in the Bill is the corrupt funding of British politics. Inevitably, any system that allows the rich and powerful to make unlimited donations—noble Lords might say there is a cap on donations but actually, of course, people can make a lot of smaller donations—will result in undue political influence by those donors. We should be curtailing the influence of big donors on politics. More pressing, especially in light of the new Russian sanctions, are the loopholes that allow oligarchs and shady foreign donors to infiltrate British politics. One example that arose in the 2019 general election was the possibility that huge amounts of money could be donated by one donor, as I said, making lots of different donations. These loopholes have to be closed to protect the integrity of our elections. It is big money and corruption that is undermining trust in politics, as well as the Government, the Cabinet and the Prime Minister. Generally, people are concerned about corruption and lies. The big parties rely on big donors, obviously, but we need them to fix the system.
The Green Party’s position on the injustice of prisoners’ voting rights is that there should be no blanket ban on those rights. It is nearly two decades since the UK was declared to have been in breach of the European Convention on Human Rights for the blanket ban on prisoners’ voting rights. Any decision to deny a prisoner their right to vote should be passed in sentencing, taking into account the particular circumstances of the individual case. I feel this is rather important because, of course, there is a possibility I could be arrested during the protests I attend, and I might get sentenced and sent to prison. Then, I would be doubly denied the right to vote, which I find quite oppressive. If people protesting are subject to the sorts of restrictions the Government are already trying to impose through the policing Bill, they are doubly denied.
The Government’s priorities in this Bill are all wrong. I look forward to working with other noble Lords to improve it and, as far as we can, stop it in its tracks.
Lord Naseby (Con)
My Lords, it was a real pleasure to listen to the noble Lord, Lord Moore of Etchingham. I have never met him, other than through the written word, though I have to say I must have read thousands upon thousands of those words; I felt a chemistry and was absolutely delighted when he was able to join us.
I support this Bill. I am particularly pleased that my noble friend on the Front Bench is taking it through the House, because those of us who have served on other Bills he has been in charge of know that he has patience beyond belief and a thoroughness which we all ought to recognise. The noble Baroness just said, on voting patterns, that, basically, not having won under first past the post meant that she represented a bigger proportion of the population. When I was elected with a majority of 179 in Northampton South, I believed I represented all of the people of Northampton South, not just a marginal majority, or even a majority. Perhaps she was too influenced by the green movement, and anybody else was not to be represented by her.
I look around the Chamber and I think that we who were elected are in a minority, which says something, just by way of an observation. I say to my noble friend on the Front Bench, though, that I think the size of the Bill might have been helped had there been pre-legislative scrutiny, even possibly some kind of Speaker’s conference. Nevertheless, we have a large Bill and a lot of work ahead of us. I just want to highlight a couple of issues that I think are relevant. The report published by the Committee on Standards in Public Life, on regulating election finance, was an important one. I know Her Majesty’s Government have responded to a number of the points made, but I suspect that more will come up in Committee and I think it deserves some real in-depth response.
There have been one or two comments about young people not registering. I happen to have two granddaughters, aged 17 and 16—thank goodness, otherwise I would not be the least bit competent in terms of modern technology. I mix with their friends, and they are all on the ball. Okay, they are middle-class; nevertheless, I believe that with modern technology, the online and the Twitters and all the rest of it, young people today, at every level of society, will take an interest—much more than we perhaps did as young people ourselves.
I also draw attention to the evidence given to my noble friend from the RNIB, about the difficulty in voting for some people, particularly the blind. Again, there have been major developments in terms of communication for the blind and the deaf, and I hope we can look at those sympathetically and not leave it totally to the discretion of the returning officer.
On photo ID, I do not have the problems that others seem to have. My noble friend Lord Leicester covered this in great depth this evening. I did have the experience of fighting a by-election in Islington North. I cannot remember whether it was the Times or the Daily Telegraph that observed how it appeared that in one particular community a large number of people—estimated at a dozen—were represented by one particular person who delivered the vote with the voting cards. At any rate, that issue has been dealt with, so we do not have this problem today.
I will raise one other issue that has not been raised by anybody else. As I have just mentioned, I was elected in February 1974 with a majority of 179 votes. I actually lost by nearly 200 on the first vote. I had a tip-off from the deputy returning officer saying, “Break the bundles”. In those days, we voted with elastic bands around 25 votes—four 25s are 100—and a sticker on the top, “Lab”, “Lib” or “Con”. So I duly told my agent, “We need to break the bundles”. Lo and behold, I actually won by about four or five votes the next time. Understandably, my opponent, the Labour candidate, said he wanted a recount—and I ended up with 179. I do think that we need to look at the security or accuracy of voting, so that we do not have to have all these recounts. It must be possible to achieve that in today’s world.
Finally, I return to the fact that, on 19 February 2019, I had a very important Bill—the Extension of Franchise (House of Lords) Bill—which I was pleased to present to this House. It had a Second Reading but ran out of time. That was an important Bill because we are the only upper House, of nearly 200 in the world, where none of us may vote in a general election. The reason given, since 1699, is that we control finance here—but we do not. We do not vote on financial matters; those days have gone. It is high time to address this. With the help of my friend opposite, the noble Lord, Lord Blunkett, as well as the noble Lord, Lord Dubs—both of whom have had similar Bills— I hope we can produce a suitable amendment to this particular Bill.
Baroness Chakrabarti (Lab)
My Lords, I join the lengthy welcome queue to congratulate the noble Lord, Lord Moore of Etchingham. We have friends and—I believe—values in common. We have some differences, including perhaps even some around this Bill. But I have no doubt that he will be an asset to your Lordships’ House.
To be a passionate democrat is not uncomplicated. It often comes with zeal for a particular political persuasion and programme—but surely also a jealous defence of rights, freedoms and the rules of the game. To have the privilege of being in government must surely be to attempt to balance the instinct permanently to campaign, and to use the tools of government in that endeavour, with the precious stewardship of our constitution in general, and our electoral system in particular.
The noble Lord, Lord Moore, referred in his eloquent maiden to the pandemic. For me, some of its most moving moments involved the courage and sacrifices of ordinary citizens, including volunteers and front-line workers, as well as the wonderful scenes of lines and lines of our people queuing for their NHS vaccinations—not unlike people throughout the democratic world, and history, queuing to exercise that precious right to vote. It would be odd and self-defeating for any democratic Government with a clear Commons majority to cast too much doubt on the integrity of our popular mandate in action—still more to be seen to legislate to make it harder for poorer people to vote and easier for the wealthy and powerful, and governing party interests, to influence the administration of the polls. This spring, the minimum wage for people over 23 will rise to the princely sum of £9.50 an hour; and universal credit for those aged 25 and above will rise to £334.91 per month. Therefore, at £75, a passport costs a great deal of money for many of our ordinary citizens.
At the risk of irritating some of my noble friends—and perhaps not for the first time—I have spent a great deal of my working life in concert with Liberals and Conservatives against the principle of compulsory photo ID before ordinary Britons may exercise their fundamental rights. So I shall be listening to, and working with, noble Lords across your Lordships’ House on amendments on voter ID and, furthermore, to achieve automatic voter registration for citizens. If a national insurance number is automatically generated and issued on an 18th birthday, why not a registration to vote?
A poignant moment of contemporary cinema comes to mind. In Ava DuVernay’s 2015 “Selma”—which I commend to all noble Lords, particularly those who propose to spend time in Committee on this Bill—a care home worker, played by Oprah Winfrey no less, seeks to register to vote. A white male bureaucrat accuses her of “starting a fuss”. He proceeds to ask her to recite the preamble to the United States constitution. He asks her, “Do you know what a preamble is?” As a viewer, I had my heart in my mouth, along with—I have no doubt—my democratic friends of all stripes on both sides of the Atlantic. She begins, “We the people”, and proceeds flawlessly—I am not spoiling the film; there is much more to it—before he interrupts with, “How many county judges in Alabama?” She says, “67”, and he replies, “Name them”. She sighs and, on her application, he stamps “Denied”. The rest, as they say, is history.
Lord Cormack (Con)
Well, I am sure we are very grateful to the noble Baroness for that moving conclusion to her very interesting speech. Listening to every speech this afternoon, there has been one subject on which every Member has spoken and agreed: the excellence of the maiden speech of the noble Lord, Lord Moore.
Beyond that, there has not been a particular degree of unanimity. Many noble Lords have real misgivings about this Bill, or aspects of it. I will begin by saying that I enthusiastically support the Bill on one issue: dealing with the gerrymandering of postal votes. I think we can all agree that that does nothing but bring the system into disrepute where it happens—Tower Hamlets has been cited many times.
On the issue of compulsory ID, I am one of those who, unlike the noble Baroness who has just spoken, gave support to the Labour Party’s suggestion that we should all carry those documents. Had that happened, of course, there would have been no problem. But some very important points have been made, not least by the noble Lord, Lord Janvrin, when he talked about the millions of missing votes.
I agreed very much with the noble Lord, Lord Grocott, when he said he did not think there was justification for extending the 15-year limit to those who live abroad. If they have lost contact with their home country, it is by their own choice. Many of them are not taxpayers. If they were, there may be a case, but it is not something I could get enthusiastic about, although I could not help, as a former remainer, thinking that had they had the vote in 2016, the result might have been rather different—but that is another point.
The noble Lord, Lord Hayward, was right when he said that after 22 years it is right that we reassess the role of the commission. I am delighted that my noble friend Lord Young of Cookham has taken his seat; I am sorry he was not able to take part in the debate because he and I—he as the shadow Leader of the House and I as his deputy—had the task of speaking for the official Opposition in the debates 22 years ago when the Electoral Commission came into being. Both he and I gave it enthusiastic support. Of course, after 22 years it is right that it should be reassessed.
But I have never seen such chilling words in any Bill from any Government of any party. The noble and learned Lord, Lord Judge, in his splendid speech, has already referred to them. The
“statement for the purposes of this section … is a statement prepared by the Secretary of State that sets out … strategic and policy priorities of Her Majesty’s government relating to elections”.
I will not read the rest; the noble and learned Lord, Lord Judge, read it. But they are indeed very chilling words.
One of the things that has increasingly concerned me over the last couple of years has been the tendency of this Government not to regard themselves as accountable to Parliament but to regard Parliament as a creature of government. We have seen this time and again with Christmas tree Bills and Henry VIII clauses. It is inimical to me as a one nation Conservative that Governments should seek to usurp the role of Parliament and not accept their accountability to it, and take an independent body, which is of course not perfect and could be improved, and make it their creature. That, in effect, is what those clauses—which I hope we will take out in your Lordships’ House—do. They make the Electoral Commission the creature of government.
That is not only chilling—one thinks of what certain Governments might do. Somebody spoke earlier about the 2019 election. If the result had gone the other way, would we on this side of the House have supported a Bill that included clauses such as that? No, we would not. If we live by the mantra of “Do to others as you would be done by”, we have a duty to cut out these clauses. They reflect no credit on government; they do not strengthen our electoral system in any way, by one jot or tittle; they do not belong in a Bill passed by a democratic Parliament—a Bill that should be strengthening our democracy and not weakening it. I finish there, but I really believe we must look at that very carefully and deal with those clauses.
Lord Lipsey (Lab)
My Lords, the noble Lord, Lord Moore, if he did not know it before, will now have the feeling that this is a slightly peculiar House. We have had a wonderful debate this afternoon with magnificent points made. I have to say I have found most of them critical of the Bill, but nobody has quite dared to call a spade a spade. This is a partisan measure; the great majority of it is partisan and designed to improve this Government’s electoral chances. This Bill out-trumps Trump.
I will give two or three examples—they have all been referred to but not everybody has said them yet. First, voter ID: there is no evidence of any problems arising with the current system. But we now have the evidence of the respectable Joseph Rowntree Foundation, which shows that 1.7 million, mostly low-income, voters will be disenfranchised as a result. Are those natural Labour voters, Lib Dems or Greens, who will be disqualified? Yes. Are they Tory voters? No. One big gain for the Conservative Party.
Take the 15-year limit for overseas voters being able to vote in the UK. This, in the words of the leading constitutional expert Professor Robert Blackburn of KCL, flouts two important principles of the British electoral system: that the basis of the parliamentary system is the representation of constituencies and that the basis of the right to vote is one of residency in a constituency. Let these fundamental principles go hang, for the Government have a more fundamental principle. All those Tory voters sipping their gins and tonics on the Costas should be allowed to go on voting as long as they can, even when they have lost all association with their home country. We know what will happen; anyone who has been in this House knows that we will again start getting letters from these people saying they are pensioners being unfairly kept down because they have not got votes. This is another partisan measure.
Dropped in at the last minute was the substitution of first past the post for the supplementary vote for mayors and police commissioners. Is that really a considered response to the relative weights of electoral systems—something which, as a member of the Jenkins committee, I have spent only too much time thinking about? Of course not. It goes like this: the latest Redfield and Wilton opinion poll gives the Tories 33% of the vote. It gives Labour 39%, with the Lib Dems on 11% and the Greens on 7%. Under first past the post the Tories are doing pretty well—they will soon catch up with Labour and take the lead. But if most of those Lib Dems and Greens have a second preference for Labour—I think that is highly probable—it would be Tories 33%, Labour 57%. They cannot have that, and SV must go. Then there is the end of the independence of the Electoral Commission. If you may be losing the match, there is nothing like shackling the referee.
We really need an election Bill at this time. Most powerfully, we have the unimplemented proposals of the Law Commission for major changes designed to clean up our electoral system. We are not going to get that Bill before the next election because we have got this instead. It demeans those who have brought it forward.
I conclude with one short constitutional point. We are all taught when we come to this place—I was taught it by the noble Lord, Lord Cormack—that as a non-elected House we always give way to the elected House. In general, I would go along with that. But what if the lower House, put up to it by an unusually partisan Government, agrees reforms to elections designed not to make them more democratic but to create a partisan bias in favour of them? Should that rule still apply? In the next Parliament, after an election held under those deeply biased rules, does it apply then? Have I still got to allow everything a House elected under a bent system submits?
I do not answer that question yet because I deeply hope that, in Committee, the Bill will be greatly improved and the particularly offensive proposals it contains, such as those on the Electoral Commission, will be removed. However, if the Government go on pretending that they are doing this to improve our electoral system when they are actually doing it to improve their electoral chances, your Lordships have a right—indeed, a duty—to stand up and be counted.
Baroness Meacher (CB)
My Lords, I welcome the noble Lord, Lord Moore, whose excellent maiden speech I thoroughly enjoyed.
I share the considerable concerns expressed across the House about the introduction of political control over the Electoral Commission. The reference made by the noble and learned Lord, Lord Judge, to the proposals for the Electoral Commission as “chilling” clearly resonated across the House. Does the Minister really support the consequence of Part 3: that the sitting Government—which, somebody mentioned, could be led by Jeremy Corbyn, or perhaps even worse—would have the power to change how our elections are conducted and policed? The noble Lord, Lord Wallace, made the point that there is no evidence to support the need for this change.
My concerns about the provisions of the Bill are not limited to Part 3 but pretty much everything that needs to be said has already been said, so I will keep my comments brief. However, the Minister needs to take on board not only the depth but the breadth of concern about a number of the provisions in this Bill. Those have been expressed not only here but by many organisations, parliamentary committees, Conservative MPs and, indeed, Conservative donors.
As the noble Baroness, Lady Fox, quoted, experts in this field have said that this Bill would not look out of place in Hungary, Russia or China. That is one hell of a thing to say about a UK Government’s proposition. It undermines our democracy and risks further reputational damage to the UK across the world. A major donor to the Conservative Party expressed his concerns on Radio 4 this week, saying that the Government are introducing policies that he would not expect from a UK Conservative Government. Surely he is right. Policies such as this one would not have been conceivable under previous Conservative Governments.
The Bill has been condemned from all sides. Free and fair elections are, as others have said, fundamental to our democracy. The Public Administration and Constitutional Affairs Committee points out that we could expect about 1.1 million people not to vote if the Bill goes through as presently presented with a mandatory voter ID requirement. David Davis, no less, a Conservative MP, describes this Bill as an
“illogical and illiberal solution to a non-existent problem.”
Again, surely he is right. Since 2014, only three people in the UK have been convicted of voter fraud—impersonation, basically. Can it possibly be proportionate to introduce a policy resulting in more than 1 million people not voting in order to prevent an entirely insignificant number of people per election committing voter fraud?
According to the Electoral Reform Society—other noble Lords referred to this point—about 9 million eligible voters are missing from the electoral roll. Surely an important role for the Bill would be to do something about that appalling state of affairs. The voters lost as a result of the Bill would be concentrated among the very elderly, ethnic minorities and the poor, and could therefore significantly change the result of any election. As has already been said, this is a deeply partisan Bill with a very clear intention to skew election results. That is deeply worrying.
Along with others, I sincerely hope that the Government will take back these proposals and think again.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I begin by associating myself with two themes that have been part of almost every other speech: first, the importance of a well-organised electoral system in which the public have trust and confidence, which is a critical part of our democracy; and, secondly, I add my congratulations to the noble Lord, Lord Moore, on his witty and informative speech.
We have before us a very big Bill—my noble friend Lord Naseby had a point when he said that it might have benefited from pre-legislative scrutiny—but, in six minutes, one has to focus one’s comments. I will focus my remarks on an area that has not had much attention so far: third-party campaigning. My interest in this is because I was appointed by the Government to review Part 2 of the rather inelegantly named Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act, hereinafter called the 2014 Act. I argued that, if a properly funded and properly organised electoral system is critical, a vibrant civil society is also a critical part of a well-functioning democracy. It is through the hundreds and thousands of charities, voluntary organisations and pressure groups, which are spread the length and breadth of the land, that our fellow citizens find ways to give power to their voice and opinions.
From time to time, of course, they will seek to speak truth to power, and sometimes power finds that uncomfortable. However, on the other hand, civil society is clearly not staffed entirely by angels, so there will be groups that seek to push the envelope in ways that are to the detriment of the system overall. That is why it became clear to me that, while some groups argued for the complete repeal of this part of the 2014 Act, they were wrong. If we are to avoid some of the unpleasantnesses that have emerged in the American electoral system and which have featured in other noble Lords’ speeches this evening, we need to have a proper regulatory system that balances these two difficult things. Indeed, I entitled my report, Command Paper 9205, Getting the Balance Right.
I will pick up on one general point. Here, I pick up the point made by the noble Baroness, Lady Hayman, and later on by my noble friend Lord Hayward. Many people thought that the 2014 Act was an entirely new Act. It was not. It made amendments to Part 6 of the PPER Act 2000 and now, in Clauses 24 and 27, we are making yet more changes to Part 6 of PPERA. It becomes increasingly difficult and hard to understand the implications of what is being proposed. It seems a pity that a person inevitably has to reach for a lawyer to guide him or her through these statutory layers. It could be argued that the statutory framework that underpins our electoral system ought to be, wherever possible, comprehensible to the reasonably informed reader. Can my noble friend the Minister say when he comes to wind up whether the Government have any plans not just to consolidate the 2000 and 2014 Acts but to take in the Representation of the People Acts, particularly that of 1983, so that we have in one place a statute that covers the conduct of both local and national elections and associated matters?
On the implications of the Bill for third-party campaigning, there are some areas that we might wish to probe in Committee. First, the regulatory period before elections take place, which is set at 12 months, is arguably too long. The rules governing joint campaigning are arguably too complex. The rules defining membership of an organisation are arguably too lax. However, I want to spend my last minute and a half on the other major area of concern: what is known as the intent test.
The 2014 Act broadened the range of activities caught by third-party campaigners to those that
“can reasonably be regarded as intended to promote or procure electoral success”.
This, it was argued, had what was called a chilling effect on all third-party campaigning. It is the Electoral Commission that decides what can be “reasonably be regarded”, and it is no criticism of the commission to point out that it is not under direct democratic control. We come to the point made by the noble and learned Lord, Lord Judge, earlier; he and I are on the same side as regards making sure that the power of Parliament against the Executive is properly maintained.
This is not even secondary legislation; it is tertiary legislation. It follows the point identified in the democratic deficit report produced by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House in November 2021.
One way around this is for the Electoral Commission to produce a code of practice which would be debated and passed by your Lordships’ House and by the other place. Compliance with it by a third-party campaigner would then have a statutory defence. We might look at this as a way of lancing this boil of suspicion and mistrust.
In conclusion, I absolutely support a proper, organised electoral system. It is important not just to politicians and political parties but to ensure that every one of us has a chance to express our views directly or through organisations which we support. This is why we need to get the balance right.
Lord Sikka (Lab)
My Lords, this Bill is part of a power grab by the Government and it is hard to find any redeeming features in it. I cannot support the imposition of photo ID for voting, against which many noble Lords have already spoken eloquently.
Where exactly is the evidence of voter fraud? In 2019, there was a general election, a European Parliament election, local council elections, mayoral elections and police and crime commissioner elections. There were only four convictions and two cautions for voter fraud in all those elections put together.
More importantly, where are the Government’s credentials which show that they are interested in fighting fraud? The Government themselves have seriously facilitated ID fraud on a massive scale. Let me give some examples. For the payment of just £12, anyone from anywhere in the world can form a company in the UK. They can use imaginary names and fictitious addresses—absolutely no authentication check of any kind is made at Companies House. A few days ago, I drew the Government’s attention, through Written Questions, to the names of directors registered at Companies House. These included “Adolf Tooth Fairy Hitler”, “Lord Truman Hell Christ”, “Judas Super-Radio Iscariot”, “Victor Les-appy Hugo” and a “Joseph Smith Jr” who gave his occupation as “Guardian Angel of the Ring of Mormon”, among others. All these were accepted, and these people got certificates of incorporation with which they could open a bank account and connect with the world’s financial systems. In the past 12 years, there has not been a single legislative reform to curb this.
The Government claim that they are interested in fighting fraud. First, they cannot provide evidence of voter fraud. Secondly, their own records show that they have no intention whatever to do so. They are simply seeking electoral advantage by claiming that they are fighting fraud. There is no other reason.
The Electoral Commission tells us that the imposition of photo ID will prevent many people participating in their God-given democratic right. The commission has already fined the Conservative Party for failing accurately to report donations. The revenge has been swift. The Bill neuters the powers of the Electoral Commission and hands them to the Government, who will inevitably use them against campaigners, while those on their side receive less scrutiny.
Scotland uses proportional representation. It would be helpful to know if the Minister is going to force the Scottish Government to abandon that and use the first past the post system. This is what the Government are proposing, for England at least. The UK and Belarus are now the only countries in Europe to use the first past the post system for general elections. It guarantees that a party with minority support will always end up with a huge majority in the House of Commons. This is undemocratic and unacceptable, and must be opposed by all right-minded people.
The ability of trade unions and civil society organisations to engage and campaign is vital to the renewal of democracy and to enabling the voices of people who are marginalised and silenced to be heard. This Bill silences them. It does not advance people’s rights in any way whatever.
People know that the political system is corrupt. It will remain so as long as political parties and individual legislators are funded by private money. Over the years, the Conservative Party has gleefully collected money from Russian oligarchs, smugglers, tax dodgers and other corrupt people. One in three billionaires in the UK donates money to the Conservative Party. But these people do not donate money, they invest—and they expect a return on that investment in the form of compliant laws, toothless regulators, subservient legislators and Governments who keep threatening laws off the political agenda.
The Minister referred earlier to the Political Parties, Elections and Referendums Act 2000 and said that it works pretty well. No, it does not, and I can give him plenty of evidence. I will refer to just one example, which relates to Lord Ashcroft’s donations to the Conservative Party. Some years ago, he donated £5 million while he was a non-dom—in other words, he was not necessarily paying full taxes in the UK. The political contribution was made by a company called Bearwood Corporate Services. It was registered in the UK but had a director and secretary with addresses in the British Virgin Islands. From where exactly was the company controlled? You can guess. This company never had sufficient profits to fund those political donations. Where exactly did the money come from? It came from a company called Stargate Holdings Ltd, registered in Belize and controlled by Lord Ashcroft. To disguise the origins of that money, it was passed through three UK companies—Astraporta (UK) Ltd, Bearwood Holdings and Bearwood Corporate Services. Each was carefully designed to qualify as a small company under the Companies Act, so that it did not have to disclose its political donations. Astraporta and Bearwood Holdings did not trade with any third party and therefore had no profits out of which they could make the donation. It is clear that the law is being subverted and not complied with.
Finally, freeing political parties from corporate money is a necessary precondition for curbing political contributions in this country. I look forward to working with others who seek to achieve this end.
Lord Shipley (LD)
My Lords, this has been a compelling Second Reading. I too extend a very warm welcome to the House to the noble Lord, Lord Moore, and congratulate him on his maiden speech.
Like many, I find this a worrying Bill. Some things in it are helpful and important, but it represents a missed opportunity. It seems to originate more from the self-interest of the Conservative Party, when it could have been about widening engagement and introducing significant constitutional reform.
In Germany, part of the new Government’s programme is to introduce votes at 16. Here, this was rejected in the other place on grounds that sound very similar to those used by the opponents of reducing the voting age from 21 to 18.
There is no attempt in the Bill to learn from Scotland and Wales, nor to discuss ways in which electoral divergences across the UK might be reduced by England learning from the positive experiences of the other home countries. That should include proportional representation for local elections in England.
Despite what the Minister has said, the Bill contains clear attacks on the Electoral Commission through the Government’s attempts to damage the standing and the independence of the commission from what seems to be its own narrow, party-political interests. We should not allow any Government to control the commission’s strategy, nor its policy priorities. It must be independent of any party and any Government, otherwise it simply becomes a government-controlled quango.
I said earlier that a few things in the Bill would be helpful in principle and subject to further discussion in Committee. I support proposed limitations on proxy voting. Digital imprints and online application services seem right. A three-year period for a signature on a postal vote to be valid before it is renewed seems right. I support the principle of regulations on undue influence and on preventing postal vote harvesting. However, we should reject voter ID at polling stations because, as many have said, it is a disproportionate response lacking evidence of the problem needing to be solved but which will, in turn, create other problems by denying some electors who do not have photo ID from exercising their democratic rights. I hope that the Minister will pay close attention to what the noble Lord, Lord Willetts, said on this matter, because it could offer a way forward.
I am concerned by the Government’s wish that new EU citizens in the UK should be able to vote in local elections only through reciprocal arrangements. That means that most will not be able to do so unless the Government pursue reciprocal agreements more actively. If new EU citizens pay council tax, they will face taxation without any right to vote on the policies of their local authority. There is an issue of principle here, to which the noble Lord, Lord Kerr, drew our attention. I would like to explore it further in Committee. Do we believe in the principle that there should be no taxation without representation?
Like many speakers, I have a very major concern in the late addition in the Commons of first past the post voting in mayoral elections and police and crime commissioner elections. The levelling-up White Paper talks of a further devolution of decision-making powers to local leaders, where it says that
“decisions are often best taken”.
It says that there will be a “new devolution framework” and a “revolution in local democracy”. That revolution seems to be mayors elected by the first past the post system, because the Government want an accountable local leader—one person with powers over a big geographical area and a large population. If that happens, I forecast that they will end up as part of Whitehall, because control will stay in Whitehall. There will be funding settlements with elected mayors forced to compete for funding with each other through a process which will be centrally managed by Whitehall and the Treasury. Crucially, there will be no powers over taxation, yet real power requires those levers.
So much for the revolution in local democracy. The Government have been keen to cite Medici Florence as an example to emulate. I can think of several very good reasons why this might be a problem, so I suggest that the Government consider instead the Basque Country and its success in regeneration, which results from very full devolution of responsibilities and decision-making involving private and public sectors working together, and with substantially more powers than the Government are currently proposing for England.
Let me ask the Minister a very specific question. Why do the Government think that a third of those voting being enough to elect a mayor with such significant powers but with no evidence of majority support is the right thing to do? London at least has an assembly. Why do the Government deny this opportunity to other parts of the country? In Committee we will have an opportunity to explore some of these matters further.
Lord Monks (Lab)
My Lords, I too congratulate the noble Lord, Lord Moore, on his entertaining and reflective maiden speech. I look forward to his future contributions, especially if he continues to reference approvingly The Ragged Trousered Philanthropists of Hastings, a book which is essential reading on both sides of this House.
As a former general secretary of the TUC, I approach this Bill with a combination of weariness and anger—weary because those provisions on campaigning will without good reason curb and further complicate the role of trade unions, which are already heavily regulated, particularly since the Acts of 2014 and 2016; and angry because it seems a rite of passage for every Conservative Government to ladle another dollop of expensive red tape on trade unions. Meantime, we read regularly of huge donations being solicited by the party opposite, including through cash for access schemes, a subject which predictably does not get a mention in the Bill. My conclusion, shared with many noble Lords in the debate, is that the Bill is irredeemably partisan in its present form. What happened to the traditional efforts to find cross-party agreement on these matters? Even the Committee on Standards in Public Life is getting sidelined. Partisanship, not democratic fair play, is driving government action.
I want to briefly draw the attention of the House to two problems with the Bill. There are more but, in view of the time, I will select just two. The first is of major concern to many noble Lords in this debate. It is the clause providing the Secretary of State with the power to “direct” the Electoral Commission. There is no doubt about what that means. It ends the commission’s independence. This is an anti-democratic move which this House should, and I believe will, oppose.
My next concern has not got so much attention but was certainly raised by my noble friend Lady Hayman of Ullock. It concerns the provisions of the Bill on joint campaigning. In effect, our concern is that this could affect the right of organisations affiliated to the Labour Party—predominantly trade unions—to campaign in their own right without expenditure falling within the Labour Party’s expenditure limits. This ignores that unions are independent organisations. They choose whether to affiliate to Labour and, whether they do or not, they keep their independence. They are not departments or agents of the party. They retain freedom of action. Individuals are not pressured to pay the political levy. Indeed, they now have to contract in to do so. I am pleased to note, by the way, that 4 million people do so, although obviously some do not. The idea that their organisations should become harnessed in an operation with the Labour Party on all campaigning matters completely rewrites the relationship and is unacceptable to all of us in the union world.
A further worry is that if the affiliated unions and party come to be regarded in effect as one campaigning organisation, expenditure on campaigns incurred by the party, currently classified as Labour Party spending, could be redefined as joint campaigning. This could make unions liable for substantial expenditure by the party merely by dint of their constitutional relationship. As I understand it, the Electoral Commission would be expected to define and adjudicate on what is and is not joint campaigning—and remember that this is an Electoral Commission which could, if the Bill goes through in its present form, become subservient to government direction.
There is no problem here that needs fixing. There is already a great deal of regulation, with strict spending limits and transparency already in place. For example, there is a high bar on transparency on the specific issue of trade unions campaigning for Labour. The Committee on Standards in Public Life thought that there was no problem, provided there was transparency. Therefore, I appeal tonight for the Government to take a leaf out of the book of the noble Lord, Lord Willetts, and be persuaded to take a much less partisan approach and look again at the Bill on a cross-party basis. There are real concerns here and they need addressing.
Lord Altrincham (Con)
My Lords, I compliment my noble friend Lord True on his excellent introduction to this rather complex Bill. I will comment on the topic of overseas electors, which has been commented on several times already. I note in particular the comments made by the noble Baroness, Lady Hayman, and the noble Lord, Lord Wallace. There is obviously controversy around some of this, but I will make a few comments about it.
The history of overseas voting goes back a long way to 1918, when service men and women were allowed to vote outside the country. Overseas votes became very significant in 1945 because, as noble Lords know, they contributed around 2 million to the franchise and delivered perhaps 10% to the landslide of that year. However, civilian votes outside the country are relatively new. They started in 1987 and initially were allowed only for people who had moved out of this country for a period of five years. That was increased to 15 years in 2000. The Bill seeks to extend that to life following manifesto commitments made since 2015, including at the last election.
The significance of this is that the UK might proportionately have more of its population living around the world than any other OECD country. The numbers are striking. There are at least 400,000 British citizens living in Spain, 400,000 in Ireland, well over 1 million in Australia and well over 1 million in North America. The current estimate, based on the current arrangement of 15 years, is that the franchise is theoretically open to nearly 1.5 million people. Although the number seems extraordinarily soft, the current expectation is that the franchise might increase to another 3 million people under these arrangements. Thought of in constituency terms, UK passport holders and UK citizens living in the UAE, New South Wales and California would all be larger constituencies than the Isle of Wight. There are great concentrations of British citizens in different parts of the world at this point.
The passage of this Bill provides an opportunity to look at what is really happening with registration and this franchise. Registration is extremely difficult. There have been repeated efforts over the years, including campaigns organised by the Electoral Commission, to get people to register. One way or another it has proved very difficult, for reasons expressed already. There is the remarkable situation of applying by post and waiting for a reply, and plenty of people have found that nearly impossible to do.
The other core issue is the need to register in a British constituency. Noble Lords have made quite a few comments about this. At its heart, this franchise rests on the concept of the declaration of a local connection. That requires people to be resident and non-resident at the same time. They need to register in a constituency where they once voted, which they might not have visited for many years, and at an address that might no longer exist. We ask them to register in a constituency about which, as noble Lords have mentioned, they may know very little and their votes are counted alongside other people in that constituency. Even at 285,000—the peak number of this franchise, which was registered in 2017—that number could affect constituencies quite significantly. There would be enormous electoral effects on the basis of registering votes by constituency in the numbers that might be registered under this Bill.
The Bill comes at a time when other parts of the Government have, in effect, moved on on this issue. We heard views on the concept of taxation and representation, which seems to come up regularly. Before I get to that, the issue of registering people around the world, which is rather old-fashioned, sits uncomfortably with, for example, the EU Settlement Scheme which has been running in this country for the past 18 months. It allows European citizens to register through ID on their phones and is handled centrally by the Home Office. It is perfectly possible to register large numbers of people centrally, using cell phones.
On the topic of taxation and representation—which, of course, we have historically had issues with—it is worth bearing in mind that the last Labour Government extended the tax horizon for our citizens who leave from one year to six years of tax exposure or responsibility to the UK. The period in which HMRC might seek to chase our citizens is fully six years, so we already have a significant need to represent these citizens merely on the grounds of tax.
I am aware of the time limit, so I will finish briefly. I think the comments already made about registering citizens in overseas constituencies need to be looked at. It may be too soon, but other European countries already do this, and it is notable that French citizens in London are represented in the French parliament.
Baroness Barker (LD)
My Lords, electoral law is perhaps a somewhat arcane topic, but it often defines a society because it tells us who are regarded as being citizens with power in a particular society. Electoral law can also define a Government. The Government of Earl Grey in 1830 was known as a reforming Government. It brought in the Great Reform Act 1832, which extended the franchise. I wonder what, in years to come, people will make of this legislation brought in by this Government, contrary to much of the evidence and research quoted extensively tonight.
I will confine myself to two points in this short speech. Much of what the noble Lord, Lord True, said could be described as, “This is the Government making great efforts to extend our democracy.” I have spent quite a bit of time, with the noble Lord, Lord Hodgson of Ashley Abbotts, looking at citizenship and civic engagement. Back in 2017 and 2018, we looked extensively at the work done by government to extend citizenship education in schools. We have recently looked at it again, and, in truth, we do very little to ensure that children leave school with the most basic knowledge of how to participate as active citizens in this country. We have a low basis of teacher training, and we have no cross-governmental responsibility for ensuring that we have professional teachers qualified to teach this.
While we are quite happy to pay lip-service in legislation such as this, we are unwilling to look at what we need to do to equip our citizens to participate fully, not just in terms of their personal social development but to acknowledge how they play an active part in the decision-making of society.
My second point is about voter ID and voter registration. There is a correlation between those of us who are members of minority groups and who have often had problems and been questioned about our identity and the equanimity, or lack of it, with which we approach the Bill. It is not until you are a member of a visible minority that you really get to understand just how easy it is to fall outside the norms of society. I want to take this opportunity to talk on behalf particularly of non-binary and trans people. They have no other representation in our Parliament. They are a group of people who are quite often—daily—vilified and misrepresented in our country, but they are citizens. They have expressed great reservations about ID. I think that trans and non-binary citizens should be required along with everybody else to prove their identity, but it is up to the Government to make sure that the systems of proof of identity are not based on prejudice or narrow, conventional ideas about what proper voters look like.
Therefore, I want to ask the Minister the following question. This piece of legislation had very little discussion and scrutiny before it came to this House. Will his Government undertake to talk to representatives of all sorts of minority communities about how the legislation will be implemented and what sort of training there will be for the officials who have to implement it, to make sure that it is not discriminatory in the way that is feared?
In this day and age, when commercial companies that truly understand the importance of being able to diversify access to their goods and services can do so in ways that maintain integrity of systems of ID, it is not beyond the wit of a Government to do that. As it stands, this legislation is nowhere near anything that could be considered inclusive. This Government really could do much better.
Lord Balfe (Con)
My Lords, this is a very interesting Bill. It gets us into an even bigger mess than we were in before we started.
I believe in the principle of no representation without taxation. I spent almost 40 years living part of the time in Brussels. I paid my local tax there. I carried my national identity card, which was my voter ID card when I went to vote. It never caused me any problems; I never really thought about it. So I just do not sign up to all the business about the difficulty of having a card.
But the Bill has some very funny things in it. New Clause 1A(3) introduced by Clause 12 gives the right to vote to people who are living abroad and who have never been on the register here. I think instantly of my dear 75 year-old sister, who left Great Yarmouth at the age of seven and has lived in Dublin ever since. I do not know that there will be a branch of Fine Gael, which she has been active in all her life, for her to join here. Really, are we going completely mad, when we are giving the vote to 75 year-olds who left Britain at the age of seven? It happens that when my sister lived here, she was in the constituency of the Secretary of State for Northern Ireland. So, from Dublin, she will be able to vote for the Secretary of State for Northern Ireland. Colleagues, we have gone mad, have we not?
I share many of the points made by my good friend Lord Cormack about the Electoral Commission. I am not going to go into the detail as to whether the Government can or cannot, but when every member of the Electoral Commission, apart from our Conservative member, signs a letter such as they have, there is a serious problem and it needs sorting out. We cannot just go ahead with things as they are outlined in the Bill. The Electoral Commission must have enough freedom and free standing to be able to do its job.
I was a strong remainer. I think the Electoral Commission went too far during the course of the referendum campaign, became too partisan and needs some change, but the change needs to come on an all-party basis. We must have a broad consensus, otherwise what happens? There will be a change of government. I am sure the Labour Party is fine and upstanding, but it will certainly be tempted to say, “If they could do it to us, we can do it to them”. This is one of the areas of public life where it is essential to have some agreement between the parties.
I have been kind to the Labour Party for long enough. On the matter of trade unions’ support for funding and campaigning, they have to decide where they stand. Some 30% of trade unionists vote for the Conservative Party. That is not reflected in their political activity. Our colleagues will tell us that, of course, people can opt out, but the trade unions really have to get themselves up to date. In part that means, as Sharon Graham said, they have to start representing their members and stop trying to run the Labour Party. That is important on the way forward, because they do not need to support the Labour Party any more, frankly, than we need Russian money.
Colleagues and friends, I am very unhappy that we get so much money from big donors, because donors do not pay for nothing. These various shady people are not paying for nothing any more than Len McCluskey was paying for nothing. I would like to see a radical overhaul of party funding on both sides, because it has got us to a position where the whole of democracy is now starting to smell. Those on the Liberal Benches may well nod; they have also had their problems. People are looking at it and saying, “It’s not really our democracy, is it? It’s them up there”, so we have to tackle that.
Finally, the move to abolish the alternate vote is a severe backwards step. Personally, I believe in proportional representation; I think it gives us better government. I have worked in Europe for 40 years. People who tell me that strong government comes from our system need to look at places such as Germany, the Netherlands, Denmark and the Scandinavian countries—countries that have run very good Governments for a very long time on the basis of proportional representation. It is an idea whose time has most certainly come. It deserves close looking at, and I do not mean look at it as Tony Blair did, when you think you might need it to get into government and then say to Paddy Ashdown, “I’ll give it to you for Europe, but I can’t go any further”.
We need to look at how we run society, and I put it to the House that when we do so, we might find that a PR form of government is a much fairer way of running our society. I think I have upset everybody now.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a great pleasure to take part in this hugely rich and informative debate that has so comprehensively torn to shreds the Bill and the methods by which it arrived in your Lordships’ House. It seems unfair to pick out one speech among so many brilliant ones, but I will highlight the contribution of the noble and learned Lord, Lord Judge, on such a crucial issue. On the global stage, should a nation emerging from dictatorship produce a constitution with an electoral commission under government direction, we would waggle our fingers and say, “Have another go”. I must warn the noble and learned Lord that I intend to ensure that his speech gets as wide a circulation as possible. The noble Lord, Lord Kerr, may warn him about the potential consequences of that.
That leaves me with a challenge for I adhere to the principle of trying never to rise in your Lordships’ House unless I have something different and substantive to add. I begin with a statement that may come as a shock. I thank the Minister and the Government for this Bill and welcome its arrival in this House. I welcome it because, in bringing up all these issues—as the Government have found with Clause 9 of the Nationality and Borders Bill—and seeking to make disastrously bad elements of our current outdated, undemocratic, dysfunctional systems worse, while seeking to follow the Trumpian path of populist destruction, it provides us with a wonderful opportunity to show how much we need to radically transform our current system.
Those of us who understand that the people meant what they said in 2016, that they wanted to take back control—control of the planning in their communities, including protecting green spaces; control of their lives through decent jobs with a real living wage; control of Parliament, with a Parliament that actually reflects the view of the people, not just the 44% of those who voted handing over 100% of the power to Boris Johnson—now have a great opportunity. This is a stage to present all those proposals for making the UK a democracy.
This is rather like a bear that has dipped its paws into a bee’s nest and hopes to run away with some honey before its residents can muster a response. Yes, my use of that simile is deliberate, given the issues I raised earlier in Oral Questions over the Prime Minister’s inconsistent responses to my honourable friend Caroline Lucas’s questions in the other place about the Russia report. The Government are going to find that they have raised a swarm of opposition, and one that is determined to rebuild this hive into something stronger, smarter and more efficient, fit for the 21st century. This afternoon I saw the giant billboard from the Democracy Defence Coalition, involving groups including Unlock Democracy and Make Votes Matter, setting out all the things we can use this Bill to make better. Noble Lords who are in Millbank House and who looked out of the window will have seen it, too.
I am going to take a couple of minutes to create a portrait of what we could do to create a decent modern constitution for the UK. First, because they are the future and the generation that will live it, we should have votes at 16. We have them in Scotland and Wales; why should England’s young people miss out? I talk to a lot of 16 and 17 year-olds. They are at least as well informed as the average 60 year-old, and they are experts on being a 16 year-old today in a way that no one who speaks for them in either Chamber can be—and certainly, I am afraid, those in your Lordships’ House are not.
Next there is automatic voter registration. I follow the noble Lord, Lord Willetts, on this. Many noble Lords, including the noble Lord, Lord Moore, in his maiden speech—and I must welcome him to the House as a fellow former newspaper editor—noted the gradual expansion of the franchise over history. The final logical step, making sure that everyone actually has a vote, is automatic voter registration, so you do not have to jump through those mysterious hoops. So many people naturally think, if they are on the council tax roll or enrolled in a university, living in official accommodation, that the state knows where they are and who they are. The voices who we must hear most, those struggling in poverty, suffering discrimination and exclusion from society, are the ones who are least likely to be able to navigate the current system. That is obviously the absolute reverse step of voter ID, which is restricting the franchise, going backwards. There is no way the Government can justify this voter suppression tactic, taken straight from the US far right. When only 30% of registered voters turn out in council elections and less than 70% in general elections, there is no justification for acting to reduce the turn out even further.
As the noble Lord, Lord Balfe, said, we need a proportional system for electing both the Commons and the Lords. We share the current first past the post system with Belarus. That is not really a recommendation, is it? The Minister in his introduction suggested that PR was too difficult. I say that it is first past the post that is extraordinarily difficult for voters. They have to guess how everyone else in their constituency is going to vote and try and adjust their vote accordingly, very often voting for the party they hate second most to stop the party they hate most getting in. We also need to see decentralisation, power taken out of here and put back into communities.
I finish by circling back to those Russian bears. We have to talk about political fund raising. We need extremely tight restrictions on individual and company donations to parties and campaigns. A maximum of £500 sounds about right. The Green Party in 2015 was a pioneer in crowd-funding political campaigns. Many thousands of people threw hard earned £5, £10, £20 to support our efforts. Combined with state funding for politics, that is how we get the politics of the people rather than a politics of the plutocrats.
The Minister said he wanted a system fit for the modern age. I am happy to work with people around your Lordships’ House to send the Bill out of this House looking exactly like that. It is a great opportunity.
Lord Hannan of Kingsclere (Con)
I crave your Lordships’ indulgence on two fronts. First, I was in a Select Committee which removed me from the Chamber for a large part of your Lordships’ deliberations. Secondly, I am going to be the umpteenth speaker to welcome the maiden speech of the noble Lord, Lord Moore of Etchingham. My grounds for being the umpteenth such speaker is that he was my editor nearly 30 years ago at the Daily Telegraph. If that strikes your Lordships as an implausibly long time ago, I can only say that he was something of a Mozartian child protégé in the world of journalism. He edited the Spectator when he was, I think, nine; the Sunday Telegraph when he was 11 or so; and the Daily Telegraph when he was 14. He was an absolutely model editor, fearless in his criticism of those in high places and absolutely impervious to praise from those beneath. Annoyingly, he now writes a column in the Saturday Telegraph. I say annoyingly, because I write one in the Sunday Telegraph and again and again I find that he has said what I was planning to say but much better—and today’s debate is no exception. He has covered most of the points that I had in mind, so I will confine myself to making just one.
I think the noble Lord, Lord Wallace of Saltaire, quoted John Major on the “fragility of the democratic system”. Those words come very easily, but let us ponder for a second how unnatural, how counterintuitive is the system which we have all taken for granted and about which we have become a little blasé. How odd that we elevate process over outcome. How odd that huge human populations care more about the honouring of a set of abstract rules, something that cannot be seen, or touched or heard or smell, rather than about the victory of their candidate—their tribe. Yet it is that counterintuitive and necessarily acculturated, learned notion that has made possible all the freedoms and personal liberties and comforts that we take for granted in modern liberal societies. Because it is unnatural, it is under constant pressure. If we look even at the United States, perhaps the first country founded in the ideal of popular sovereignty, we see how quickly people have moved back to taking a contingent, provisional view of elections. Almost without fail, every election is met by a series of acts of lawfare by whichever party happened to lose. That should not surprise us at all. The surprising thing is that they went for so long without that happening.
That is why I say that the act of voting needs to be enchanted—it needs to be given a little bit of magic and made to feel precious. After all, our vote, statistically, is unlikely to change very much. If noble Lords think back to the last time they cast a vote—not putting themselves in the shoes of a prospective imaginary voter but thinking of the last time they let a ballot drop from their fingers into that big black tin box—did they really think that the consequence of their vote would be more or less parking, or more or less housing or higher or lower council tax? Were they not doing it, at least on some level, out of a sense of civic obligation—a sense of duty?
It is terrifically important, if democracy is to be made to work, that the act of voting be magnified, dignified, almost sanctified, and given a sense of importance beyond the chances of one particular vote in one constituency making a major impact on policy. That is why, when there is a question of balance between potential fraud or devaluation of the vote and extra procedure, however minimal, our instinct should always be towards ensuring that people have absolute confidence in the integrity of the process.
By the way, I do not think it is that big a deal. Personation may not be a big deal, but neither is presenting identification. Most countries in the world do it. Countries with largely illiterate populations manage it. I rather agreed with the noble Lord, Lord Desai, who said that it was particularly patronising to suggest that somehow minorities were not able to vote in the same way as everybody else. In fact, if anything, I would have thought ethnic minorities in this country are more likely to have passports than the general population. It is a bizarre idea that being asked to demonstrate who you are is somehow off-putting. That is not the experience of pretty much anywhere else.
I am glad that the Front Bench opposite agreed on what I think are bigger issues in this Bill: the measures against harassment of candidates and those to crack down on some aspects of postal and proxy fraud. But I come back to saying that if we want people to vote and if we want to get away from the situation in which every recent election has been won by the stay-at-home party—in other words, the group of people who took the trouble to register to vote and then did not bother to vote on the day is always bigger than the single number of votes for any of the other parties—then we have to restore a sense that casting your vote is a thing of importance and dignity.
Of course, that will require some substantive changes. I would like to see a significant shift of power from Whitehall to town halls and from unelected functionaries to elected representatives. But it also involves making people feel that there was something special about that trip and that presenting their ID and casting their ballot was a civic act, one that dignified and elevated the process. If we do not do that, we are giving up on restoring honour, purpose and meaning to the act of casting a ballot.
Lord Woolley of Woodford (CB)
My Lords, I too very much enjoyed the maiden speech of the noble Lord, Lord Moore—sadly, he is not here right now. Today was the first time we have been in the same room together, but during the Brexit referendum we had a long telephone conversation. Afterwards, he wrote in one of his papers, “I had a conversation with Simon Woolley. I profoundly disagree with him, but he does seem like a rather nice chap”.
I wish to focus on three aspects of this Bill: voter ID, voter registration and citizenship. I would also like it to be known that I will seek to make two amendments to this important legislation if I get the chance.
First, there is almost zero case for our democracy to introduce voter ID to tackle fraud. In the last election, there were six convictions for voter ID fraud, with nearly 48 million people having voted. I tried to work out the percentages for that, but I gave up. It was too complicated—there were too many noughts.
Lord Woolley of Woodford (CB)
Yes, it was something like that. The Government often point to the suspected corruption in Tower Hamlets. I should remind noble Lords that that was mainly to do with postal votes, so voter ID would have made little difference. Interestingly, the Government have wrestled with Covid restrictions, seeking to weigh up keeping people safe and allowing our businesses and our society to stay open and thrive. They have tried to be balanced and proportionate. When it comes to voter ID cards, any proportionality and balance seems to have gone out the window. On one side, you have a handful of fraudsters—just a handful—from a pool of 48 million people and, on the other, you have the cost, which is anywhere from £40 million to £180 million, and the potential loss of 1.5 million voters, disproportionately from black, Asian and minority ethnic communities. It would be laughable if it were not so serious. There is no rationale for voter ID, unless that rationale is to lose voters from our democracy and spend millions that we can ill afford.
As some noble Lords may know, I spent 25 years with Operation Black Vote, being a disciple of Dr Martin Luther King, in a quest, like him, to give the disenfranchised a voice by registering black, Asian and minority ethnic communities to vote. It was one of our biggest challenges; on average, 24% of black, Asian and minority ethnic communities are not registered to vote, and when it comes to young Africans and Caribbeans that number goes up to 50%. It was a challenge then and remains one now—made worse, I suggest, because local authorities have fewer resources today for voter registration initiatives than they had 25 years ago when we started.
This legislation could be used for the greatest transformation of political empowerment and engagement since women were given the right to vote over 100 years ago—in 1918, to be precise. All we have to do is adopt automatic voter registration for those who are eligible; that is it. In one wonderful vote, we and the British Government would have paved the way for millions more to have a voice in our democracy. Today, above all, no one needs reminding of the preciousness of sovereign democracy. I am here to inform the House that when I table an amendment, if the Government embrace it and it is accepted, our democracy will shine brighter as one of the most inclusive and representative democracies in the world.
Your Lordships can sense my enthusiasm for automatic voter registration, right? I have been waiting 25 years for this historic moment of change. There is one caveat, though: there is no doubt that automatic voter registration would be transformative but—there is always a “but”—the second part of that, which is equally doable and massively desirable, would be to implement comprehensive citizenship learning in all our schools, starting with primary schools. At the moment it is up to schools and maverick teachers to ensure that citizenship is taught. Citizenship should be on a level with teaching maths and English.
How much do we really value democracy? Our democracy is not under threat from a handful of fraudsters. It is, however, undermined when millions are not registered and do not vote, and when hundreds and thousands of young people, men and women, barely understand the tenets of a vibrant, inclusive democracy. We have the opportunity to change that.
I do not work at Operation Black Vote any more—I head Homerton College at Cambridge University—but I am still a disciple of Dr Martin Luther King. Help his and my dream come true, simply by ushering in automatic voter registration.
Baroness Pidding (Con)
My Lords, I add my congratulations to the noble Lord, Lord Moore of Etchingham, on his excellent maiden speech. I am sure it is just the first of many wise and witty contributions that we will be hearing from him.
Across the globe, the UK is held as a benchmark and exemplar of liberal democracy. It is not just the venerable age of our democratic institutions but their strength and integrity that make our precious parliamentary democracy the envy of the world. This is something that we should be rightly proud of and is something worth protecting. It is with that in mind that today I will be a positive voice, in that I welcome the Government’s Elections Bill. I pay tribute to my noble friend Lord Pickles for the work that he undertook in 2016 in producing his report on electoral fraud, and I am pleased to see a number of his recommendations included in the Bill.
I will focus my remarks on a few key parts of the Bill. First, I will address the introduction of voter ID, a policy that I have long advocated. I am glad to see that the Government are taking steps to introduce this much needed and responsible measure. I appreciate that this is a somewhat controversial issue and that some people are apprehensive, to say the least, about this proposed innovation. However, anecdotally, while standing outside a polling station on polling day during the 2017 general election in Harrow West, numerous first-time voters, many having just reached the voting age for that election, came up to us, as tellers, asking what they needed in the form of documentation or ID to be able to cast their vote. When they were told they needed nothing—no proof of ID—they were rather perplexed.
We in this country use ID for many daily and recreational activities, with no issue at all. I hope we can all agree that the integrity of our elections is of greater importance than buying alcohol, or entering a nightclub or pub. Why should the foundation of our democracy be treated with any less security? One of the great vulnerabilities of our system is the potential for votes to be stolen, and we must safeguard against this possibility. Millions of people across the UK use IDs quite liberally on Friday and Saturday nights or even just to collect a parcel.
Some have claimed that those who cannot afford ID would be disfranchised, and this is an argument I have sympathy for. It is therefore right that the Bill explicitly puts in provisions to ensure that every eligible voter, regardless of their circumstances, can access valid ID. The Bill proposes that a broad range of photo IDs will be allowed, but most importantly, it also includes the provision that a free voter card will be available to those without any other form of ID. The Government have gone to great lengths to ensure there will be no barrier for legitimate electors to vote while ensuring that it also strengthens our democratic system.
Included in the Bill are proposals to make changes to the administration of elections that will improve their security and accessibility. I welcome the Government’s attempts to stamp out any potential for voter fraud by including sensible safeguards for postal and proxy voting. Party campaigners will be banned from handling postal votes, a stop will be put to postal vote harvesting, and it will be an offence for a person to attempt to find out or reveal who an absent voter has chosen to vote for.
It is also only right that the Bill takes steps to better support voters with disabilities to exercise their democratic right by removing restrictions on who can act as a companion to a disabled voter at a polling station and requiring local returning officers to provide support for a wider range of needs.
The Bill also addresses the growing concern around intimidation of politicians and campaigners. Many in this House, like myself, have experienced or witnessed activists and those running for office being victims of physical and verbal abuse and intimidation. It is a common issue in modern politics, which I believe that all in this House, and the other place, would like to see the end of.
I too warmly welcome the Government’s proposals that are aimed at finally enshrining in law the rights of certain EU citizens to vote in local elections in England and Northern Ireland, elections to the Northern Ireland Assembly and police and crime commissioner elections in England and Wales. The change to voter eligibility means that EU citizens coming to live in the UK after 31 December 2020 will be able to vote in local elections only if the UK has a reciprocal voting agreement with their home country. A number of such voting treaties are already in place, and I understand that the Government are open to further such agreements with other EU member states. That is a most welcome prospect.
There are millions of EU citizens who have made the UK their home, contributing to our economy, well-being and culture. Likewise, there are over a million British citizens contributing to the economic well-being of the EU countries they now call home.
The right to vote is ultimately a privilege, which bears great weight on the governance and policies of our country. It is right that the British Government safeguard this privilege for British citizens and long-term residents. It is also sensible to take a reciprocal approach to widen the political franchise when it comes to foreign citizens living in the UK. I will be supporting the Bill, and I encourage noble Lords across the House to do the same.
Lord Thomas of Gresford (LD)
My Lords, the right to vote is indeed a privilege. I want to focus on Clause 9, the provision for the blind and partially sighted to vote. I have a real interest, in that for half of last year I was suffering from a cataract in my one and only eye, complicated by bleeding into the back of the eye. The result was that the printed page appeared to me as a complete blank. All I could do was read, with difficulty, a backlit iPad or laptop with reversed text and with the aid of a large magnifying glass. I could not have read a ballot paper.
Schedule 1 of the Representation of the People Act 1983 provides the rules that govern elections. Rule 29 states:
“(3A) The returning officer shall also provide each polling station with - (a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted; and (b) a device of such description which may be prescribed for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion.”
The device prescribed is known as the tactile voting device or TVD. It is made from a sheet of transparent plastic which is as long as the ballot paper and is placed on top of the ballot paper. On the right-hand side of the TVD are flaps, numbered from one at the top and so on down the page so that the number of flaps corresponds to the number of candidates standing in the constituency. The number printed on each flap is raised so that it can be felt by touch. Adjacent to each flap, the flap number is printed in Braille to assist those who are blind and Braillists. But there is no way for voters who are blind to know, without help, which flap on the TVD corresponds to which candidate, and to which party. It is only the number of the tab that is in Braille. Either the official in charge of the polling station or a member of their close family has to read out the names of the candidates and the order in which they appear on the ballot paper.
In practice, because of that inability to read the names of the candidates on the ballot paper, the vast majority of the 350,000 blind and partially sighted people in the UK currently find it impossible to vote without having to share their vote with someone else, often finding they have to name the candidate they want to vote for out loud. RNIB figures from UK elections in May 2021 found that four in five blind people felt that they were unable to vote both independently and in secret. A survey carried out by the RNIB gave many examples of the impact that this has. One said:
“My helper disagrees with my vote and I have no way to be sure she voted as I wished.”
In 2019, Rachael Andrews, a 46 year-old lady from Norfolk who had no sight in one eye and only partial sight in the other, judicially reviewed these arrangements. Mr Justice Swift in his judgment said:
“A device that does no more than enable blind voters to identify where on a ballot paper the cross can be marked, without being able to distinguish one candidate from another, does not in any realistic sense enable that person to vote. Enabling a blind voter to mark ballot papers without being able to know which candidate she is voting for, is a parody of the electoral process established under the Rules.”
The RNIB subsequently agreed with the Cabinet Office that blind and partially sighted voters would be given an audio player alongside the TVD, which was trialled in Norfolk in the May 2021 elections, with a 91% satisfaction rate. Whether this or another solution is adopted, it is essential that there is a minimum standard of equipment uniformly available in every polling station to ensure that blind and partially sighted people can exercise their vote in secret.
The current wording in the Act is:
“The returning officer shall also provide … a device of such description as may be prescribed.”
This Bill changes the wording by replacing that paragraph with
“such equipment as it is reasonable to provide”.
Reasonable for whom—the particular returning officer, depending upon the resources allocated to him, or the blind voter?
Currently, a companion has to be a close member of the blind voter’s family. That is removed in this Bill and replaced with anyone over 18 years. The dangers of that are obvious and I ask the Minister to explain the change. How could the voter be sure that her companion was giving her an accurate description of the ballot paper? What happened to the results of the audio pilot?
Lord Lexden (Con)
My Lords, I would like to return again to the issue of overseas voters, following in the footsteps of my noble friend Lord Altrincham. Exactly a century ago, his forebear Sir Edward Grigg, a brilliant man, was working as Private Secretary in No. 10 to Lloyd George—but no one should imagine for a moment that the peerage was bought from that notorious famous seller of honours.
Patience is sometimes rewarded—not often, in my experience, but occasionally. It is exactly 10 years ago that, as a fairly new Member of your Lordships’ House, I called, along with other noble friends, for the removal of the 15-year limit on the voting rights of our fellow country men and women living beyond our shores. I set out the case for this extension of the franchise in detail during the passage of what became the Electoral Registration and Administration Act 2013.
Back then, I was told very politely by the noble Lord, Lord Wallace of Saltaire, the Minister with responsibility for electoral issues during the coalition Government, to go away and do some work on the important practical implications of this significant change: the means by which registration to vote could be made as easy as possible, whether votes could safely be cast electronically, the part that our embassies and consulates might play in assisting overseas voters, and so on. These matters were studied by a cross-party group under the chairmanship of my noble friend Lord Norton of Louth. Our report was well received when it was debated in Grand Committee before the general election of 2015. So considerable patience has been displayed by our fellow country men and women living abroad—but at last the promise, thrice delivered, will be fulfilled under this Bill.
The principle that this Bill enshrines is entirely right. I reject the charge that it is a partisan measure. Implementing it will give rise to practical issues, which the noble Lord, Lord Rennard, outlined in his characteristically measured way and which the noble Lord, Lord Grocott, described with characteristic and enjoyable gusto. We will no doubt return to them in Committee.
This legislation will bring us into line, belatedly, with other major democracies. The United States of America, France, Italy and the Netherlands, among others, all provide lifelong voting rights for their citizens living in other countries, as do Australia, Canada and New Zealand. It really is high time that the United Kingdom joined the international consensus—rather than “madness”, as my noble friend Lord Balfe suggested.
I have seen for myself the strength of support for lifelong voting rights at meetings that I have addressed in other countries under the aegis of the excellent organisation Conservatives Abroad, chaired by my friend Heather Harper. I have also received much correspondence from those who have lost their votes after 15 years. One lady in her late 70s wrote to me: “Even though I expected it, when I received a letter from Corby Borough Council telling me I was no longer eligible to register as an overseas voter, I was devastated and still am. Since reaching voting age back in the 1950s, I have never, ever not exercised my democratic right to vote. But now I have been disenfranchised.” Never again will such distress arise, thanks to this legislation. The 15-year limit is wholly arbitrary, and I am sorry that my noble friend Lord Cormack is so far unpersuaded that it should be removed.
With very few exceptions, British citizens abroad are debarred from voting in the national parliamentary elections that take place in the countries where they reside. The world over, the parliamentary franchise rests on nationality, not on residence or the payment of taxes. The noble Lord, Lord Wills, who had responsibility for electoral matters in the last Labour Government, said in the course of our debates in 2013 that
“taxation has never been a criterion for voting in this country and it is not now.”—[Official Report, 14/1/13; col. 484.]
If it had been, Disraeli, who has been extolled in this debate by my noble friend Lord Willetts, would have been unable to extend the vote to the urban working class in 1867. Few if any of them paid taxes.
I have a remarkable man at the front of my thoughts today. Harry Shindler, a Labour supporter in his young days, has lived in Italy since the Second World War, when he helped to liberate that country from fascist control. He has devoted himself to two causes: the development of Anglo-Italian relations and the right to vote in elections in his native land. Last year, when he celebrated his 100th birthday, Harry was invested with the OBE by the British ambassador to Italy. It gave him enormous pride. Harry is the chief hero of the long campaign which this Bill brings to a conclusion. I shall always think of the clauses in it relating to overseas voters as the “Shindler clauses”.
Finally, I too applaud the arrival of the noble Lord, Lord Moore. I have known him, though not at all well, since the early 1980s, when the greatest Tory I have ever met, TE Utley, dispatched him to Northern Ireland as a reporter on the Daily Telegraph to acquaint himself with the affairs of that wonderful part of our country. He has long been a staunch champion of the union. I anticipate some tremendous speeches from him on that subject, which is dear to so many of us in this House.
Baroness Prashar (CB)
My Lords, elections are a core process within a democracy. Credible electoral processes increase the legitimacy of our political institutions and create trust. Electoral integrity is affected by how inclusive the process is. For these reasons, any elections Bill should command broad cross-party support. How elections are conducted is a matter of public interest. They are not solely in the gift of the governing party.
It is therefore deeply regrettable that this Bill was introduced with insufficient public consultation and that the Government have not taken fully into account reports by the Law Commission, the Committee on Standards in Public Life, and the House of Commons Public Administration and Constitutional Affairs Committee. PACAC took the view that the Bill should have gone through a pre-legislative scrutiny process. Such scrutiny would have ensured broader support and a better evidence base. As we have heard, grave concerns have been expressed in these three reports that the Bill will add to the existing complexity of electoral law.
PACAC has also said that several of the changes proposed are not set out in the Bill. These will be implemented via a raft of secondary legislation, which will add further complexity to the legislation and enhance reliance on delegated powers, hence reducing scrutiny by both Houses and relevant interested parties. These are serious concerns, particularly for a Bill concerned with the health of our democracy.
The Bill also falls far short of the Government’s stated objectives of making UK elections more secure, modern, inclusive and transparent, and of protecting the integrity of the UK’s democracy. The change proposed in Clause 1, which would require voter ID, will not make elections more inclusive. If we want inclusion, let us work on voter registration, as stated by the noble Lord, Lord Woolley. Strong objections have also been expressed about the impact this would have on certain groups and the possible turnout of voters. The Government’s rationale for introducing this change is not very plausible. The level of fraud alleged is very low and the number of instances that result in a caution or a conviction is even smaller. Concerns have been expressed that the evidence to support an ID requirement is not good enough.
PACAC recommended that the Government should not proceed with this proposal until they had set out the criteria they used in their assessment of the proportionality of introducing this change and the impact on turnout. Will the Government pay heed to its recommendation?
The other area of concern is the changes proposed to the accountability arrangements of the Electoral Commission. The noble and learned Lord, Lord Judge, expressed the implications very clearly and effectively. As he said, they threaten the perceived and actual independence of the Electoral Commission.
The Electoral Commission is not a creature of the Government of the day. It exists to ensure the integrity of elections and guard the public interest. It is an organisation of constitutional significance. Proposals to give the Government the power to designate a strategy and policy statement for the Electoral Commission will undermine its independence. Of course there should be proper scrutiny of operations of the Electoral Commission and effective mechanisms to hold it accountable, but the Bill’s proposals are not based on sufficient evidence to justify this change. The committee argued that Clauses 13 to 15 should be removed pending a formal public consultation on the proposed measures and that the Government should take into account any recommendations put forward.
The Bill also proposes that the extent to which the Electoral Commission has complied with the statement should be examined by the Speaker’s Committee, and changes to the membership of the Speaker’s Committee are also proposed. Given that the Speaker’s Committee will be examining the commission’s operations, it is imperative that no single party exercises a majority on the committee. Can the Government give an assurance that membership of the Speaker’s Committee will not have a government majority?
Charities and civil society organisations play an important role during election campaigns, ensuring well-informed debates. Several aspects of the Bill will affect the engagement of those organisations and put a higher regulatory burden on them, hence limiting benefits to electoral integrity. The National Council for Voluntary Organisations has argued that the Electoral Commission’s guidance covers the relevant issues relating to third-party campaigners and that this legislation will set back that progress. Clause 26 is targeted at organisations which are not transparent. However, registered charities are regulated by the Charity Commission, and their accounts are available online and open to scrutiny. The Government should exempt registered charities and community interest companies from the lower threshold.
Furthermore, there is concern that the proposal in Clause 25 to give Ministers powers to remove or add to the list of third-party campaigners by order could lead to abuse. It would be helpful to have an assurance that these provisions are not intended and will not be used to limit the public interest work of academics or voluntary organisations to inform public debate.
The deep concerns expressed by three reputable bodies about the Bill should give the Government pause for thought to reconsider what they are proposing.
Lord Taylor of Holbeach (Con)
My Lords, much has already been said, but I wanted to speak on Second Reading—not least because it is the tradition of this House that if noble Lords wish to speak at further stages of a Bill, one should speak at Second Reading.
This is an important Bill. I judge it by a simple test, and a very personal one, for I am a believer in active participatory democracy and that active political parties at the grass roots are the custodians of that tradition. I want to know how the Bill strengthens that tradition.
I believe that our democracy and our parties are not just for election day. They should provide a corpus of political opinion to shape policies and political ideas within communities. I join the welcome and tributes to the noble Lord, Lord Moore of Etchingham. He pointed out the way in which there has been a considerable decline in the membership of local political parties. I am a strong believer in participatory democracy. Some will analyse that mass voluntary political parties were a response to the enfranchisement of the last century. Some will say that, in modern times, they are largely irrelevant. If that is so, I regret it. I find that it is not sufficient for parties to rely on a world of opinion polling and modern communication.
Many of us on these Benches go back a long way in our commitment to voluntary party activism. You can hear my noble friend Lord Cormack talk of these times, including when I succeeded him as the chairman of Lincolnshire Young Conservatives—we all have to start somewhere. My noble friend Lord Hodgson and I went on a tour as senior volunteers in the general election of 1997. We went to 63 key seats, and we lost them all. Given this background, it is not surprising that I will be judging the Bill by the contribution it makes to preserving community focus in politics—
Lord Taylor of Holbeach (Con)
Oh, I have a few more minutes.
It is essential that we have grass-roots activism, grass-roots fundraising and grass-roots presence as a political party on policy-making. I do not believe that this House would wish to see pop-up party machines dominated by centralised political structures.
In his opening remarks, the Minister mentioned the large number of speakers—this reflects the importance of the Bill to our participating democracy. Regardless of party, we all have an interest to ensure that our methods of elections are honest, fair and seen to be fair. That is what this Bill seeks to achieve.
Baroness Bull (CB)
My Lords, it is a privilege to have heard so many important speeches by virtue of my position on today’s list. However, this leaves me little chance of adding anything original to an excellent debate in which we had the great pleasure of listening to the maiden speech of my noble friend Lord Moore—on which I congratulate him.
I will keep my contribution brief and focus on two specific concerns raised in the comprehensive briefings received from sector organisations, both of which relate to the risk of further excluding groups of citizens who are already challenged to engage in the election processes.
First, as we have heard from the noble Lord, Lord Thomas of Gresford, the Bill weakens the already imperfect protections for blind and partially sighted voters in exercising their right to take part in what is undeniably a visual exercise: the reading of names, the locating of boxes and the marking of a cross which is the act of casting a vote. Current provisions are in place for blind and partially sighted people, including the tactile voting device which we heard described. Even so, there is no way for a person without sight to review candidate lists without assistance. For the majority of the 350,000 blind and partially sighted people in the UK, participation in elections is not a private process, as it is for those of us who are able to see. It involves sharing their vote, often out loud, with another person. Respondents to an RNIB survey described this as not only humiliating but open to fraud, because there is no guarantee that the person helping them will put the cross against the candidate they choose.
The RNIB is concerned that, rather than building on improvements piloted following a 2019 judicial review—a review which described the current situation as
“a parody of the electoral process”—
this Bill will make voting even less accessible. It shifts the responsibility to individual returning officers to determine what provisions they deem reasonable at a local level. This creates uncertainty for blind and partially sighted citizens about what they can expect when voting or, indeed, what they are entitled to. The removal of the crucial phrase, “without any assistance”, obfuscates for blind and partially sighted people the clarity afforded to the majority by the Ballot Act of 150 years ago: namely, that all citizens should have the right to vote independently and therefore in secret.
The second issue I want to address briefly is the potential for photo ID to impact negatively on voter participation. We heard from the noble Baroness, Lady Hayman, that while the Cabinet Office-commissioned research explored possession of ID with reference to race, disability and age, it failed to ask the question with reference to income status. Research from the Joseph Rowntree Foundation fills this gap. It finds that adults living in a household with an income of less than £30,000 per year are much more likely not to have photo ID compared with those with greater assets—6% compared with 1%. The research also found that some 700,000 low-income adults do not have photo ID in which they would be recognisable. Taken together, this means that around 1.7 million citizens would not possess the photo ID required to vote.
Researchers also asked whether they would be likely to apply for a voter ID card, and while half said yes, a worrying 41% were unlikely or unsure. Assuming the 51% happy to apply for a card did so, this would still leave some 700,000 UK citizens disenfranchised. We know that adults on low incomes in the UK are already less likely to vote or engage in political processes than their high-income counterparts, and this matters because it promotes an unequal representation of interests, and it limits the ability of low-income adults to influence political decision-making. The end result is that social inequalities grow ever deeper.
The Joint Committee on Human Rights has warned that voter ID proposals risk disproportionately disenfranchising people on lower incomes. This is not only discriminatory, it is bad for democracy. We should be doing everything in our power to encourage participation—teaching and enabling active citizenship, as my noble friend Lord Woolley so passionately argued. By putting new barriers in place, this Bill risks doing the opposite, further discouraging already disengaged communities from taking part in our electoral system.
Lord Scriven (LD)
My Lords, first, I declare my interests as set out in the register. Like many noble Lords, I welcome the maiden speech of the noble Lord, Lord Moore. He enlightened me, as someone who has not been to Hastings, that modern Hastings is more heaven than hell—and I am sure his fellow citizens will be very pleased to hear that.
This has been a very forensic Second Reading debate. But let us be clear that this is not just any Bill; it is a Bill that has significant constitutional implications. It will be the basis on which our electoral system will take place—the platform of our democracy, which citizens need to have unshakable confidence in, so they can know that their Government and their local elected representatives have got there through a free, fair and independent electoral system.
There are many provisions in this Bill that these Benches have sympathy with: securing the postal vote and dealing with potential fraud in the postal vote, intimidation and digital imprints are a few that we would support. However, we have heard from many noble Lords across all sides of the House that the Bill has significant flaws that the Government have not addressed in the other place. Therefore, it will be down to this House to do its best to ensure that we do our job to scrutinise and reform a Bill that has fundamental flaws and that will change—if it is not amended—the balance of how the electoral system works. It will, in effect, give a balance of power to the party of government. It will give that party an inbuilt set of advantages.
This is not the basis for a free, fair and independent electoral system. It goes against the very notion of fairness that this country is renowned for, and it will diminish our international reputation for having a system that is admired and beyond reproach. That is why, in doing our job, as many noble Lords have said, we should say that there are certain provisions and clauses in the Bill that should not be here and that the Government should seriously consider not going forward as part of the Bill. In particular, Clauses 1, 2, 14, 15 and 17 have significant flaws.
I have to say to the Minister that, when a Bill unites both the noble Lord, Lord Cormack, and myself, it means that there is some fundamental flaw in it. It is very clear that if the Minister’s response does not give confidence to the House, we may do something which has precedent and, before it goes to a full Committee of this House, see certain clauses going to a Select Committee of this House—because this Bill has not had the pre-legislative scrutiny it desired. It has serious implications for the electoral integrity of our country. It is beholden on this House to deal with that with the seriousness it so desires and needs. So the Minister’s response has to be far better and more detailed than the shoddy response the Government gave to the House of Commons Public Administration and Constitutional Affairs Committee’s report. I am sure this will determine whether these Benches and other noble Lords decide whether we desire this to go to a scrutiny committee to seek further investigation before it goes to a full Committee of the House.
There are many provisions in the Bill, including the provision on voter ID, which are very controversial. I have to say, very gently, that I find irony in predominantly male, white, middle-aged and older men telling us that photographic ID is not an issue. When noble Lords from different demographics from those have said that there is a problem, those with the voices that may not be the loudest are again drowned out. We have to listen; voter photographic ID is an issue for certain demographics. The noble Lord, Lord Woolley, explained some of the issues to do with black, Asian and ethnic minority voters. My noble friend Lady Barker talked about some in the LGBT community. There is an issue with photographic ID which will mean that some people will not vote.
The Government say that we have to go on the precautionary principle on this, without any evidence whatever that there is significant abuse of personation in voting. Well, if it is about using the precautionary principle in legislation, why not have photographic ID to go into a supermarket just in case you are a shoplifter? The principle is flawed. It will have an effect on people having a right to vote. It is putting up barriers when actually we should be tearing down barriers for people to vote.
There is no significant evidence that anybody on the Government Benches has come forward with that somehow personation is a big issue in the electoral system in the UK. To answer the statistic put by the noble Lord, Lord Woolley, the committee in the other House came up with the figure; 0.00035% of all votes cast in 2019 were suspected and then prosecuted as voter personation. Many have spoken, including the noble Baroness, Lady Greengross, about such issues. The cost of this is not actually £180 million. The cost, depending on the number of people who will require voter ID, is somewhere between £180 million and £450 million, based on the report from the other place. So we will be scrutinising this part of the Bill very heavily.
These Benches, as my noble friend Lord Thomas of Gresford has pointed out, have sympathy for the calls from the RNIB to have on the face of the Bill minimum standards for people who are blind or partially sighted, and that there should be a provision for who the person helping them should be—not just anybody over the age of 18.
Issues of who is eligible to vote from overseas have been clearly shown to be controversial, and in some cases show levels of complexity being added to layers and layers of election law. There is particular concern about those from EU countries. As my noble friend Lord Shipley pointed out, you could have two people who live in the same house, who are from the same country, who arrived on different dates, who both pay their taxes and who do the same jobs, but one would be eligible to vote in local elections and one would not. Therefore, we need to think much more closely about a system of residency rather than a system relating to the country you come from for people to be able to vote in elections in the UK.
As my noble friend Lord Rennard pointed out, very significantly, while we welcome the extension of the right for people overseas to vote and doing away with the 15-year limit, there are clear issues about whether the intention is not just about voting but about the use of donations from very rich people abroad, some of whom live in tax havens and who will fund a particular party in this country. There are real reservations about that. As my noble friend said—and I ask the Minister to respond on it—a commitment was made in 2019 to pass legislation that would ban large donations from anyone resident abroad for tax purposes. Has that been enacted and, if not, why not?
I come to two other issues. The first is first past the post, and its imposition on areas which have a mayoral system and police and crime commissioners. It is absolute nonsense to suggest that the public in this country do not have the ability to understand the alternative vote system. It has been used; it is used again and again. People in Northern Ireland use the single transferable system. If you want to talk about a difficult system, the single transferable vote system is far more complex than that used for mayoral elections, but there is no intention in Northern Ireland to take that away because it is seen to deal with people’s votes in a more proportionate way.
The final issue is the chilling approach of doing away with the independence of the Electoral Commission. I do not think that any of us could add to what the noble and learned Lord, Lord Judge, said on this. It is absolutely breath-taking that a piece of legislation should talk about an independent regulator of the electoral system having to carry out the priorities of Her Majesty’s Government. That completely takes away the independence of the Electoral Commission, and in no circumstances should it be in the Bill. As I already indicated, these Benches and others will fight that clause.
For elections to be free, fair and independent, they need to be built on a bedrock of a strong and functioning democracy, one that the public have trust in and one that they feel does not favour any one party or anybody who has friends with very deep pockets. That is why we on these Benches oppose many of the clauses in this Bill and will do our best to build a consensus with others across the House to make the Bill better so that it really brings about a platform for free, fair and independent elections to rest on.
Lord Collins of Highbury (Lab)
My Lords, I, too, start by congratulating the noble Lord, Lord Moore, on his excellent maiden speech. I must admit that I was a little shocked and surprised to hear him quote Robert Tressell’s book, The Ragged Trousered Philanthropists. For me, the lesson of that book was about the importance of organising and the importance of trade unionism. I spent a lifetime in trade unions, and that was one of the very first books I read that motivated me to carry on my work.
I important thing that I want to start with is the general theme in my concern about the Bill. The ingredients of a thriving democracy are not limited to parliaments and parliamentarians. In countries where Governments fail to protect their own citizens, it falls to civil society to stand up for them and defend their human rights. As a country we understand that, because we invest money in supporting and developing civil society abroad. That is exactly what we are doing in Putin’s Russia, where he can operate under cover of elections once every four to five years; he can attack fundamental human rights, and attack those with no voice or representation as the majority have—it is minorities who are consistently attacked, as we have seen with the LGBT community.
By the way, if I lose my voice, I apologise. I had Covid throughout the recess, and I have now had three days of negative testing, so I am alright to be here.
One of the things we have heard throughout the debate this evening is that the Bill represents a missed opportunity to update our election law on the new challenges facing all democratic countries. I absolutely agree with the noble Lord, Lord Hayward—I was going to say my noble friend, as we are friends outside the Chamber. He is right that this is a missed opportunity, as is my noble friend Lord Lipsey.
Why have we ignored the Law Commission’s statement about ensuring that we have a sensible single framework which every part of the system can understand more easily? Why are we not addressing some of the serious issues about social media, most of which—like Twitter and Facebook—have appeared since legislation was introduced. Why are we not addressing dark money, misinformation and threats from foreign interference? The Opposition will be putting down amendments as soon as possible on this fundamental issue, particularly on illicit financing.
However, it is not just what is not in the Bill that concerns me; it is also what it contains. Like my noble friend Lady Hayman, I support the initiatives that deal with securing postal vote systems, ending intimidation of candidates and digital imprints—we welcome those things. But I am really concerned that the Bill proposes what are in effect further attacks on already highly regulated trade unions, which do anything but level the playing field. I bring this to the attention of the noble Lord, Lord Balfe. I spent two years sitting down in joint party-political discussions, with the Conservative Party and the Lib Dems. We were working together on doing something to end big money in politics. I agree with the noble Lord, Lord Taylor, that we need to focus on ensuring that local communities and activism support our parties—it is people not oligarchs who should be supporting our political parties. But that two years of hard work was completely broken by a partisan attack, which I think all members across this House will recognise, in the Trade Union Act 2016. We looked at ways we could ensure this was not addressed in a partisan way, and we set up committees to look at it but, sadly, it proceeded, if not perhaps in the way originally intended.
The changes in Section 26 are an attack on freedom of speech and association. They appear one-sided and targeted, and will tie non-party organisations up in red tape, breach long-standing conventions about getting cross-party consent for changes and, critically, are completely unnecessary.
I know how concerned many noble Lords across the House were with the 2016 Act and the one-sided way in which it impacted on Labour’s main source of funding, breaching that convention on consent for changes in party funding. The noble Lord, Lord Butler, is absolutely right on the terms of the Speaker’s Committee and how it may be composed. It is a pity that the noble Lord, Lord Forsyth, did not participate in tonight’s debate, because I recall his interventions on the 2016 Bill. He was really concerned about the partisan approach on such a fundamental issue. He felt it was unfair, unjust and actually wrong to our democracy to undermine the principal opposition party. That is not the sort of thing we accept in this country, but it went through. I hope that he will be able to contribute further in the debates we have in Committee on this.
My noble friend Lord Monks mentioned that since 2016 we now have trade unions where members have to contract into their political fund—they cannot be automatically enrolled and members must not suffer any detriment by choosing not to opt in—and 4 million people do. I come back to the point from the noble Lord, Lord Taylor. That is ordinary working folk who make a conscious decision to contribute, not necessarily just to the Labour Party but to ensure that their organisation, as Robert Tressell said, has a political voice that can ensure that their interests are represented just beyond Parliament. That is fundamental in my view.
One of the things that really concerns me—I mentioned it to the Minister—is the failure to provide a sufficient evidence base for the changes or to properly consult trade unions and civil society organisations. This again represents the partisan approach which will undermine democracy in our country. The TUC and the organisation representing affiliated unions were an afterthought on consultation. They were not involved in the first round of discussions. I want to make sure that this sort of attitude does not continue. It is really important that we have proper consultation on things that will seriously impact the ability of organisations to continue to represent their members. The failure to consult, as we have heard in this debate, is echoed by the Commons Public Administration and Constitutional Affairs Committee, which concluded its report on the Bill:
“We feel that the Elections Bill proposals lack a sufficient evidence base, timely consultation, and transparency, all of which should be addressed before it makes any further progress.”
The Government’s response to the committee, published on 10 February, failed to address any of its major concerns, as the noble Lord, Lord Janvrin, pointed out. The response even contained very contradictory positions, and everyone in this House should be concerned about that.
The changes proposed are compounded by the unprecedented powers given to the Secretary of State in Clauses 13, 14, 23 and 24, with the Government giving themselves powers to remove the right of entire categories of organisation from campaigning publicly at election time. As the noble Baroness, Lady Prashar, said, much of the detail of how the Government’s proposals will work in practice is contained in unpublished secondary legislation. The Government have refused to publish this despite requests from the Electoral Commission.
I turn to an issue which has been of concern to many Members for some time. How do we raise awareness and engagement in our civic society? The noble Baroness, Lady Barker, raised this, as has the noble Lord, Lord Hodgson. I had the pleasure to be in a follow-up inquiry meeting of his Select Committee looking at citizenship and civic engagement. I was amazed at how little priority the Government gave to civic engagement and education in our schools, as the noble Lord, Lord Woolley, said. I tried to probe both Ministers and the schools inspectorate about this during the recent inquiry.
The Select Committee report recommended that the Government implement the recommendations of the review by the noble Lord, Lord Hodgson, on third-party campaigning. In their published response, the Government said,
“rules are not intended to prevent charities and other civil society organisations from undertaking legitimate non-party political campaigning.”
They went on to state that
“the Government wants to work with civil society to ensure that civil society organisations have the confidence to continue their non-party political campaigning and advocacy.”
It is incumbent on the Minister to tell us today how the Government’s work with civil society organisations resulted in the proposals in the Bill. What was the result of their consultations with civil society organisations and charities? They have told me that the Bill threatens to restrict their campaigning in election years by lowering the levels at which they have to register with the Electoral Commission.
The Bill also gives Ministers unprecedented powers to add, remove or define “permitted participants” at elections. This means that Ministers may decide to exclude a type of organisation or a category of individual from spending more than £700 on election campaigning during the 365 days prior to an election day—the “regulated period”. We no longer have fixed-term parliamentary elections, so this could, in effect, be a permanent restriction. I read the article by the noble Lord, Lord Hodgson, in the Third Sector magazine. I hope that other noble Lords will take the opportunity to do so. If a general election were called for this May, the regulated period would run back to May 2021. Effectively, charities would have to act as if they were always in a regulated period. This would close down civil society activism and the voice that people really want heard, which cannot be healthy for our democracy. It would have a chilling effect. It would be an attack on free and fair campaigning. I return to this point: all political parties need to listen to and hear civil society. It is often the way in which we change our policy. We hear from minorities and groups. We listen and communicate. The Bill will act as a block to that. It is why it is so chilling. It should address the barriers to participation in the democratic process, not put up more.
Evidence suggests that the Bill will make it harder for working-class people, older people, those with disabilities and learning difficulties, as well as black, Asian and minority-ethnic people, to vote. If the Minister does not agree, will he commit to a full and proper equalities impact assessment to work out if this is true? I hope he will respond to the point made by the noble Baroness, Lady Barker; it is vital.
One of the things I was struck by in this debate was the point the noble Lord, Lord Willetts, made about young voters. He was absolutely right. They are part of our community but, because of having to live in rented accommodation, with short-term accommodation such as six-month lets, every time a six-month let is up, they fall off the register. It is so difficult to stay on the register. I must admit that when I hear contributions about valuing the vote and how registration to vote should be a privilege, my reaction is that it is not a privilege but an absolute right, and we should be doing everything possible to ensure that people can register to vote. I agree with the noble Lord, Lord Woolley: the most important thing is to have a proper system of automatic registration. We should not exclude anybody from the right to vote.
Trade unions represent millions of working people, but the Government have shown in the Bill a commitment to cut those people out of our democracy. My noble friend Lady Hayter is absolutely right on foreign donations. This is another piece of evidence of the partisan approach the Bill takes, which will benefit only one party. That cannot be right for our democracy.
To sum up, during the key stages of scrutiny on the Bill our focus will be on how its proposals will impact on the independence of the Electoral Commission. I heard the comments on that, and it is absolutely shocking. I do not know what justification the Minister will give for it. I remember that when the Electoral Commission was set up there was concern: “It’s made up of people who don’t understand the way that party system works. They don’t understand how elections work. We ought to address that issue.” We did: every single political party has a representative on the Electoral Commission, including smaller parties and the Scottish National Party. They have representation on it, and all of them signed the letter from the Electoral Commission, apart from one. I have huge respect for the noble Lord, Lord Gilbert, who is on the Electoral Commission. I share a lot of his concerns about the way parties operate, and it is sad that the partisan nature of the Bill has impacted on the work of the Electoral Commission. There can be no justification for these sorts of changes.
The Bill’s proposals are also a breach of the convention that changes to the political landscape should be with the consent of all parties. We should strive to do that because, as noble Lords have said, what goes around comes around—whichever way round it is. Certainly there will be a Labour Government, and they will be a Government of honour and confidence. However, if we have been attacked in the partisan way that we have been, we will be under huge pressure to take action without the consent of the Conservative Party. That includes saying, “Why don’t we take big money out of politics? Why don’t we have a cap on donations?”. The Tory party would be concerned about such a cap, but no other party would be. We have been doing what the noble Lord, Lord Taylor suggested, going to ordinary folk and making sure that we get the £5, £10 or £20 a week—whatever people can afford. That is who we will be going to, not relying on Russian oligarchs.
We will also come back on the key principles set out in the recent report of the Committee on Standards in Public Life. I will not repeat what noble Lords have said in this debate, but we will come back on those key recommendations.
On the independence of trade unions and political campaigning, my noble friend Lord Monks made the point very strongly that we are concerned about joint campaigning efforts. In effect, because of the constitutional relationship we still have—I wrote a very good report on the constitutional relationship between the Labour Party and affiliated trade unions—there could be consequences. Some may be unintended, but one clear consequence is that affiliated unions will suddenly be responsible for joint campaigning. It will eat up their political funds and therefore deny them the sort of political voice that we think is very important. Of course, for small, non-party organisations, we will be adding yet more unnecessary red tape in an area that, as we have heard, is highly regulated.
I have gone on far too long. In Committee, we will examine all these clauses and ensure that the two and a half hours devoted to Committee on this Bill in the House of Commons will not be replicated. We will do our job, and we will do it well.
Lord True (Con)
My Lords, it sounds as if I had better get in some supplies of black coffee for the next few weeks. What a pleasure it is to see the noble Lord, Lord Collins, in his place. I know he has not been well because I reached out to him and hoped to have met him before now to talk about the subjects he has spoken about with such passion today. I hope that we can have that discussion, and I am very pleased to see him here. I listened with great care to what he said.
I also listened with care to the noble Lord, Lord Moore of Etchingham—I have to call him my noble friend. I was fascinated by his Hastings connection. He might be interested to know that my grandmother’s family came from generations of poor Hastings fishermen. Indeed, one of them was drowned off the Hastings coast —it was probably a good thing he did not have the noble Lord’s forebear in the boat at the time. In 1846, my great-great-grandfather built a little fishing boat and called it “Free Trade”. That was a good name then —it was an important year for free trade—and it is a good cause now. My goodness, we enjoyed the noble Lord’s speech today.
This debate has felt at times a little like being in that stall on the beach and getting too close to Mr Punch, but none the less, I give considerable thanks to all those who have spoken. Important points have been raised. It is my duty to try to address the concerns raised, not only today but in Committee. I would, however, like to say again that a great deal of work has underpinned this Bill and the measures within it. I agree with the noble Baroness, Lady Fox, that we should be careful of language. We have heard of a likeness to Belarus, Russia and so on. I take and consider concerns, but I reject the characterisation of this Bill as seeking to suppress votes.
The Bill is inspired by fundamental principles that guide our democratic system, including that people should be encouraged to vote. I agree with the noble Lord, Lord Woolley, that those who are entitled to vote should always be able to exercise that right freely, securely and in an informed way, and that fraud, intimidation and interference have no place in our democracy.
We have to adjust and reform our system—this is more than consolidation; I will come to that in a minute, but consolidation is different from reform—but I cannot promise the noble Lord, Lord Desai, that we will reform it in the way he suggests. There might be difficulties with smartphone voting, for a start. Practically, we believe that the measures we have discussed here today constitute a series of practical improvements to the electoral system. We have worked closely with the electoral sector experts, the AEA, and the Electoral Commission to ensure that the provisions are designed properly. I remind noble Lords that the Electoral Commission is in support of voter identification.
The Minister responsible for the Bill, Kemi Badenoch, and her predecessor, Chloe Smith, took time to meet a wide range of organisations in the voluntary and community sector to inform policy decisions. These organisations have played a part in developing the details of secondary legislation and will continue to do so. I will come to the point made by the noble Baroness, Lady Barker, later in my remarks.
The noble Baroness, Lady Hayman, in what I thought was a very measured speech—I did not agree with it all but I am glad I had a bit of agreement from her on some parts of the Bill—asked about pre-legislative scrutiny, which has come up in the debate, and about post, a subject that I will come on to. The Government have always demonstrated a willingness to listen to and collaborate with stakeholders, but pre-legislative scrutiny is just one way in which the Government can take the views of Parliament as well as the electoral sector and other interested parties. The Elections Bill is a product of a wide range of views and engagement with the electoral sector, civil society, parliamentarians and the Parliamentary Parties Panel. Many elements have come directly from reports and reviews conducted by parliamentarians, such as the 2016 report on electoral fraud by my noble friend Lord Pickles. Four sets of measures in this legislation—namely, those on accessibility, overseas electors, intimidation and digital imprints—have also been directly the subject of government consultation. There are issues relating to accessibility that I will return to.
In addition to that, ahead of bringing forward the legislative proposals for voter identification, we undertook a range of voter pilots in 2018 and 2019 that were independently reviewed by the Electoral Commission. Furthermore, we proactively sought the input and expert eye of those with detailed knowledge of elections operation. I echo the tribute paid by my noble friend Lord Hayward to those who operate elections—people who will be impacted by the measures in the Bill. Since the announcement of the Bill, it has also received scrutiny from the Joint Committee on Human Rights and been debated in the other place, including four evidence sessions.
The noble Baroness, Lady Hayman, asked if I would give a statutory commitment to a post-legislative scrutiny requirement in the Bill. I am afraid I cannot go that far, but I will say that it is standard practice for the Government to conduct post-legislative scrutiny of Acts following Royal Assent. In this case it will be important to allow some time for elections actually to take place so that we can effectively review the impact of the legislation.
The Bill already makes provision to evaluate the impact of implementing voter identification following the first three sets of elections. The Electoral Commission already has a statutory duty, unchanged by the Bill, to undertake reports on the administration of each parliamentary election, so a specific statutory requirement risks not allowing for the necessary flexibility to report following elections as they happen. However, I undertake to the noble Baroness that we will enable the House to follow these developments carefully.
The noble Baroness asked, as did my noble friends Lord Hayward and Lord Hodgson and others, why we are not consolidating electoral law. This is a reform rather than a consolidation, but we remain committed to ensuring that electoral law is fit for purpose into the future. We acknowledge that the process of consolidation is a long-term project desired by many. It would take significant consideration and policy development, and the Government’s immediate priority is to deliver this Bill. However, it is a request of which the Government are aware.
Many noble Lords queued up in the debate to say that the provision regarding voter identification was unnecessary. I guess the argument is that not many burglaries take place and have not happened recently in our road. No doubt those who have that view will not be putting locks on their back door. In saying that it is unnecessary, I thought the noble Baroness opposite also appeared to say that she did not think we had done anything about postal fraud. The reality is that the Bill contains many measures to stop the theft of—
Lord True (Con)
Ah, then I misheard. None the less, on cue I can tell the House that we are banning party campaigners from handling postal votes altogether; we are stopping postal vote harvesting; we are extending secrecy provisions; and we are requiring those registered for a postal vote to reaffirm their identities by reapplying for a postal vote every three years. I think I heard a general welcome and support in the debate for those provisions, and I am grateful for that. That was stated by the noble Lord opposite in his wind-up.
The claim that voter identification is unnecessary was addressed by my noble friends Lord Pickles, Lord Hayward and Lady Pidding and the noble Earl, Lord Leicester, among others. It would be remiss if we did not take action in this respect—action recommended by the independent Electoral Commission. It is also backed by international election observers, who highlighted vulnerabilities in our system and repeatedly called for introducing voter identification, saying that its absence is a security risk. I find it strange that the internationalist party par excellence does not pay any attention to those recommendations.
Showing photo identification is a reasonable and proportionate way to confirm that a person is who they say they are and something that people from all walks of life already do every day. Cabinet Office research shows that 98% of electors already own a photographic document. Everyone eligible to vote will continue to have the opportunity to do so and be encouraged to do so, and any eligible voter who does not have one of the many accepted forms of photographic identification, including lapsed identification, can apply for a free voter card from their local authority. Many members of the public have said in the pilots that they felt that the existence of voter identification increased their confidence in the security of voting.
I absolutely agree with my noble friend Lord Willetts, the noble Lord, Lord Janvrin, and others that we must encourage people and young people to vote. I have to say to the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Woolley, that we are not persuaded by automatic registration. No doubt, from hearing this debate, we will have the opportunity to discuss this in Committee. We think it contradicts the principle that individuals are properly responsible for registering themselves. That was one of the reasons we introduced individual electoral registration in 2014. The evidence shows that an individual system drives up registration and enhances the accuracy of the register. Online registration transforms the ease with which people can register to vote, and in March 2020, there were 47.6 million entries on the parliamentary registers in the UK—the highest number ever recorded. Instead of introducing a costly and potentially flawed system of automatic registration, the Government are committed to building on what we already have to make things better.
There was some criticism of the proposal to introduce first past the post to London mayoral and police commissioner elections. I will look carefully at Hansard but the noble Lord, Lord Kerslake, even seemed to challenge your Lordships to remove those provisions. I remind the House that these were manifesto commitments. The noble Lord, Lord Scriven, also said that there was no evidence of any problem. He said that we were accusing electors of not understanding what was going on. Let me give noble Lords some evidence. The Electoral Commission added that the rejection rate in May 2021 was 0.8% for local council elections; for police and crime commissioners, it was 2.7%; and it was 4.3% for the Mayor of London. In the 2021 London mayoral elections, conducted by supplementary vote, almost 5% of the total votes in the first round were rejected—114,000 ballots. In the second preference, 265,000 votes were invalidated. That is more votes than were validly transferred to the leading two candidates, Mr Khan and Mr Bailey. That is quite a significant problem, and I reject the view that there is no evidence for there being a problem.
The noble Baronesses, Lady Gale and Lady Humphreys, asked about Wales. As I said in my opening speech, I welcome the indication that the Welsh and Scottish Governments will consider legislating comparably across a number of areas. UK Government Ministers remain committed to working with our counterparts as they develop their own legislative proposals. On the strategy and policy statement, the Scottish and Welsh Governments have already recommended that the devolved Parliaments do not grant legislative consent to this measure. Therefore, we are preparing amendments, as I said at the outset, such that the statement must not contain provisions relating to the devolved functions of the commission.
The noble Lords, Lord Blunkett and Lord Thomas of Gresford—forgive me if there are others who I do not name; I have quite a lot to get through anyway—raised the important issue of assistance for blind and partially sighted voters. As noble Lords who are interested in the subject will know, the current difficulties arose partly because of the imperfections of the existing system that the noble Lord, Lord Thomas, spoke about, but there is also a court judgment that needs addressing.
The Government have had extensive engagement on this issue. I assure the House that we are ready to continue that. We are not removing the requirement to support blind and partially sighted voters; we are changing the way it is delivered to ensure that the needs of people with a wide range of disabilities are considered. Our approach will require returning officers to consider more varied and innovative support. That could be people using their own smartphones or devices in the polling station, or the use of a specific magnifier. There is not a one-size-fits-all approach. My colleagues in government and I look forward to further consultation and discussion on this very important subject.
Continuing on that, the noble Baroness, Lady Barker, raised engagement in relation to minority groups. My predecessor, Chloe Smith, conducted a series of round tables last summer with civil society groups, but I assure the noble Baroness that future engagement is also planned with groups that represent those with protected characteristics to work on supporting implementation planning and inform awareness-raising strategies. I will listen and ensure that my colleagues in government are aware of what the noble Baroness said.
There was a lot of discussion about overseas registration, not all of it favourable, although I was very moved by the speech of my noble friend Lord Lexden and his reference to Harry Shindler. The current position —that you are allowed to continue voting for 15 years —was established by the Labour Government in 2002, who determined that British citizens could continue to cast a vote. This did not seem such a shocking thing to the Labour Party then as it says it is now. I do not think that the principle it accepted then is invalidated by the removal of this limit. Why is it that 14 years and 364 days living abroad is fine, but at 15 years and one day Labour says, “We don’t want to know about you. You have no rights”? We believe that the connection that people have with their old country—their home country—does not end overnight in that way.
A suggestion was made by the noble Lord, Lord Rennard, that the franchise change is to increase political donations to the Conservative Party. I expect to hear some rumbles opposite. The issues at stake in the Bill are matters of principle.
Lord True (Con)
I knew they were coming.
There has been considerable demand for these reforms. Experts of all political stripes are keen to have their say on issues that affect them. The changes are about enfranchising British citizens and broadening their participation. Further evidence of the demand for votes is evidenced by the fact that, in recent years, many more overseas citizens have sought to exercise their voting rights under the current arrangements. In the 2015 general election, 110,000 British citizens living abroad were registered; for the 2019 election this had increased to 230,000. These electors come from all corners of the United Kingdom and are unlikely to share the same political persuasion.
Many noble Lords, starting with the noble and learned Lord, Lord Judge, in a typically notable speech, expressed concerns about Part 3 of the Bill. I have heard these concerns—although I have obviously been listening throughout the debate, I would have heard them even if I had just popped in. I hope to persuade noble Lords in Committee that those concerns are unfounded.
The Electoral Commission will remain operationally independent and governed by its Electoral Commissioners. As is the case now, the commission will remain accountable to Parliament, through the Speaker’s Committee on the Electoral Commission, which is chaired impartially by the Speaker of the House of Commons.
The noble and learned Lord, Lord Judge, quoted part of the offending clause, and someone else who spoke—perhaps it was the noble and learned Lord, Lord Judge—said that there was no requirement for the Secretary of State to even consult the commission. In fact, new Section 4C(2), inserted by Clause 14, says:
“The Secretary of State must consult the following on a draft of the statement … the Commission … the Speaker’s Committee … the Public Administration and Constitutional Affairs Committee … the Scottish Ministers … and … Welsh Ministers”.
He must reflect on those, and a proposal must be laid before Parliament, including your Lordships’ House. If your Lordships’ House or the other place have any doubts about it, it is within their power to refuse consent.
It has been suggested that the commission’s requirement to have regard to this statement is exactly the same as the Government directing the commission. With respect, I completely disagree. The statement will not allow the Government to direct the commission’s decision-making. The legal duty to have regard to this statement will not replace or undermine the commission’s other statutory duties. However, we see it as vital that we have an operationally independent regulator which can command trust across the political spectrum. The proposed measures are a necessary and proportionate approach to facilitate parliamentary scrutiny while respecting the commission’s operational independence. As I have explained, the Bill puts the UK Parliament at the centre of the processes relating to this statement, which will be subject to consultation at the relevant Select Committee.
The noble Lord, Lord Stunell, raised the CSPL recommendation to expand the commission’s regulatory powers to include enforcement of civil sanctions for candidate offences. It is important to note the local nature of offences under the Representation of the People Act, which means it is sensible for responsibilities related to candidates to lie with returning officers, local authorities and the police. Where appropriate, these can be referred to prosecution services and resolved through the courts. The Electoral Commission, by comparison, deals with wider scale campaigns run by political parties and third-party campaigners.
On Part 4, on expenditure, many noble Lords agreed with aspects of these proposals. However, I have heard the concerns raised by my noble friend Lord Hodgson of Astley Abbotts and others. I can assure my noble friend that we will be ready to engage. Charities and third-party campaigners subject to the lower tier expenditure limits will be subject to lighter-touch regulation proportionate to smaller campaign spend. They will not be subject to spending return requirements and donation reporting controls. This will ensure minimal regulatory burden for campaigners in scope. That said, it is completely reasonable to expect organisations spending significant amounts of money campaigning in our elections to follow rules and report their activity, even where they are regulated for other purposes.
I speak with great respect for the old and humane tradition of the Labour Party as the champion of working people, and the noble Lord opposite, the noble Lord, Lord Monks, very understandably expressed concerns about what the impact on trade unions might be. The new measures will not prevent any eligible UK-based group, including trade unions, campaigning. The measures are simply intended to strengthen the principle of spending limits already in law and protect the level playing field by ensuring that groups cannot unfairly expand their spending limits where they are conducting joint campaigns.
My officials met Trades Union Congress representatives about the Bill, but I totally appreciate the concerns of noble Lords. My officials and I welcome further discussions with noble Lords and stakeholders. I hope to reassure them and to consider any concerns that they have. In those conversations, I will address the points that the noble Lord, Lord Collins, made. I am committed to ensuring that all campaigners are clear about the rules and able to participate in our elections, as they always have been.
Noble Lords will be pleased that Parts 5 and 6—they may have noticed that I got only to Part 4—were generally supported. I thank noble Lords throughout the House and on the Front Benches opposite for that, and hope that the support will be sustained throughout the Bill. On that happy note for me, I conclude by again thanking all Peers who took part in this debate for their valuable contributions. We will read Hansard carefully. I look forward to engaging with them further, over a late black coffee if need be, and in more detail in Committee and throughout the remainder of the passage of the Bill.
Elections Bill
Thursday 10th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-I(b) Amendments for Committee (Supplementary to the Marshalled List) - (10 Mar 2022)
The Lord Speaker (Lord McFall of Alcluith)
I call the noble Baroness, Lady Meacher, to move Amendment A1.
Baroness Meacher (CB)
I ask the House to forgive me, but I am not aware of having anything to do with Amendment A1.
The Lord Speaker (Lord McFall of Alcluith)
I assure the noble Baroness that it is on the Marshalled List.
Amendment A1
Baroness Meacher
Lord Ashton of Hyde (Con)
Now we have a debate, which the Minister can answer.
Lord Stunell (LD)
I thank noble Lords and join in the general confusion about where we are up to. I speak in favour of the two amendments in this group tabled by the noble Baroness, Lady Meacher. They seem to be a ranging shot on one of the most important issues embedded in this Bill.
I hope that noble Lords will excuse me if I take this opportunity to explore what the amendments do and why it is so important that they and other matters relating to Clauses 14 and 15 are given serious consideration. These provisions are at the heart of the matter which I want to speak about. The question is really: is the United Kingdom to retain, as one of its trusted institutions and symbols of democratic legitimacy, the Electoral Commission, or is it to join an increasingly long list of countries that have, step by step and little by little, eroded their democratic base, undermined trust in their electoral processes and cast doubt on the legitimacy of their elected representatives?
The Electoral Commission was set up as a direct result of recommendations by the Committee on Standards in Public Life, on which I serve. The committee is chaired by the noble Lord, Lord Evans of Weardale, and its first chairman was Lord Nolan. People refer frequently to the Nolan principles but those are in the guardianship of the Committee on Standards in Public Life; so, we believe, is the Electoral Commission. It is a body which emerged from recommendations presented to the Prime Minister by the CSPL. It has since been overhauled and reviewed by the CSPL and there have been changes made in legislation, again based on recommendations made directly by the CSPL. In a report last year, the Committee made further recommendations to the Prime Minister about changes that needed to be made in response to the inquiry and the evidence that it took. All those recommendations were designed to make the Electoral Commission a more effective body, with clear and specific recommendations on how that should be done in each case.
The Electoral Commission was set up on the advice of the CSPL. It was updated on advice from the CSPL, and the Government have before them clear recommendations from the CSPL on how it could be improved further. Our report strongly emphasised what every piece of evidence showed: that to maintain trust in the electoral integrity of our democratic processes, it was essential that the Electoral Commission retains its independence from political interference—interference from any political party or faction, but particularly from the party in power at any one time. Unfortunately, Clauses 14 and 15 take our country in the wrong direction. The two amendments tabled by the noble Baroness, Lady Meacher, try hard to pull it back from the brink, so yes, they have our support.
At Second Reading, I asked whether the Minister would be ready to hand over to a future radical-left Government the powers that the Bill, in its present form, would give them. He is far too skilled an operator to answer that question, but it is very hard to believe that he would. It could start off with something as innocuous as a requirement for the Electoral Commission to have regard to the Government’s manifesto policies; levelling up, for instance, or maybe levelling down, as will surely be achieved as a completely accidental by-product of other provisions in the Bill.
In many areas, but particularly Clauses 14 and 15, the Bill seems to have been drawn up by people who have never been in opposition, which is startling because the Minister has plenty of experience of that, having lived as an oppressed political minority in the Liberal Democrat-run London Borough of Richmond upon Thames. The Minister may protest that there is to be a comprehensive consultation with various bodies before any strategy statements come into force. Of course, the amendments of the noble Baroness, Lady Meacher, very much bear on the question of the terms and conditions on which such a strategy report might be made.
The Minister might refer me to the elaborate wording of proposed new Section 4C, which is in Clause 14. But when I pointed out to him at Second Reading, as many noble Lords did, that practically every outside body that had expressed an opinion on these changes had strongly advised against them, and that the CSPL itself, which created the commission, had said that our electoral processes must be overseen by an independent regulator protected from political pressures and separate from the Government, and that it must demonstrate its impartiality and effectiveness at all times, the Minister’s reply was that the Government take a different view.
Noble Lords should bear in mind that five bodies must be consulted, according to proposed new Section 4C, before any such strategy document moves forward. It would be interesting to know what they will do when they get their first strategy statement. Actually, we do not have to wonder, as they have already commented on the proposals in front of them. Two opted out in disgust, which is why the Scottish and Welsh amendments flow in the next group. The Public Administration and Constitutional Affairs Committee has strenuously protested and recommended that the Government take these provisions out of the Bill. That is three of them. The Speaker’s Committee is packed with Cabinet Ministers, which is an offence when it is the budget holder for the Electoral Commission—a matter we shall talk about later. It is also worthy of note that all but one of the Electoral Commissioners jointly wrote an open letter of protest, pointing out that this fundamentally undermines their legitimacy and our democratic system. Therefore, of the five consultees in proposed new Section 4C, four have expressed vigorous dissent with the proposal and one is packed with Cabinet Ministers.
Interestingly, neither the CSPL or any local government institution was consulted: the one which created the electoral commission, and the people who will receive the benefit of its administration above anybody else. What we learn from this is that a fig leaf of consultation, even when we have a benign regime such as this, is not a safeguard. Under a less benign regime, as seen from the Minister’s viewpoint, that fig leaf could be gone in the space of a short consultation. I repeat my question: is the Minister completely at ease with the provisions in these two clauses? I and my noble friends are certainly not.
A look at the international stage may help noble Lords to understand our deep unease more clearly and explain why we are so strongly in favour of the Minister giving a fair wind, at the very minimum, to the amendment of the noble Baroness, Lady Meacher.
Lord Lipsey (Lab)
My Lords, when the noble Baroness, Lady Meacher, came into the Chamber, I do not think that she was expecting to have to move any amendments, and when I came into the Chamber, I certainly was not expecting to speak on any of them. But in a few sentences I would like to inject a broader perspective.
At the moment, we see a conflict between democracy and totalitarianism in Ukraine such as we have not experienced since the end of the Cold War. Democracy must win. But at this very perilous moment, the Government are introducing measures to shackle the independent Electoral Commission and put in its place the will of government Ministers. The Minister may say that they have no intention of doing anything naughty, but I would not trust him on that and, even if I did, I certainly would not trust every subsequent Government to go the same way. This is a disgraceful proposal. It undermines the democratic case that we are making to the world, and I hope that the Committee will have none of it.
Baroness Noakes (Con)
My Lords, this is the most extraordinary debate that I have ever taken part in, with the noble Baroness, Lady Meacher, first disowning the amendment in her name on the supplementary list of amendments and then moving it formally but not explaining what we are debating. I hope that the noble Baroness remains to withdraw her amendment at the end. Otherwise, we may be in a little trouble.
I was unable to take part at Second Reading on this Bill because I was not in the country, but I have of course read Hansard on that debate and I hope to take part in the remaining stages. I will not range as widely as the noble Lord, Lord Stunell, because I hope to say more about Clause 14 generally when we get to the stand part debate, where I think it would be most appropriate. But I will say a couple of things about the two amendments in the name of the noble Baroness, Lady Meacher, because neither of them is necessary.
Amendment 4A states that the Electoral Commission only needs to comply with the strategic and policy statement if it conforms with its own objectives. The amendment is unnecessary because the only requirement in new Section 4B in Clause 14 is for the commission to “have regard to” the statement. Nothing compels the commission to do anything specific as a result of the statement being published, and nothing in Clause 14 changes the requirement for the Electoral Commission not to do anything which conflicts with its statutory duties. In short, its regulatory independence is already protected by Clause 14.
I was somewhat mystified by Amendment A1 which removes the role and responsibilities from the strategic and policy statement. These strategic and policy statements merely set out what the Government’s priorities are and what the Government see as the role and responsibilities in relation to those priorities. It does not override the commission’s independence but gives guidance as to the Government’s priorities and of course those priorities will be approved by Parliament. Public bodies do not exist in a vacuum; they exist in a political context. The strategic and policy statements just give that context—nothing more, nothing less. Clause 14 does not impact on the independence of the Electoral Commission.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, this is an astonishing Bill. I understand why there was confusion at the start; I do not blame the noble Baroness, Lady Meacher, in any way and I hope no one else will, given what we are facing today.
This is an outrageous Bill in almost every way: a 171-page compendium of political bias. In the case of the Electoral Commission, I can understand why the Government are embarrassed. As I understand it, the commission pointed out the kind of money that the Conservative Party was getting and where it was getting it from. Given that we are now in the middle of a war in which the Russian state—Mr Putin and his cronies—are invading Ukraine, the fact that some of the money was coming from Russian sources must be an acute embarrassment to the noble Lord and his cronies. That is why they do not like the Electoral Commission.
We just have to look at what is in the news today about the Charity Commission. The story is that the Government are about to put in a Tory placeperson—a placeman, as it happens—as the chair of the Charity Commission, as they have done before. This is what they do, and it is happening throughout our public system. A Member of this House, who used to be a Labour MP, has been appointed to post after post because they supported the Government in the last election and supported the Vote Leave campaign. It is cronyism squared—cubed, probably.
The Liberal Democrats mentioned the Westminster Foundation for Democracy in a speech earlier. I used to be a board member of that foundation and am now on the executive of the Commonwealth Parliamentary Association. We are about to have a seminar, with representatives from all around the Commonwealth, at which we will be talking about good governance. How on earth can we try to put forward the idea that this so-called mother of Parliaments is an example of good governance if this Bill becomes an Act? We must do everything we can, not just to amend it but to scupper it.
Look at today’s amendments: after the two from the noble Baroness, Lady Meacher, we have over 100 government amendments. What on earth is going on with this legislation? We will soon be moving towards Prorogation and the Queen’s Speech. This Bill should be totally abandoned. In many ways we are wasting our time going through amendment after amendment; I do not think there is any prospect of the Bill moving forward.
I am a member of the Parliamentary Assembly of the Council of Europe and the Organization for Security and Co-operation in Europe Parliamentary Assembly. We go around monitoring elections in other countries and we see what happens. If there is no effective independent electoral commission in a country then we criticise that and say it is not a proper democracy. How can we properly participate and show face in these countries if this Bill becomes an Act? It is just outrageous.
I know the Minister has an impossible task. Those of us who have been in the House of Commons know the kind of debates that take place there. Regrettably, the House of Commons these days is not taking the time—it does not have the time—to examine 171 pages and all these amendments in detail, let alone their implications for our democracy. We are dealing here just with the Electoral Commission but there is a whole range of other issues, such as identification, which will make the opportunity for ordinary people to vote much more difficult.
As I say, the House of Commons has not given this legislation the kind of scrutiny that its Members ought to have done. They understand elections more than we do; they take part in them year by year, so they understand the implications of the Bill. We have a responsibility to go through the Bill line by line, but there is no way we can do that in the next couple of months. I hope that at some point—even if not now, it is inevitable that this is going to happen—the Minister will throw in the towel and say, “This is just not going to proceed”. If not, I warn him that we on this side of the House—and I think the Liberal Democrats are filled with the same kind of enthusiasm and determination, as are the Greens and, I suspect, a huge number of Cross-Benchers—will do everything we can to undermine and thwart the Bill and make sure that this abortion—no, that is not the right word.
Lord Foulkes of Cumnock (Lab Co-op)
Thank you; I am grateful that I have some friends around here who are far more literate than I am. We will do everything we can to make sure that this abomination of a Bill never becomes an Act.
Lord Cormack (Con)
My Lords, I apologise that I cannot be here for the whole of today. When I spoke at Second Reading, I made my reservations about the Bill quite clear. There are certain aspects that I support, such as tidying up postal voting, but all that that needs is a short Bill.
It is grotesque that we have this Bill before us while people are literally dying for democracy. The best, most seemly and most honourable thing that we can do is to delete these clauses completely from the Bill. They have no place in a Bill of this nature in a country that prides itself on being the mother of Parliaments—it is not the institution, by the way; Bright’s quotation was that the country was the mother of Parliaments, and that is what we are. It is a heritage that we should do everything we can to cherish and preserve. We are exceptionally fortunate in the democracy that we have, warts and all. While people are being mown down in Ukraine and while brave people in Russia, in St Petersburg, Moscow and other cities, are going out on to the streets to protest, knowing that if they are arrested then they might face 15 years in jail—we heard earlier in our deliberations today of that poor man or woman who was in jail in Belarus in a tiny cell with 15 others, all of whom were smokers—we have an absolute duty to cherish and preserve our democracy.
A democracy needs to have a monitoring body. I spoke for the Conservative Party from the Front Bench in the other place when the Electoral Commission came into being. As we said at Second Reading—my noble friend Lord Hayward made this point—it is certainly entirely appropriate to review its operations after two decades, but to shackle it in such a way that the Government are in a position to dictate what it does is utterly and completely wrong.
There is no point in my noble friend, for whom I have considerable affection and regard, pretending that this Government do not mean any ill. I am perfectly prepared to accept that they do not mean any ill, but what if Mr Corbyn had had charge of this? Would we on our side of the House have thought it appropriate that a Corbyn Government should have the power to dictate to an Electoral Commission? One only has to state the words to underline their absurdity. I hope my noble friend will not see that we have protracted debate on this but will say that these clauses should go, and that we do not have to debate them further.
Lord Foulkes of Cumnock (Lab Co-op)
When I listed the people and groups who were going to oppose the Bill, I should have included the noble Lord, Lord Cormack, and some of his Back-Bench colleagues. I apologise for leaving him out.
Lord Cormack (Con)
It is a touching gesture. Anybody who considers himself or herself a parliamentarian should be opposed to this particular part of this particular Bill. I hope that message will be received by my noble friend and that he will realise that it should not be his mission to undermine, however indirectly, our parliamentary and electoral democracy because, of course, this applies to elections as well and not just to Parliament.
We are much in the debt of the noble Baroness, Lady Meacher, for tabling these amendments. She introduced them with remarkable brevity. Let us have done with this.
Lord Hayward (Con)
May I ask my noble friend before he sits down just to clarify his comments about the amendments from the noble Baroness, Lady Meacher? Will there also, as I see it, be an opportunity to comment in more detail when we debate the clause standing part? That may be the occasion when I comment on his generous comments about me, for which I thank him.
Lord Cormack (Con)
Yes, that is fine. I think there is even a case for deleting these clauses in Committee.
Baroness Fox of Buckley (Non-Afl)
My Lords, I was not intending to speak on this part but I feel very queasy about the way a number of noble Lords are using the situation in Ukraine to have a go at this part of the Bill. People are indeed dying for democracy, but they are not dying to defend an Electoral Commission—an unelected quango in the UK. I think it is rather unbecoming to use that.
The Electoral Commission is relatively new to the UK’s democratic life and democracy thrived when it did not exist. At the very least, we should stop aggrandising the Electoral Commission as though the electorate depend on it. There are problems with it and there are problems with the way the Government are trying to deal with it. I am not necessarily defending the Government’s way of solving the problem of the Electoral Commission—
Lord Blunkett (Lab)
Go on, defend it. The noble Baroness used to be in the Communist Party.
Lord Foulkes of Cumnock (Lab Co-op)
The noble Baroness said that we had a functioning electoral system before we had the Electoral Commission. The commission was a move to improve it, just as votes for women was a very great step forward. I am sure she would not want to go back to the time before that.
Baroness Fox of Buckley (Non-Afl)
I appreciate that I am surrounded by Labour noble Lords who object to what I am saying. One of the great advantages of votes for women was that occasionally we get to say the odd thing that does not go with the grain.
I am raising the problem that the Electoral Commission is not necessarily all good. I want to say this about it. There was a great deal of dissatisfaction about the Electoral Commission’s lack of independence in its response to the 2016 referendum, which I referred to in my Second Reading speech. Such were the concerns about the bias of the Electoral Commission in that period that it had to apologise for the bias of many of its members. This is not me saying it—I am quoting the Electoral Commission, which we are all told we have to listen to.
The bias led to many voters feeling that the Electoral Commission was not fit for purpose and was in fact biased against their wishes as an electorate in that referendum. Many of those people were not Tory cronies but Labour voters—Labour voters who may no longer be Labour voters because they became disillusioned by the fact that the Labour Party told them they had got it wrong, they were duped and they needed to think again. While the Labour Benches are very keen on democracy, they were less keen on the democratic decisions of many of their voters in 2016 and subsequently.
At the very least, therefore, it is important that we look at the role of the Electoral Commission critically and seriously. I do not think the way the Government have gone about reforming it will clarify or help things. I will make those points another time. But to say, as has just been said by a number of noble Lords, that we have a responsibility to take the Bill and thwart it, scupper it, throw it out and all the rest of it, seems to me rather to fly in the face of democracy. A little humility is maybe needed to remember that the plans for the Elections Bill were in the Conservative Party manifesto—which noble Lords will be delighted to know I did not vote for, before they all start.
Nevertheless, I clocked that they were there. We in this House are unelected legislators and need to take at least a smidgen of note of what the electorate might consider priorities. Not everything is a Conservative Party plot but one reason many people voted for the Conservative Party in 2019 was that they felt abandoned by the opposition parties.
Baroness D’Souza (CB)
My Lords, I wonder whether noble Lords are fully aware that this is Committee and not Second Reading.
Lord Beith (LD)
My Lords, I want to make a Committee point, if I may. Even though I agree with the general statements that have been made about the deep undesirability of Clauses 14 and 15, and the danger they represent to the reputation of this country as a guardian of democracy, my noble friend made quite clear that we would want to see those clauses removed but also indicated his support for the noble Baroness’s amendments, which would ameliorate those clauses slightly if the Bill were to retain them. I am very keen that the Bill does not retain them.
The amelioration has its limits and, in that context, I want to remind the Committee of the report of the Constitution Committee on the Bill in this respect. Paragraph 39 says:
“We are concerned about the desirability of introducing a Government-initiated strategy and policy statement for the Electoral Commission. The proposal will open up to risk the independence of the Commission … it would be dangerous if the perception were to emerge that the Commission is beholden to the Government for its operation and delivery.”
The weakness of the noble Baroness’s amendment, which I know is well intentioned, is that the statutory status of the statement remains and she creates a rather interesting situation, which I had not seen in legislative form before, in which the commission can carry out what the Government suggest if it already agrees with them, which would be a new kind of statutory position. The fact is that there would still be a statement that had some degree of statutory authority behind it.
Governments and governing parties can always criticise what the Electoral Commission says and does and have shown little hesitation about doing so over the years. There has never been a limit on the ability of the Conservative Party to say what it disagrees with in the Electoral Commission’s work. But to create a statutory process, even with the consultation involved, and produce from that a statement which explicitly or implicitly appears to bind the Electoral Commission is highly dangerous. I see that statement as addressing priorities of the commission. Is the commission spending too much time on political finance and donations? Is it spending too much time trying to register groups of people in this country? Should it spend more time trying to find more overseas voters? Such issues are not things on which we want to see the Electoral Commission steered by a statement that has any authority from statute. Let parties both in government and outside it continue to express their views and, indeed, their criticisms, but do not build into our statutory system that kind of statement.
Lord Butler of Brockwell (CB)
My Lords, I put my name to the amendment in the name of the noble Lord, Lord Wallace of Saltaire, which my noble and learned friend Lord Judge will move this afternoon. As I may not be able—depending on the progress of business—to speak then, it may be for the convenience of the Committee if I make a very short intervention now.
I spent last night reading the illustrative example of a strategy and policy document issued by the Government in September. This document is no doubt designed to reassure but we are left with the question of how much further this clause gives an opportunity to a Government to go in regulating the activities of the commission. That is the subject that should worry us.
Baroness Bennett of Manor Castle (GP)
My Lords, the processes of your Lordships’ House are enclosed in layers of impenetrable language, punctuated by archaic ritual and layered in complex paperwork that can confuse even the veterans among us. For International Women’s Day I have been exhorting the young people of Britain, particularly young girls, to watch the House of Lords—with some trepidation because it is not easy to understand if you just switch on Lords TV.
Many noble Lords will have noticed, in the great increase in our piles of letters and emails in our inboxes, that the House of Lords is—this is responding particularly to the comment of the noble Baroness, Lady Fox—a place where democracy is being defended. Several noble Lords have said, “Oh well, we don’t have to worry about this Government having the power of control over the Electoral Commission; it’s some other putative Government we are concerned about.” However, when I look at the police Bill, the judicial review Bill, the Nationality and Borders Bill and many others, and I look at my postbag of people saying they are concerned, I know that the public are asking us to represent them, and we have to worry about this Government as well as any potential future Government.
As a further piece of evidence, noble Lords may have seen, a week or so back, the Democracy Defence Coalition’s giant van and billboard parked—deliberately—outside Millbank House, where many of us have offices. That organisation represents hundreds of thousands of people who are concerned about this Bill. The top line in their list was concern about the independence of the Electoral Commission, which is what these amendments seek to address—particularly Amendment 4A.
Coming to the detail of this, I entirely understand the impulse from the noble Baroness, Lady Meacher, to try to put some controls and limits in. But the only way forward is to get these clauses out of the Bill. More than that, I agree with the noble Lord, Lord Foulkes, and others, that this Bill is an absolute mess. As others have said, the number of government amendments makes that very clear. We must not be proceeding with this Bill as an absolute minimum at the moment.
Lord Scriven (LD)
My Lords, I thank the noble Baroness, Lady Meacher, for tabling these amendments and setting an example for all of us in Committee to present our amendments with such brevity in such a concise nature. I declare my interests in the register which are relevant to this Bill.
The noble Baroness’s amendments do their utmost—if these two clauses are to remain part of the Bill—to keep the Electoral Commission as independent as possible from government interference. It might be worth looking at a dictionary definition of independence. It is: the ability to go about one’s business without being helped, hindered or influenced by others. The Minister may say that this is trying to help the Electoral Commission. Independence means that you stay out of the function of that commission.
In response to the noble Baronesses, Lady Noakes and Lady Fox, we have to be very clear what the amendments are trying to omit. The role of the Electoral Commission is not to carry out the priorities of the Government. Yet we see in new Section 4A(2)(b):
“The statement is a statement prepared by the Secretary of State”—
a Cabinet Minister—
“that sets out … the role and responsibilities of the Commission in enabling Her Majesty’s government to meet those priorities.”
The role of the Electoral Commission is not to meet the priorities of Her Majesty’s Government, it is to ensure free and fair elections for all parties—not at the behest of one political party. That is why these amendments, if the clauses stand part of the Bill, are important.
At Second Reading I said to the Minister that when the noble Lord, Lord Cormack, and I are together, there must be fundamental flaws in the Bill. With what the noble Lord, Lord Cormack, has just said, I feel like calling him my noble friend on this particular issue. His powerful words—as upsetting as they are to some noble Lords—are absolutely correct. At this time, when people are fighting for the basics of freedom and democracy, it is wrong that we are having to debate a Bill which tries to put the Electoral Commission’s strategy and priorities in alignment with those of Her Majesty’s Government—a political party. Those are not the free and fair elections which are the basis of a strong, functioning democracy.
It is for those reasons that if at a later stage your Lordships decide to see Clauses 14 and 15 stand part of the Bill, these amendments at least try to bring back a semblance of independence and take away the role of government. That is why these Benches support the noble Baroness’s amendments as drafted.
Baroness Hayman of Ullock (Lab)
My Lords, it is a pleasure to follow the noble Lord, Lord Scriven, and we agree with everything he has just said. This is the beginning of our debates on the Elections Bill, so I start by thanking the Minister and his officials for taking the time to meet me and my colleagues to go through some of our concerns.
I turn to the amendments in the name of the noble Baroness, Lady Meacher—again, it is unusual to find such brevity in an introduction—which draw attention to the link between the Electoral Commission and the Government. The noble Lord, Lord Stunell, gave a very clear overview of how the Electoral Commission came into being. He also talked about some of the comments from the Committee on Standards in Public Life.
Our concern is with Part 3 of the Bill, and Clause 14 in particular. We believe it represents a deeply worrying step for our democracy. The Minister and his Government might like to think that it is their party in government today, but legislation is for future Governments. This could be for other parties, including parties not represented in this Chamber. It is not for any Government to dictate the priorities of an independent watchdog, yet these proposals, as we have heard, allow the Government of the day to set the agenda of the Electoral Commission.
The Electoral Commission regulates the elections in which Governments are elected. It is very important that the Electoral Commission has independence from the Government of the day. The existence of an independent regulator is fundamental to maintaining confidence in our electoral systems and, therefore, in our democracy.
That is particularly important when the laws that govern elections are made by a small subset of the parties that stand in elections. Many parties that stand in elections in our country do not have Members of Parliament, and much of the legislation here will be done as secondary legislation, so the commission’s independence needs to be clear for voters and campaigners to see. It must be viewed as fair and impartial. As we have heard, no organisation has given these proposals its full support.
The noble Lord, Lord Stunell, referred to the consultation around the statement, but I have to say that consultation on these proposals so far does not exactly fill me with confidence. If the Committee will bear with me, I will just refer to the Government’s response to PACAC’s fifth report around consultation. In the report, the committee
“urges the Government to provide guidance, as a matter of urgency, on the proposed consultation mechanisms, which should be agreed with the list of statutory consultees in advance of publication.”
The Government’s response says:
“The consultation mechanism for the designation of the Strategy and Policy Statement is already outlined in detail in new sections … Those statutory consultees are: the Electoral Commission, the Speaker’s Committee on the Electoral Commission, and the Public Administration and Constitutional Affairs Committee.”
But parliamentary consequences of the recent machinery of government changes, whereby ministerial responsibilities for elections now sit with the Department for Levelling Up, Housing and Communities, will mean that the Public Administration and Constitutional Affairs Committee may need to be replaced with the Levelling Up, Housing and Communities Committee as a statutory consultee on the statement. Considering that PACAC was one of the organisations most critical of the Bill in its response, I find it very concerning that it is being threatened with removal. I would be very interested to hear the Minister’s justifications for that.
Furthermore, in the response:
“The Government notes the Committee’s suggestion to set minimum timeframes for consultation but considers it would be disproportionate and unnecessarily burdensome.”
Again, I ask the Minister why. Consultation used to be my profession; I was an associate at the Consultation Institute. We lay out best practice for consultation and that is not best practice.
The Minister has previously said that it is important that we have independent regulation so that the public can have confidence in our elections. But the implication of this is that we do not currently have independent or impartial regulation of elections. It implies that somehow the Electoral Commission, as currently constituted, is fundamentally flawed and failing in its duty. That is a substantial claim, and I have seen no evidence for it.
My noble friend Lord Foulkes talked about the importance of good governance and how the proposals in this Bill completely undermine that. He also talked about how we monitor elections in other countries and how on earth we will continue to be taken seriously in the future if we have basically kneecapped our own Electoral Commission and are bringing in many of the other measures in this Bill.
The Electoral Commission is already accountable to the House through the Speaker’s Committee. There are regular questions in the Chamber of the other place precisely to provide some of that accountability. The members of that committee scrutinise the operation of the commission, and there are also procedures at Holyrood and at the Senedd in Cymru to ensure the Electoral Commission self-accounts for its operations in those parts of the United Kingdom. These proposals threaten to end the commission’s independence and put control of how elections are run in the hands of those who have won them, which cannot be right. These look like the actions of a Government who fear scrutiny, and I suggest we have seen that in other legislation in recent times. I ask the Minister: under the current proposals in the Bill, will Parliament be able to amend the statement?
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I thank the noble Baroness opposite for her kind remarks at the outset, and make clear that I have been privileged by and welcomed the discussions I have had with her and other noble Lords in the passage of this legislation so far. I give an assurance to the House that I will always be open for those discussions. We may not agree, but I am concerned to hear the opinions and seek to address the concerns of noble Lords on all sides. I may not be able to succeed, the Government may not be able to succeed, but that is the spirit in which we should go forward.
I hope the one thing we might agree on is our revulsion and scorn—and hatred, actually, which is a word I do not use often—for the activities of the Russian Government and army in Ukraine. But I beg that the enormity of what is happening there should not be adduced as an argument in questions of judgment about the degree of our regulation of electoral amendments, which this amendment before the Committee is about. I do not believe it is comparing like with like. I thank the noble Baroness, Lady Meacher. She seemed a little surprised, but I thank her for putting these amendments before the Committee.
I noted that the noble Lord, Lord Stunell, was in his place and rose swiftly to read a 13-minute speech on these amendments to the House. Perhaps, he was not as surprised as the noble Baroness, Lady Meacher, by the events which occurred.
I did not intervene in the debate because the glory of this House is that it is a free House; it is the master of its own procedures and its own way of going forward. The group of amendments we have just discussed has nothing to do with excising Clauses 14 and 15. There is no amendment to Clause 14, and the noble Baroness suggests leaving out two lines and adding a couple of points to Clause 14. On the Order Paper, we have a clause stand part on Clauses 14 and 15. The appropriate procedure, I venture to suggest, with the greatest respect to your Lordships’ House—protecting and arguing for your right and freedom of procedure, which I, as a Member of this House, regard as one of its glories—is that we should address in Committee points that are before the House in Committee.
Baroness Hayman of Ullock (Lab)
I apologise. Did the Minister just say that the amendments have nothing to do with Clause 14? They are amendments to Clause 14.
Lord True (Con)
No, I said that what was before the House was not a clause stand part debate. I will address the amendment before the House. The proposal to excise Clauses 14 and 15 comes later today, in the sixth group, in your Lordships’ House. The noble Lord, Lord Butler of Brockwell, actually said—
Lord Lipsey (Lab)
My Lords, I am doing my best, on the basis of only 20 years’ experience in this House, to follow the Minister. Is he saying that he is going to try to improve a clause in Committee, when later we are going to have an opportunity to choose whether to reject the clause as a whole? Of course, we must do both. I hope that it is rejected eventually but in the meantime, the amendment of the noble Baroness, Lady Meacher, goes some way to mitigating its worst features.
Lord True (Con)
No, I am not saying that in the slightest. I will address the amendments of the noble Baroness, Lady Meacher, because that is the proper thing to do in Committee. All I respectfully submit to your Lordships is that, if there is a clause stand part amendment—the noble Lord, Lord Butler of Brockwell, made a clause stand part speech because, as he explained, he is not going to be here later—then the appropriate place for it is probably within that debate. The noble Lord—
Lord Foulkes of Cumnock (Lab Co-op)
Following on from my noble friend, I have only been in this House for 16 years, so I am a relative newcomer compared with some Members, but I have sat through lots of Committee stages. I say this with great respect to the noble Baroness, Lady D’Souza, as she is a former Speaker: in the first debate in a Committee, I have often seen Members take the opportunity to speak more widely than the specific amendment. I do not think that either Back-Benchers or, particularly, the Front Bench should object to that.
Lord True (Con)
No, and the noble Lord, for whom I have the greatest affection, is never slow in coming forward in such debates. Indeed, he used the amendment to say that the whole Bill should be thrown out, not just these two clauses. I assume that he includes in that tackling postal vote fraud, clarifying law on digital campaigning, protecting voters against intimidation and various other things in this legislation. Do I infer that the noble Lord, as he said in his speech, would like to throw the whole Bill out?
Lord Foulkes of Cumnock (Lab Co-op)
I look forward to the evidence being put forward about postal vote fraud. I have certainly not seen a lot of it around where I vote; I have not seen any intimidation at all. Anyway, these things could be dealt with in different ways.
Lord True (Con)
Okay, I take that as a yes: that the noble Lord would like to reject the whole Bill. I will be interested to see in Committee if that is the position of the Labour Party.
As I said, I make no objection to the free procedures of the House—
Lord Collins of Highbury (Lab)
I slightly object to that, because the Minister is extending a response to one point to a general point. He was able to read the Second Reading speeches of all noble Lords, including mine and that of my noble friend, which made our position on postal votes and on intimidation absolutely clear. For the record, I hope that he will understand what the Labour Party’s position is.
Lord True (Con)
I am grateful for that, and I do know that that is the Labour Party position. I was pointing out that the noble Lord sat at the back might not actually have the support of the Labour Party on his proposition to throw the whole Bill out.
Lord Foulkes of Cumnock (Lab Co-op)
I agree completely with what my noble friend has just said. I was saying that there are different ways of dealing with this, rather than in this huge omnibus Bill which deals with so many things and does not allow us to scrutinise matters such as postal votes, fraud and intimidation. These should be dealt with properly, and given the time needed to consider them properly, rather than in this mammoth compendium of a Bill.
Lord True (Con)
I anticipate that we will discuss all those things. I intend, if nature allows, to be present for every hour of Committee on this Bill and every hour on Report, and to give full attention and respect to everything your Lordships say. Perhaps I could get on with the amendments before the House—
Lord Scriven (LD)
I point out to the Minister that he has just spent 10 minutes doing exactly what he has told noble Lords not to do. Now that we are in Committee, will he come to the substance of these amendments?
Lord True (Con)
I would have done so slightly quicker if the noble Lord had not intervened.
The suggestion before the House, which I will deal with later, is that the Government are attempting to interfere with the operational independence of the Electoral Commission. We contend that that is a mischaracterisation, and I will deal with that at the appropriate time. Reference has been made in the debate to the illustrative statement the Government have published for the Election Commission, which we will discuss later. I hope that all noble Lords will have a look at it. It states:
“This Statement does not seek to interfere with the governance of the Commission, nor does it seek to direct specific investigative or enforcement decisions of the Electoral Commission. This Statement does not affect the ability of the Commission to undertake enforcement activity as they see fit”.
The Government are not seeking to direct, as has been submitted, the Electoral Commission. Amendment 4A seeks to amend Clause 14 so that the commission only has to consider following the guidance in the strategy and policy statement if the commission considers that the guidance aligns with its own objectives. As I have set out, the duty on the commission to have regard to the statement on the discharge of its functions contained in Clause 15 is not a directive; it simply asks the commission to consider the guidance. This protects the operational independence of the commission and means that the amendment is unnecessary.
Amendment A1 would remove the provision for the strategy and policy statement to be able to set out the role and responsibilities of the commission in enabling Her Majesty’s Government to meet their priorities in relation to elections, referendums and other matters in respect of which the commission has functions. First, on a technical note, this amendment would not limit the scope of the strategy and policy statement, as intended, as the clause would still provide for the statement to set out guidance relating to particular matters in respect of which the commission has functions. Secondly—and we will debate this later—it is entirely right that the Government should include within the statement the role and responsibilities of the commission in enabling the Government to meet their priorities in relation to elections.
For any Member who has not already seen the illustrative strategy, I say again that I hope noble Lords will review the document, and that many will find it to some degree reassuring—to the use the phrase of the noble Lord, Lord Butler—and hard to disagree with the content. However, I will listen to the comments on that, as on anything else. The statement sets out the Government’s expectation that the commission should tackle voter fraud, improve accessibility of elections and increase participation. I hope we can all agree that these are important aims that it would be wholly appropriate for an electoral regulator to support. For these reasons, I hope that the noble Baroness will withdraw her amendment.
Baroness Hayman of Ullock (Lab)
The Minister did not address my concerns around consultation on the document. Will he come back on that, please?
Lord True (Con)
My Lords, we will come to that document later. The specific recommendations taken up in these proposals were those of the Pickles committee in 2015.
Baroness Meacher (CB)
My Lords, I thank the Minister for his response to this excellent debate. I did table these amendments but did not ask for them to be degrouped. It never occurred to me that they might be degrouped, hence I was a little ill-prepared this morning: I was expecting to deal with them in about six hours’ time. I am incredibly grateful to the noble Lord, Lord Stunell, for picking up the pieces of my confusion and making an outstanding contribution. The clerk has said I could make a few comments at this point—a very few—but I have barely recovered from the incredible response of the Committee to my confusion. Noble Lords have been courteous, amusing, gentle and kind, and I am enormously grateful, I really am.
Let me just explain why I tabled these amendments, despite the fact I feel passionately that Clauses 14 and 15 should not stand part of the Bill and be removed. I worked in Russia at the beginning of the 1990s; I watched President Yeltsin trying to create democracy in Russia and have watched it disappearing. We need to treasure our democracy and these clauses, in my view, will drive a wedge between democracy and a bit of reality in our political process. I completely agree that Clauses 14 and 15 should not stand part of the Bill, but I tabled these amendments to make the point that it is crucial that the Electoral Commission is free and independent to do what it believes is right and proper for it to do.
The suggestion was made from the Conservative Benches that, “Oh, no, it’s fine; these amendments are completely unnecessary because all the commission has to do is to ‘have regard to’ the will, the policy and the strategy of the Government.” But I have worked in these public bodies and am very aware of people asking, “Do we have to have regard to the Government or not?” This is vital, because if these clauses go through and these amendments do not pass, then the chair and the CEO of the Electoral Commission will be very anxious—believe me, having been there—to comply with the will, policy and strategy of the Government. That is the whole point: the commission must be independent, feel independent and act independently. These amendments are necessary unless the ideal situation emerges where the clauses are removed from the Bill. With all that said, I beg leave to withdraw the amendment.
“(3A) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.”Member’s explanatory statement
This amendment provides that a statement under the inserted section 4A of the Political Parties, Elections and Referendums Act 2000 (“PPERA”) must not include provision about matters so far as relating to the Electoral Commission’s devolved Scottish or Welsh functions.
Lord True (Con)
My Lords, I apologise to the Committee at the outset for the large number of amendments in this group. They are technical amendments, in the main, and the overwhelming number of those I speak to—Amendments 1 and 2, 21 to 24, 26 to 30, 33 and 34, 36 to 38, 40, 43, 46 to 51, 106 to 108, 110 to 118, 124 to 133, 157 to 160, 162 to 167, 169, 173 and 174—are related to the discussions the United Kingdom Government have had with the devolved Administrations in preparing the policy and drafting the legislation. We undertook extensive engagement with them.
For a number of measures that are within devolved competence, the United Kingdom Government considered that a co-ordinated UK-wide approach would have been beneficial, ensuring consistency and operability for electoral administrators and those regulated by electoral law while strengthening protection for electors and relevant political actors. It is therefore regrettable that while the Government sought legislative consent for these measures, the Scottish Parliament has not granted such consent and the Welsh Government have recommended that the Senedd does not so. In respect to those positions, we have therefore tabled these necessary amendments to ensure that measures in the Bill apply to reserved matters only. In addition, an amendment has been tabled to the digital imprint provisions, which already apply UK wide, to ensure they will continue to function correctly once other parts of the Bill concerning devolved matters are amended.
We welcome the indication from the Scottish and Welsh Administrations, however, that they are considering legislating comparably in a number of areas covered by the Bill. The United Kingdom Government remain committed to working closely with the Scottish and Welsh Administrations to support consistency in electoral law and ensure clarity and coherence are achieved across the United Kingdom for voters, the electoral sector and those regulated by electoral law.
Additionally, this group contains technical amendments in my name that are necessary for the measures to be fit for purpose and operate as intended. I will give a brief description of each and the reasoning behind them.
Amendment 82 relates to voter identification and clarifies the information to be displayed on both the poll card and the large notice in polling stations. These will tell electors which forms of identification will be accepted. Amendments 74 to 77 and 123 to 133 are minor clarificatory drafting changes to Schedule 1 and Schedule 6 to reflect that Northern Ireland-registered voters and GB-registered proxies are not mutually exclusive categories, with a further change to make sure that dates of birth for GB-registered temporary proxies can be checked at Northern Ireland Assembly elections, in line with the intended policy. Amendments 157 to 160 are minor amendments to the European Union voting and candidacy rights provisions in Part 2, to remove an unnecessary reference to Northern Irish local councillors in the transitional provisions for officeholders.
In addition, Amendments 5, 6, 10, 11, 15 and 16 are government amendments relating to the Electoral Commission measures in Part 3. This partly answers the noble Baroness’s questions. I was going to answer them later but, since they have come up now, they relate to the change in the committee which is responsible and reflect the parliamentary consequences of the recent machinery of government change, where ministerial responsibility for elections was transferred from the Cabinet Office to the Department for Levelling Up, Housing and Communities.
As a result, the amendments replace PACAC as the statutory consultee on the strategy and policy statement with the Levelling Up, Housing and Communities Committee which will have responsibility henceforth for looking at electoral matters, in line with the machinery of government. This would also align the consultation requirements with the recent change to the membership of the Speaker’s Committee on the Electoral Commission, where the Levelling Up, Housing and Communities Committee chair has replaced the PACAC chair. The noble Baroness and the Committee will know that the chair of that committee is Mr Clive Betts, who is, I say with all sincerity, a very distinguished and experienced Member of the other place. The amendments are technical in nature, as is the move, and does not result in any other changes to the statutory consultation requirements and process.
Amendments 181 to 196, the final government amendments, are to the digital imprint provisions in Part 6. Once again, these are all technical in nature and aimed at ensuring that the provisions deliver the policy as intended. I urge noble Lords to support these technical and necessary amendments—I apologise if I have missed citing any in my speech—and I beg to move.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, on this occasion, I have a lot of sympathy with the Minister. As I understand it, these amendments have been tabled because of the consultation that has taken place since the original drafting of the Bill. I commend the Government for the process—I will come to substance of it—and I have sympathy with him.
However, in dealing with this, the Minister has the support of an excellent team—I see the Bill Committee officials here—whereas my noble friends on the opposition Front Bench have, in comparison, a very limited group of people helping them; they are limited in number—I had better make that clear—but able in every way. That makes it difficult to deal with such a complex Bill. However, I ask the Minister to think of the problems of Back-Bench Members, who have no help whatsoever. We have a huge volume of legislation to consider at the moment, not only this Bill, which is big enough in itself, but so many others, and this does create problems for us.
I would have liked to have spent more time discussing these amendments, particularly as they relate to Scotland and Wales. I was a great advocate of devolution in Scotland—and subsequently in Wales—and strongly supported giving more power to the Scottish Parliament. I served as a Member of the Scottish Parliament for four years, so I know the kind of work that is done there. Some of it was very effective, although it is less effective now under the SNP—much less effective than it used to be in the joint Labour-Liberal Democrat Administration. I wonder if all the differences that are now demanded by the current Administration in Edinburgh are genuinely sensible or just for the sake of being different in Scotland. I sometimes think that they just want to be different for the sake of it. I would like the Minister to reassure us that this is not the case in any of these amendments, because what difference is there?
In relation to voting at elections in Scotland and England, people move quite a lot from Scotland to England, so in one year they may vote in Edinburgh and the next year they may vote in London. Therefore, some degree of consistency has an advantage. The only difference that I know of at the moment is the voting age in Scotland, which is 16 for Scottish Parliament elections, but apart from that I think that the procedures are fairly similar. Can the Minister assure us that each of these amendments—as I say, I have not had the time, opportunity and support to be able to go through them one by one—is a genuine, excepted difference? Or has the Minister had his arm twisted and, wanting to keep the SNP Administration quiet, has he just agreed to do what they suggest?
Baroness Humphreys (LD)
My Lords, I wish to speak to those amendments in this group which deal with the consequences of the Welsh Government’s refusal to grant legislative consent to this Bill—primarily, Amendments 1 and 2, and others. The Welsh Government’s refusal results, of course, in the removal from the Bill of all aspects which relate to devolved elections. I am pleased to welcome these amendments, but I must say that the pleasure is tempered by the sympathy that I feel for my English colleagues, who will have to contend with some aspects of this Bill which they, and I, find very difficult to accept, and which go against the principles which govern free and fair elections in the UK.
At Second Reading, I spoke against the moves to neuter or control the Electoral Commission by the introduction of a strategy and policy statement, which your Lordships’ Committee has just dealt with. I also spoke of the deep disappointment felt in the Senedd at the way in which the UK Government was prepared to overlook or ignore the role of the Llywydd’s Committee, and its role in holding the Electoral Commission to account on behalf of the Senedd itself.
The refusal of the Welsh Government to give legislative consent to this Bill has resulted in Amendment 1, which excludes the Electoral Commission’s devolved Scottish and Welsh functions from inclusion in a statement, and Amendment 2, which defines the elections to which the functions relate, thereby securing the status quo for the commission in Wales. The refusal also has the effect that, in devolved Welsh elections, there will be no need for voter ID, no new constraints on postal or proxy voting and no extension of the overseas franchise.
Lord Hayward (Con)
My Lords, I have one question of clarification to ask my noble friend. During his introduction, he referred to the change of structure of government and therefore the change of structure of committees in the other place, and their responsibilities for dealing with electoral matters. Given that the Government have a habit of restructuring virtually everything virtually every year, whichever party is in power, can I seek clarification that these amendments are future-proofed—in other words, that we are not writing into the Bill the name of a committee that may not exist in one or two or three years’ time?
Lord Lipsey (Lab)
My Lords, I will briefly make a point about these proceedings. As I understood it, when we debated the amendments in the name of the noble Baroness, Lady Meacher, the Minister said, “We should not have these general arguments; we should be focusing on the specific amendments.” In a corner, as he was, I can see that that was the best sort of argument available to him. Now we have nearly 100 amendments which change the law of this nation, and how much time did the Minister devote to each of them? It was six seconds. This is not a detailed examination of a Bill; it is a Minister who thinks that whatever he happens to want—I am sure that most of these amendments are completely acceptable—should go through without proper debate, consideration and deliberation by this House.
I say that both as a protest and as something that I hope the House will carry forward in its future deliberations on the Bill. It cannot be done at the kind of speed whereby 100 amendments are considered in one grouping. It will not be done, and we will stop it being done.
Lord Stunell (LD)
My Lords, I will speak very briefly to this amendment. I seem to have used my time allocation earlier—I apologise to the Minister for wasting his time. However, as the noble Lord, Lord Lipsey, and my noble friend just pointed out—the Minister probably cannot hear me with my mask on, so I am sorry about that as well—it is six seconds per amendment against 13 per amendment on my part. I apologise for that.
I will pick up on a couple of things. The Minister expressed regret that Scotland and Wales had opted out of the application of Clause 14 in those two nations. He will understand that I think they have shown the utmost common sense in doing so, and I do not think it is a cause for regret at all. I certainly support what my noble friend Lady Humphreys had to say about that.
I will bring the Minister back to the fig leaf of consultation in new Section 4A in Clause 14. I said before that of the five bodies, four were completely hostile and one other was captured by the Cabinet. There is now a proposal here which means that one of those—PACAC—is captured by the Select Committee for the Department of Levelling Up Housing and Communities, and that Secretary of State will be making the strategy statement: that is something else that has got worse as a consequence of that.
I put back into play the point I made before, that if Scotland and Wales are not going to be part of new Section 4A and if PACAC is going to be neutered and transformed, it might be time to add the CSPL as one of those bodies which should be statutorily consulted as the creator and, up till now, the recommender of progress and developments on that Electoral Commission body. I would have thought that some voice for local government in that consultation should be statutory there, of course only for England, because Scotland and Wales have sensibly opted out.
We shall not oppose these amendments but we believe that the direction of travel on this suggests even more reasons for reforming the application of Clause 14 when we get to that debate.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for his introduction. Clearly, these amendments are technical and we agree with noble Lords that they are required.
I agree with my noble friends Lord Lipsey and Lord Foulkes that this enormous number of amendments was chucked at us in one go, with very little time to look at the detail, not just of what they say but of what the implications are. Noble Lords made an extremely important point about that. That has happened with other Bills as well. In debates on the Building Safety Bill, which I have also been working on, an enormous number—38 pages—of amendments were given to us with a very short time to assess them. Can the Minister take that away and think about it for future legislation? It is difficult for noble Lords to assess such amendments in a reasonable fashion.
We need to look at why the amendments are necessary. Clearly, as noble Lords have explained, it is to do with the devolved Administrations. When the Bill was originally proposed, it was for legislating on a UK-wide basis, and that included some areas where the devolved Parliaments in Scotland and Wales could legislate in respect of their own local and devolved elections. Clearly, the Government had to seek legislative consent Motions from the devolved Parliaments. Unfortunately for the UK Government, the Governments of Scotland and Wales both declined to lay consent Motions and requested that all aspects which relate to devolved matters be removed from the Bill, hence the large number of amendments.
I will just draw the attention of the Committee to the fact that, out of more than 350 legislative consent Motions, consent has been denied just 13 times, according to the Institute for Government. UK Bills have been redrafted previously when devolved Administration consent has been withheld under the Sewel convention. Can the Minister say why that option was not considered? Perhaps it was considered and we do not know about that, but it was rejected.
The Government have said that they were disappointed by the move—the Minister used the word “regrettable”—but said that they would respect this request by preparing the necessary amendments to the Bill, which is why we have so many before us in this group. I thank the Minister for apologising for this to the Committee—I appreciate that, as I am sure other noble Lords do.
I want to look at why the Welsh and Scottish Governments did not agree with the Bill. As the Government did not redraft it following the concerns raised but instead decided to plough on regardless, it is important to draw this to the attention of the Committee to fully understand the implications of many of its proposals.
In the Welsh Government, the Elections Bill was scrutinised by two Senedd committees: the Legislation, Justice and Constitution Committee, and the Local Government and Housing Committee. I commend the noble Baroness, Lady Humphreys, on her excellent speech about disappointment in Wales over the Government’s behaviour around the Bill, particularly because they completely refused to listen to the findings of the Llywydd’s Committee.
The Local Government and Housing Committee report agreed with the Welsh Government’s memorandum that consent should not be granted, saying:
“The majority of the Committee believe any proposals to legislate on these devolved matters should be brought forward by the Welsh Government and subject to full scrutiny by the Senedd.”
The Legislation, Justice and Constitution Committee also expressed concern at the lack of engagement between the UK Government and the Welsh Government. Can the Minister say why there was a lack of engagement —what went wrong with that process?
In addition, the committee agreed with the Welsh Government that some of the reserved measures would have a considerable impact on electoral administrators in Wales, particularly around voter ID. The same will happen in England. It highlighted the potential for voter and candidate confusion and complexity for electoral administrators if devolved elections happen close together or on the same day as a reserved election, as happened in May 2021. This could lead to a situation where postal and proxy voting rules were different and voter ID requirements in polling stations were different for polls happening together. My noble friend Lord Foulkes talked about the importance of consistency. Diversion will only cause confusion.
On voter ID, the committee also cited Electoral Reform Society Cymru concerns about poll clerks becoming
“bouncers at the ballot box”
and being required to turn away
“potentially thousands of would-be voters each election.”
Concerns have also been raised by Jess Blair, director of the Electoral Reform Society Cymru, who said that the Elections Bill makes
“sweeping changes to our democracy.”
She said that
“it looks like UK ministers have barely engaged with Wales or Scotland so far. This bill is being swiftly rammed through with little consultation”.
That echoes the concerns expressed already in your Lordships’ House. She continued:
“Moreover, the changes to the Electoral Commission represent a UK government power grab, with ministers given new controls over our elections watchdog. This is a dangerous and unprecedented move that the Welsh Government is right to oppose. This Elections Bill could lead to a ‘two tier franchise’ in Wales, with some elections banning those without ID, and others remaining open and free. Both the Welsh Parliament and Holyrood should use their powers to pause this power-grab bill, and secure changes to protect the right to vote.”
So they have done.
Lord True (Con)
My Lords, I thank all those who have spoken in the debate. Perhaps I am allowed occasionally to speak as an individual from the Dispatch Box as well as a Minister, and I have not changed a view that I held as Back-Bencher, which is that the minimum number of amendments is desirable and that all Governments should seek to get Bills into the best possible condition before they come before your Lordships’ House. That is desirable, and I made an apology at the outset.
As the noble Baroness, Lady Humphreys, and others pointed out, a significant number of the amendments arise from our decision to respect the recommendations of the Senedd and the decision of the Scottish Government. We believe that some of the issues concerned are important and that we should proceed to legislate, but, as I said in my opening remarks, we intend to continue discussions with the Scottish and Welsh Governments and would be interested to see how they proceed. We have welcomed the indication that they are considering legislating comparably in a number of areas covered.
The noble Lord, Lord Foulkes, asked whether there were areas where we were deferring to the Scottish nationalists. I would not put it that way. Some of the areas were where there was a disagreement. Your Lordships have already indicated that you might also disagree with Her Majesty’s Government—let us say, on the elements relating to the proposed strategy and policy document, and that is one area covered by these amendments, as the noble Baroness opposite said.
However, one consequence of the withholding of the consent Motion will be that the modernised undue influence offence will apply only to reserved and excepted elections. The Government’s view is that a UK-wide application of the measure would have delivered greater levels of integrity by upholding what we submit in this Bill should be a basic principle: that those guilty of an intimidation offence should not be allowed to stand at any election in the United Kingdom. That is why we sought legislative consent from the Scottish Parliament on those measures. Following these amendments, which we have introduced for the reasons that I have given, and if your Lordships give assent to the legislation, offenders will still face a five-year ban from standing for all elected offices in the UK save for the Scottish Parliament or Scottish local government. In respect of devolution, it will be for the Scottish Government to make the necessary changes themselves to disqualify individuals who are disqualified for such offences in other parts of the UK. Other areas of undue influence, sanctions against intimidation, measures on notional expenditure—referred to by the noble Baroness—and third-party campaigning will apply only to reserved and combined regulated electoral periods.
There will be divergence, and in some cases there is already divergence. There is already some minor divergence, for example, between the current version of the undue influence offence in the 1983 Act and the situation in Scotland. That has not so far caused any confusion, and we do not expect this to be any different. We would expect ambiguities to be straightforward for the courts to resolve.
Obviously, we will continue to watch events. I am not anticipating that the Scottish Government would not wish to legislate in this area, or indeed, as the noble Baroness said, that the Welsh Senedd might not. But we are submitting to Parliament the idea that Parliament should act in respect of things such as undue influence, intimidation and the measures on notional expenditure. We have taken the judgment to proceed—showing respect to the devolved Administrations not by waiting, but by excising and allowing them to make their own decisions and proposals.
The noble Baroness, Lady Hayman, asked me a specific question on a specific matter, which I undertake to write to her about, and to place the letter in the House in the normal way. My noble friend Lord Hayward asked about the designation of the new committee. This is in the legislation, because the effect of one of the amendments before the House is to remove PACAC and put in the other House of Commons committee. Ultimately, if this Bill is not thrown out—as was impishly suggested at the start of our proceedings—it will go back to the other place for it to determine. I shall give way to my noble friend Lord Hayward in a moment.
It surely is the case that if a government department is responsible for an important subject such as elections, the scrutiny should be conducted by the committee of the other place that is responsible for scrutinising that department. As I said, that will be the committee that is being substituted, under the chairmanship of Mr Betts. I give way to my noble friend.
Lord Hayward (Con)
I am sorry if I did not make this clear, but I was asking a question about the future structure of committees, beyond the next change. I think I used the term future-proofing, as it takes into consideration Governments’ habit of changing structures. Is there a part of the Bill that will future-proof structural change, so that when we move on from one select committee having responsibility for overviewing elections matters to another committee having that responsibility, it will not require a change to primary legislation?
Lord True (Con)
My Lords, I have not had advice from the Box on this, and that is always a dangerous place for a Minister to be. However, I try to read carefully what I put before your Lordships’ House, and I think it is provided in proposed new section 4C(8) that,
“If the functions of the Public Administration and Constitutional Affairs Committee at the passing of this Act with respect to electoral matters … become functions of a different committee of the House of Commons, the reference … to that Committee is to be read as a reference to the committee which for the time being has those functions”.
Maybe I am parsing that wrongly. If I am, I will apologise to my noble friend and to the Committee and come back with a better explanation—but sometimes a Minister just has to try his best at the Dispatch Box. Does the noble Lord, Lord Lipsey, want to intervene?
Lord Lipsey (Lab)
My Lords, I am sorry to come back to something the Minister said just before the intervention of the noble Lord, Lord Hayward, but I think the record will show that the Minister said that, when we have passed such amendments as we do, we send them back to the other place for it to determine. I do not think that is the procedure. I thought they came back here, and then we decided whether we accepted them or not. Will the Minister please set the record straight on the procedure?
Lord True (Con)
I think I did set the record straight on the procedure. According to the principle of amity—I have great amity and respect for the noble Lord—I was not going to pick up the fact that he took me to task for saying that someone had spoken for a long time. I did not say that; I said it was an interesting coincidence that a prepared speech was ready at very short notice. I did say to the Committee—I reiterate this, and the noble Lord can give me a few strictures if he sees my departing back—that I would sit through every hour that your Lordships require of me on this Bill.
Lord Lipsey (Lab)
I do not want to take up the Committee’s time on this. Perhaps we could have an exchange of letters.
Lord Foulkes of Cumnock (Lab Co-op)
May I take up the point that the noble Lord, Lord Lipsey, raised earlier? We are now about to agree—or otherwise—more than 100 amendments, after 42 minutes’ debate. Those amendments are vital in Scotland and Wales, as well as in England, and will determine the future of a whole range of aspects of the electoral structure. This is not giving the matter proper consideration. Perhaps in an unguarded moment, the Minister said that he was prepared to spend all the hours necessary to consider such matters, and we need to consider this in more detail on Report. How can we do that, and look at all the aspects relating to elections in Scotland and Wales as well as in England, without just passing them through in well under an hour?
Lord True (Con)
My Lords, the groupings put before your Lordships’ House are agreed through the usual channels. I can only serve the House in the way that has been agreed through those channels. As for the concern expressed by the noble Lord, Lord Lipsey, I have nothing to add to my explanation. If the substitution of PACAC with the new appropriate House of Commons committee is agreed by your Lordships’ House, it will become a Lords amendment to the Bill, and will go back to the House of Commons and be considered by it appropriately. I have nothing further to add.
“(5) For the purposes of subsection (3A)—(a) the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to—(i) Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and(ii) referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament;(b) the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to—(i) general elections of members of Senedd Cymru,(ii) elections held under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies),(iii) local government elections in Wales, and(iv) referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements),so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006.” Member’s explanatory statement
This amendment defines what is meant by the Commission’s “devolved Scottish functions” and “devolved Welsh functions” for the purposes of the new subsection (3A) added to the inserted section 4A of PPERA.
The Earl of Courtown (Con)
My Lords, I beg to move that the House do now resume, and in doing so, I suggest that we do not resume the Committee stage of this Bill until 2.45 pm.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, we have only done two of these amendments.
The Earl of Courtown (Con)
As my noble friend the Minister quietly reminds me, the amendments will be moved in their place on the Marshalled List.
Elections Bill
Thursday 10th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-I(b) Amendments for Committee (Supplementary to the Marshalled List) - (10 Mar 2022)
Lord Collins of Highbury
“(5) This section expires at the end of the period of 12 months beginning with the day on which the Elections Act 2022 is passed.”Member’s explanatory statement
This amendment would prevent a strategy and policy statement more than 12 months after this Act is passed.
Lord Collins of Highbury (Lab)
My Lords, on behalf of my noble friend Lady Hayman, I will speak to this amendment while she searches for her glasses.
These are classic Committee amendments in which we try to probe exactly what lies behind these clauses and in particular the clause that we do not agree with that we debated earlier. It is important to address the question that the noble Lord, Lord Butler, asked: what is the question to which this clause gives an answer? It is not clear, and I hope that we can address that with this amendment and the series in the following group to try to elicit some answers.
I was intrigued by the explanation of the noble Baroness, Lady Noakes, that the statement is about the political environment that the commission operates in. That can change rapidly, not least the closer we get to a general election. Now that we do not have fixed-term Parliaments—not that that really determined when a general election could be held—it is not clear what timetable would be involved in this requirement to produce a statement, which the commission “must” take cognisance of. Let us have some answers from the Minister.
I will repeat the question asked by the noble Lord, Lord Butler: what are we trying to solve here? What is the commission not doing that the Government think it should be doing at the moment? It is not clear. I have not heard a single criticism about the failure of the commission to carry out its statutory functions. I have heard political criticisms. The noble Baroness, Lady Fox, is fortunately not in her place so I will say what I want to say. I am prepared to accept that Parliament agreed to a referendum, and Parliament will abide by the result of that referendum and the Government do so, but I am not in favour of referendums. I am in favour of parliamentary democracy. I know who used referendums a lot: Hitler used referendums to store up his power, and so does Putin. It is important to understand what we are talking about here, which is a body that oversees statutory functions in the conduct of elections.
Therefore, with these probing amendments we are seeking to know—despite the detail of what the clause says—how frequently the Minister thinks these statements will be issued. When will the first be issued? Will it be six months before the next general election? Could it disrupt the way that people, political parties and civil society react to the general election? Let us hear it. How often does the Minister think this should be reviewed? The Bill says that this is something we should expect every five years and that it will fall into the cycle of elections, but our political environment is not as stable as that, so there may be other issues that prompt this. I would like some answers to those questions.
Also, what is the Minister’s expectation for how long it will take to produce the statement and the requirement for consultation? What does he expect between the start of the process and its end? What does he think the implications will be not only for the Electoral Commission but for the political process itself and the way political parties operate? It is really important that we get some answers to those questions.
I turn back to the point the noble Baroness, Lady Noakes, raised. I have been intimately involved with the Electoral Commission, certainly for the three-year period I was general secretary of the Labour Party. One of the innovations I thought was really good was that the Electoral Commission has the experience of people with quite detailed knowledge of the electoral process. It has members who are aware of the way political parties operate. It is not working in isolation; it has that experience.
One of my roles was to nominate somebody to the commission. It has a Member of this House, the noble Lord, Lord Gilbert, who is a friend of mine. Even though we are in opposite parties, we have collaborated in better understanding the rules and regulations that operate on political parties. Sadly, the noble Lord, Lord Gilbert, cannot be here this afternoon but I think all members of the Electoral Commission, even though they are nominated—some of them by political parties—take their responsibilities and independence very seriously. I think if he were here the noble Lord, Lord Gilbert, would explain that that was why he did not sign the letter from the Electoral Commission; he is a Member of this House, and it would perhaps have been inappropriate. But that does not stop him taking his responsibilities on the Electoral Commission seriously.
I do not get it; I really do not get what this is all about. What are the Government trying to correct or do? There are mechanisms now, as we heard in the previous debate, about accountability, the Speaker’s Conference and representations. Of course, just as importantly, political parties nominate to the commission—not just the Conservative Party or the Labour Party, but the Lib Dems and the Scottish nationalists have representation on that body. It is independent representation, but they take their statutory responsibilities seriously.
Let us get some answers if we can, not only to the question of the noble Lord, Lord Butler, but also to when the first statement will be produced. How long will it take? How close will it be to the next general election? What impact will such a statement have on the conduct of that general election? These are vital questions, irrespective of a future debate on whether the clause stands part. We need answers to these questions because they will determine our attitude to whole aspects of this Bill. I beg to move.
Baroness Noakes (Con)
My Lords, the noble Lord, Lord Collins of Highbury, has ranged rather more widely than the contents of the two amendments in this group, but I respect that Committee is an opportunity for probing detailed aspects. I want to speak only to the second amendment about the length of time you would normally expect a statement to exist.
We have to see these as strategic statements; they are about strategies and policies. Too short a timeframe simply would not work. The presumption in the Bill is five years, which is a reasonable medium-term timeframe for giving some stability, with the option for reviews earlier on various grounds listed in the Bill. I support the general concept of five years being a good starting point, recognising that there can be occasions when this has to be revised. But they should not be picked up and looked at every year or in the run-up to an election, because they should be dealing with issues that have a longer duration.
Lord Collins of Highbury (Lab)
Can I just ask the noble Baroness a question? If she looks back over the last 20 years, or even over the period of the Electoral Commission’s existence, what have the gaps between general elections been?
Baroness Noakes (Con)
I do not think that is a relevant question because I do not believe the statement is going to be used to try to fine-tune what is done in relation to any particular election. It will be about more strategic things like getting more participation from certain groups in the democratic process and those sorts of issues.
Lord Collins of Highbury (Lab)
I am sorry to interrupt but I think this is an important dialogue to have. We bandy around the words, “strategy” and “long-term strategy” but what we have not had from the Government—though the noble Baroness has attempted to give us an answer—is the answer to: what is behind this clause on this statement? Why do we need this statement?
I agree with the noble Baroness that one of the important things, and what this Bill should be about, is how we increase participation. The noble Lord, Lord Hodgson, is unfortunately not here, but this Bill should be about what we do to increase participation in our democratic process. How do we ensure that more people are able to participate and what do we do to take down the barriers that inhibit participation? If the noble Baroness is saying that this statement will be about that, why are those things not in the Bill?
Baroness Noakes (Con)
I am going to let my noble friend the Minister answer all this in detail because I am not a government spokesman on this. I was merely offering my opinion on the timeframe. When we get to the stand part debate, I am going to offer some other opinions about why these statements are useful in the context of regulators.
My concern is to see that these statements are strategic in nature and that means not short term in nature. They should be seen in that context. The timeframe of five years is fine for that, but I am going to leave my noble friend the Minister to respond in more detail to the broader questions that the noble Lord has asked.
Lord Rennard (LD)
My Lords, these amendments may lead to some mitigation of the effects of the Government taking control of the strategy and policy of the Electoral Commission if the Bill is passed in its present form. If Clauses 14 and 15 are not taken out of the Bill, as they should be, we can still limit some of the damage by preventing the party in power continually changing the statement in accordance with its own interests.
Amendment 3 would not allow a new statement 12 months after the Act is passed, while Amendment 13 tests how often the Government might seek to change such a statement. As the noble Lord, Lord Collins, pointed out, the amendments probe the Government’s intention in relation to the timings and processes of the proposed strategy and policy statement to which the Electoral Commission will be subject. The governing party appears to want to emasculate the role of the independent watchdog.
Lord Butler of Brockwell (CB)
My Lords, since the Minister will no doubt address the question that the noble Lord, Lord Collins, raised, perhaps I may just add a supplementary. In addition to asking what problem Clauses 14 and 15 address, why is a strategy and policy statement thought the necessary solution to it?
Lord Kerslake (CB)
My Lords, may I add a further supplementary question? In the Written Ministerial Statement, the Minister in the other place, Chloe Smith, said:
“In recent years, some across the House have lost confidence in the work of the Commission”.—[Official Report, Commons, 17/6/21; col. 11WS.]
Perhaps the Minister can tell us whether that is the view of some across the House of Commons or of the Government? Is this change about an issue of confidence or is it something different?
Lord Scriven (LD)
My Lords, it is interesting to follow the comments of the noble Baroness, Lady Noakes, who says that this is a strategic statement that is there for five years and not for revision. If we look at page 24 of the Bill, new Section 4E says that there is a power to revise the statement and that the Secretary of State may revise the statement at any time. It goes on further to say that:
“The power under subsection (1) may be exercised … on the Secretary of State’s own initiative”.
If this is a strategic statement, it then goes on to say about revision on page 25 under new Section 4E(4):
“The Secretary of State may determine in a particular case that section 4C(2) (consultation requirements) does not apply in relation to the revised statement.”
The view of the noble Baroness, Lady Noakes, is that this is a five-year strategy where the Secretary of State does not want to intervene because it is about the long-term view of the commission. But the Secretary of State can solely decide that not only are they going to revise but that no consultation is needed. May I ask the Minister under what circumstances and for what purpose would the Secretary of State wish to revise the strategy and policy statement? Under what circumstances would the Secretary of State deem it inappropriate to consult on the new statement, particularly if we follow the view of the noble Baroness, Lady Noakes, that this is a strategic view where the Secretary of State does not need to get involved on day-to-day issues because the strategic direction is set for five years? Why have the revision policy and, particularly, why can the Secretary of State determine alone to change the statement without consultation?
Baroness Noakes (Con)
My Lords, if I may respond to that, I was careful to say that it a broad presumption of five years and that the Bill allows for other opportunities, which I am sure my noble friend the Minister will explain. The noble Lord failed to deal with the fact that the revision can be considered at the request of the commission as well—it is not just a one-way street—and that is provided for in new Section 4E.
Lord Scriven (LD)
If noble Lords will allow me, the point I was raising was the basis on which the noble Baroness said that it was a strategic five-year statement and therefore the noble Lord, Lord Collins, had got the concept wrong. If it is a five-year statement that gives a long-term vision for the commission, the Secretary of State should not have sole power to revise without consultation. That is the point that I was making. It is in the Bill.
Baroness Hayman of Ullock (Lab)
My Lords, on consultation, may I just come back to the Government’s response to the committee’s fifth report, which I read out earlier? They said that suggestions to set minimum timeframes for consultation were disproportionate and unnecessarily burdensome. This is just not good practice. We must have proper consultation when we are looking at anything that changes our governance procedures.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am grateful to the noble Lord opposite for tabling these amendments. Let me say that it is entirely proper, legitimate and normal to table probing amendments. There is a limit to which probes will get answers because I am not going to be led into hypothetical sets of circumstances.
We all know that electoral law and practice evolves over time and things happen that are inconceivable at the time we may happen to legislate. Who would have conceived, for example, of the practices seen in Tower Hamlets in those local elections? We have collectively—I think there will be agreement across the House on this—moved to adapt the law and our practices and to respond to change. It is reasonable that there should be some flexibility. I do not wish to get into a detailed challenge—
Lord Collins of Highbury (Lab)
I was intimately involved in Tower Hamlets. I was general secretary and suspended the mayor from membership of the party at the time. Can the Minister answer the specific question? The law at the time dealt with abuses in Tower Hamlets; in what way will this statement address any inadequacies? I am not even sure that there were inadequacies in the law because it was able to address the problems in Tower Hamlets.
Lord True (Con)
My Lords, I hope the statement and some of the things that the Government suggest might be in it will be considered unexceptionable when we come to it. I hope people will examine it. I was venturing some response to the question of why anyone should consider that anything needed to be said to the Electoral Commission. I was about to preface it—before the noble Lord quite reasonably got up—by saying that I did not want to get into any kind of generalised criticism of the Electoral Commission because one respects its independence and its role.
Since I have mentioned Tower Hamlets, this was a case where the Electoral Commission did not act in a particularly appropriate way. It did not check that the Tower Hamlets First party even had a bank account. It did nothing to tackle the activities of the corrupt mayor. Election judge Mawrey noted in the Tower Hamlets case:
“It can be said that because the Commission rubber-stamped the application for registration it may be inferred that the Commission was satisfied. All one may say, with the greatest of respect for the Commission, that the enquiries into the structures of”—
Tower Hamlets First—
“cannot have been excessively rigorous.”
The election judge was critical in that case.
I am sure that the Electoral Commission has learned lessons from that, and one would hope that this would be the case, and I do not make any imputation or reference to existing members of the Electoral Commission. The Committee on Standards in Public Life said in its report,
“In the course of gathering evidence”—
and this is not me or the Government, this is the committee—
“we heard some affecting personal stories of a small number of MPs and campaigners who have been regulated by the Electoral Commission. Their experiences were clearly extremely difficult and stressful – both personally and professionally – and we think there are changes that can be made to improve the way the Electoral Commission approaches its role.”
We may have differences about how we should proceed in a set of circumstances but, if I am asked if there is any evidence that in the past perhaps not everything was perfect in that world—well, I have just given two examples that are not from the Government. One is from a judge, and the other is from the Committee on Standards in Public Life.
Lord Collins of Highbury (Lab)
May I interrupt again? The Minister jumps from the specific to the general and keeps saying that this statement is going to be innocuous. The noble Baroness, Lady Noakes, says it is going to be about five-year plans and longer-term strategies, and then the Minister talks about specific illegal acts and the failure to address some of them. We are jumping around. If there are problems—and this is why I jumped up before—particularly on postal votes, let us put in laws to address them. But we are not talking about new laws and new regulations; we are talking about how the Electoral Commission operates within its statutory functions, and the Government now want to interfere in that. This is the issue that concerns everyone. The Minister jumps from broad, innocuous strategy to specific regulation—very dangerous.
Lord Stunell (LD)
I appreciate the Minister giving way. I hope that his response will include a little more about what the Committee on Standards in Public Life recommended as the solution to the problem that the Minister quite rightly drew to our attention, because the solution recommended by the committee to the Government is not included in the Bill, and the solution brought forward by the Government is condemned by the committee.
Lord True (Con)
I was answering the question I was asked in Committee; I was asked in a supplementary question, and then in another, to give an example of where there has been a complaint about the Electoral Commission, so I tried to serve the Committee by giving two answers. Perhaps that was ill-advised, but I am happy for them to stand on the record. I did say that we would be discussing on this legislation what the appropriate response is. We think that the measures that the Government have put forward, and we will debate this shortly, are proportionate and reasonable, and they are not a direction. When we see what is contained therein, they neither constrain the role of the Electoral Commission, nor direct it.
The Government oppose these amendments. Amendment 3 proposes that the power to designate a statement expires after 12 months of the Act being passed. It is unclear if the intention is that the initial statement should be designated within 12 months or that no statement should be enforced after 12 months. If the limitation is intended to attach to the initial statement, the Government’s view would be that it would add unnecessary pressure to the timetable and could curtail the amount of time afforded to the consultation.
I cannot anticipate the length for production—I was asked that, and I do not think I can respond in writing on this, because it is provisional, in a sense. Parliament has to agree the concept first, then the consultation has to proceed. It does say within the Bill that, in a subsequent review, the review period would be nine months; that is what is envisaged in the case of a review, but in saying that I am not making any commitment on progress, should Parliament agree to these procedures. I am not in a position to do so. If the statement, as drafted, prevents any further statement or revision beyond the initial 12-month period, we could not accept that, because we believe that it is important that, subsequent to any additional statement that Parliament may agree, the Government of the day and the Secretary of State should have the power to make changes and to review to ensure that it remains up to date with any emerging concerns.
Lord Collins of Highbury (Lab)
Before the noble Lord sits down, I wish to say that one of the issues that I raised, and why these probing amendments are there, is to ask not only how quickly and regularly the report will be produced, but what the implications are of a report being produced very close to a general election. Does the Minister think that there are any implications to that, and that it may impact on the political process, particularly how political parties operate?
Lord True (Con)
When one looks at the areas which are covered in the indicative proposals, I do not think that there are things that would seriously affect the conduct of elections. The Government submit that these are matters which, in the current circumstances, would be of ongoing importance—improving accessibility, increasing participation, combatting foreign interference in UK elections and improving transparency.
Lord Collins of Highbury (Lab)
Just on that last point—I keep interrupting, but this is Committee and I think it is important that we get clear answers—if a strategy paper said it is okay to take money from Russian donors, would that not have an implication for a general election? Would it not impact on certain political parties? Maybe even look at its reverse: perhaps certain money from trade unions should not be accepted. The funding of political parties is a critical issue and, if it is in this indicative statement, it will have huge implications for a general election.
Lord True (Con)
The permissibility of donations is a matter of the law of the land, and we will be considering the law on political donations later. As the noble Lord will see, the issue is publishing clear and easily accessible information about spending and donations, which is a job done by the Electoral Commission, but it would probably be prudent to look at foreign interference at this time. I think that would be supported across the House. I give you that as an illustrative example.
Lord Scriven (LD)
Before the Minister sits down, I must press him further to answer the two questions that I asked. First, this is a strategic document: what would a Minister require, on his or her own initiative, to change a strategy? Because a strategy is there for the long term. It is not about day-to-day issues. Regardless of what happens, you keep to your strategy—that is one of the key issues of leadership. Could the Minister give the Committee examples of something, rather than general “unforeseen circumstances”, that might happen that would require a Minister to intervene to change a strategy?
Secondly, the Minister did not answer my question about why they would wish to do that under new Section 4E(4) without any consultation.
Lord True (Con)
My Lords, the Government are setting out a structure in which there would be a regular review. As I outlined, I am not in a position to answer hypothetical questions about a future that might arise. I did say that things have arisen that require a response, and which I am hoping to persuade Parliament in the course of this Bill, following the Pickles report, that we should respond to. Such things might occur in the future, but the structure and timing the Government are setting out are those set out in the Bill. I am not going to be led into hypothetical consideration of what might or might not happen in the future.
Lord Scriven (LD)
Could the noble Lord answer the second point: why, regardless of any change, would you wish to change something without any consultation? That is a key issue. What would stop consultation taking place on an issue that a Minister decided to change in a strategy?
Lord True (Con)
My Lords, I am sure that any Government’s preferred position would be to consult, but the Government believe there is a need for a contingent power here. If noble Lords object to that, no doubt they will lay down amendments.
Lord Collins of Highbury (Lab)
My Lords, this has been an extremely useful exercise. Rather than answers, we have more questions, which I think we will pursue in later debates in terms of not only clause stand part, but some of the other elements of the Bill we need to address. Certainly, if we end up on Report with this clause still in place, we will need to come back with strict and clear amendments, particularly on the fundamental issue of consultation. Despite a very useful debate, I beg leave to withdraw the amendment.
Lord Collins of Highbury
“(5) A statement designated under this section must not be published until a draft statement has been approved by a resolution of each House of Parliament.”Member’s explanatory statement
This probing amendment would mean that a draft strategy and policy statement must be approved by both Houses of Parliament.
Lord Collins of Highbury (Lab)
It is me again. Here, we are trying to better understand what the Minister means when he repeats reassuring paragraphs, not least, “This is not the Government imposing on the Electoral Commission; this statement will be subject to Parliament, and there will be consultation”—although, there will be circumstances where there will not be consultation, which is even more worrying.
We are trying to probe exactly how engagement and approval of both Houses of Parliament will work. This is important, because in the other place the majority rules, which means there is sometimes a lack of scrutiny and attention to detail. The Government have a majority and the Executive, if they take an opinion, try to force their view through the House of Commons, naturally, by the function of the majority party. So, scrutiny gets squeezed. This was one of the interesting things about the scrutiny the Commons did on this Bill in Committee. It was done in two and half hours. There were some really important clauses on funding that got no consideration at all, which is why the role of this unelected House—again, the noble Baroness, Lady Fox, is not in her place—is so vital. Our job is to scrutinise, to ensure that when legislation is passed by the majority in the other place, it is fit for purpose, does what it is intended to do and does not have other implications.
These probing amendments try to push the Government into giving clearer answers about how Parliament is going to engage in the process of this statement. We are also seeking a clear position on the role of this House in scrutinising and ensuring that the majority party of the Executive is not able to force things through, which can have huge implications. I was going to say it can have huge implications for the Opposition parties, but of course, it may also do so for the majority of the votes cast in our democratic process.
I come back to the fundamental point that many noble Lords have mentioned. Changes to our electoral system should be made by consent and in a way that all political parties can accept—these are the rules, and we are all going to follow them and abide by them. As soon as an Executive start pushing things through that favour their party and cause damage to the other parties, that is a very dangerous road to go down. We are trying to ensure through these amendments that changes in statements are not just written and approved by the Executive and forced through by the Whips of their party, but are subject to proper involvement, engagement, consultation and approval by Parliament, because we are a parliamentary democracy. I beg to move.
Baroness Noakes (Con)
My Lords, I am going to start by banking an agreement with the noble Lord, Lord Collins of Highbury. I completely agree, as I think the whole House does, that the quality of scrutiny in the other place underlines the importance of what happens in your Lordships’ House. Having banked that, I could not understand why these amendments have been tabled. Amendment 4 asks for the strategic and policy statement to be approved in draft by each House—but that is exactly what proposed new Section 4C calls for. It calls for the Secretary of State to lay a draft before Parliament that cannot be designated until it has been approved by each House of Parliament. These are standard procedures in each House, including, importantly, your Lordships’ House. I understand why the noble Lord might want to seek a way of saying that we want more than the normal procedures that apply to secondary legislation, but these amendments do not get any closer to that. They simply duplicate in a different place what is already in the Bill, both for the initial statement and for the revised statements.
Lord Collins of Highbury (Lab)
I accept the point the noble Baroness is making, but I think everyone in the House is always concerned about the way in which secondary legislation is implemented. Even though we have the opportunity to scrutinise it, it is extremely difficult ever to change it; and although we have certain powers in secondary legislation, it is not clear that they will apply to this statement. I am not very keen on using fatal motions, for example. Is that going to be an opportunity for this House? That is why we are asking these questions. These are probing amendments that do not simply say that this is the position we want to see. However, the principle of proper parliamentary engagement is one we want to ensure, and doing so might mitigate some of the aspects of this proposal.
Baroness Noakes (Con)
I completely understand that point, but the noble Lord is raising something much broader, which goes beyond the existing procedures we have for handling secondary legislation. I agree with the noble Lord that we should have a full and proper debate about whether there should be alternatives to the nuclear option. However, that is not a debate for this Bill.
Baroness Jones of Moulsecoomb (GP)
My Lords, we can all agree that the Government are constantly overreaching themselves and trying to accrue more and more powers. It is perfectly acceptable to try to ensure that the Government do not do so in this case. The Electoral Commission must be independent of both the Government and Parliament. This is a way to avoid any sort of conflict of interest for all MPs and, at times, for us. While we normally support any efforts to subject decisions to parliamentary scrutiny, it would be a false solution in this case. The strategy and policy statement must be removed from the Bill absolutely and entirely, rather than simply adding Parliament’s conflict of interest to that of the Government. We heard from noble Lords earlier who said, “Let’s get rid of the Bill”. Let us get rid of as much as we can on the way.
Lord Stunell (LD)
My Lords, the merits of the amendment are secondary to the replies that the Minister gave on the previous group of amendments. I thought that he might like a second go when responding to this group. I sum up the Minister’s defence of the strategy statement as standing on two legs. The first leg is that it is vital to the proper conduct of future elections that the Electoral Commission has a government-sponsored strategy statement in its toolbox. The second is that any strategy statement which this Government could devise would be so bland, inoffensive and harmless that it would make no practical difference to the way in which elections are conducted. That was a phrase the Minister used in his reply to the noble Lord, Lord Collins, in the previous group. Would the Minister like to have a go at seeing which of those two legs he wants to stand on when replying to this group?
Perhaps he could also scoop up the third argument he deployed: that flexibility is essential and speed may sometimes be needed, and this would justify missing out any consultation. He further said that every Government would want to see consultation take place. I can think of quite a few Governments who very much did not want consultation to take place. It is very commonly the job of Oppositions to remind Governments that consultation is a necessary preliminary to getting good legislation. I am delighted if, somehow, he has been taken in by the idea that every Government would want to see consultation. However, I would remind him that even during the coalition’s time—when I saw behind the scenery slightly more than I was expecting—it was a constant fight within departments for my colleagues and I to persuade his colleagues that consulting properly before legislating would be a good step forward. I hope he will be able to reconcile his two conflicting arguments about why we need it, while tackling and giving a response to the circumstances in which avoiding consultation might be—at least in some way—justified, rather than simply for the convenience of a Government at the time.
Baroness Hayman of Ullock (Lab)
My Lords, just on that point on consultation, I suggest that the Minister, when he responds, thinks of the expression “more haste, less speed”. Rushing things through without proper consultation can lead only to difficulties and the issue being revisited at a later date.
Lord True (Con)
My Lords, we had a debate on the previous group. Despite the beguiling invitation of the noble Lord, Lord Stunell, I am not going to rehash that debate. I am certainly not going to accept advice from those Benches on how many legs I should stand on at one particular time. They often seem to have about five or six legs, in my campaigning experience.
The Government oppose these amendments. I understand that they are probing, but I can reassure the noble Lord that we do not consider them necessary because, under the Bill as we propose it, the approval of Parliament—the whole of Parliament, both Houses—is required when a statement is created or whenever it might be revised. That is, as my noble friend Lady Noakes said, there in the Bill. That will ensure that the Government consider its views and then gives Parliament the final say over whether a statement takes effect.
This measure, in our judgment, will improve the accountability of the commission to the UK Parliament and ensure that Parliament, in the last resort, remains firmly in control of approving any statement. That is why the Government have proposed the affirmative procedure in the Bill for the approval of a new or revised statement and I can certainly confirm for the noble Lord that any statement must be approved by both Houses, including your Lordships’ House, before it can be designated. Therefore, we think these amendments are unnecessary.
Lord Beith (LD)
The Minister is relying so strongly on the case that Parliament would have final control over whether the statement was acceptable, he must be assuming that each House has the capacity to turn down and reject the statement. Can we take it that he will not, in those circumstances, say that it is somehow unconstitutional for this House to say that the statement is in defiance of the principles of democracy and damaging to our electoral system?
Lord True (Con)
My Lords, again, I am not going to be led into a wide and potentially very interesting debate on how your Lordships would behave in regard to any legislation, including primary legislation. I draw attention to what is before the Committee, which is that your Lordships would have to pass an affirmative resolution, and that does give your Lordships a power in law.
Lord Collins of Highbury (Lab)
The question has been asked better than I was trying to put it. The noble Baroness, Lady Noakes, acknowledged that in this House we are extremely reluctant to use the nuclear option, because we are not elected; the elected House has primacy. But we are not talking about legislation in the normal sense of the word—we are talking about a strategy statement that will influence the operation of a body that oversees the conduct of our elections, which could be issued quite close to a general election and might impede the operation of political parties. Constitutionally, I am always very reluctant for this unelected House to challenge the elected House on legislation, but I think we need to be clear and the Minister has to answer this question. This is very different and that is why we are so concerned about it: it concerns the way our general elections are conducted. If this House thinks that a statement is going to impinge on the way our political parties are able to operate, does the Minister agree that we should have the authority to reject it?
Lord True (Con)
My Lords, the noble Lord confuses various things. The constitutional position is as I set out. With the greatest respect, I say to him that the precise proposition that he has put before the Committee in this amendment is that the House should have the opportunity to reject. I do not know about standing on various legs, but he is logically opposing his own amendment. For our part, we think—
Lord Collins of Highbury (Lab)
Let us be clear about this. We have had the Leader of this House challenge this House when it has simply sent something back, let alone rejected it. Then we have a Prime Minister who says, “Well, we’re going to put loads more Peers in the House.” This is a separate issue. It is not a constitutional issue about the rights of the House of Commons; it is about a strategy statement for the Electoral Commission, which has statutory duties to be independent. I can see circumstances where a statement is produced, maybe even as close as four months prior to a general election, that could have severe implications for the conduct of political parties in that election. In those circumstances, even though I am in general against this House rejecting the democratic will of the House of Commons, this Bill imposes a duty on this House to consider whether it needs to operate the powers that it has.
Lord True (Con)
I note what the noble Lord opposite says. I believe that I have set out the correct constitutional position. If he wishes to persuade your Lordships’ House to act differently from the way it normally operates, it is up to him to make that argument and it is his privilege at the time, but that is not the argument before the Committee. I do not believe that the statement or the illustrative example of a statement justifies the kind of language which has been used about it today. We will have a debate on clause stand part shortly, but since the effect of the amendment is simply to replicate what is already in the Bill, I urge the noble Lord to withdraw it.
Lord Stunell (LD)
On a straight point of information, if an emergency statement is produced without consultation, can the Minister give us an assurance that it will itself come before both Houses of Parliament or will it bypass that process as well?
Lord True (Con)
My Lords, any statement has to be treated in the light in which Parliament enacts statements to be approved, and that is by affirmative resolution.
Lord Collins of Highbury (Lab)
Once again, my Lords, the debate has generated more areas of concern than it has put at ease. Undoubtedly, we will need to think about coming back to some of these issues, whatever happens in the debate on whether the clause should stand part. At this stage, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment reflects a recent change in Select Committee arrangements in the House of Commons.
Member’s explanatory statement
This amendment is consequential on the amendments in Lord True’s name relating to the inserted section 4A of PPERA.
Lord Collins of Highbury
“(f) civil society groups.”Member’s explanatory statement
This amendment would mean that the Secretary of State must consult civil society groups on the draft of the strategy and policy statement.
Lord Collins of Highbury (Lab)
I want to preface my remarks about these amendments, because they relate to a fundamental ingredient of our democratic life and our democratic society. I have often spoken in my role as shadow Minister for Foreign Affairs about the importance of civil society. The noble Lord, Lord Ahmad, who has responsibility for human rights, frequently hears this and responds incredibly positively. There are many societies and countries where the guarantors of human rights are not Parliaments and parliamentarians but civil society, faith groups, women’s groups and trade unions. They are the important ingredients of a thriving democratic society. If we take them away, we do not have such a society; we end up with a society where elections may be held every five years but with a president like President Putin. These are the things that we have to be concerned about.
Baroness Barker (LD)
My Lords, I have the great privilege of being a member of the Select Committee chaired by the noble Lord, Lord Hodgson of Astley Abbotts, which considered citizenship and civic engagement in 2018 and has recently reconvened to look at the matter again. Largely with that in mind, I support Amendment 7, in particular. Bad as this Bill is in many ways, we have to treat it from the standpoint that, somehow, it could be a mechanism to improve representation, participation and the understanding of the electoral process by wider society.
The reason why it is important that civil society organisations be evidently included is that they do something unique. They represent people who are not in Parliament—all sorts of diverse and minority communities: precisely the people who are not engaged, and consequently not represented. We have already begun to see the beneficial effects of the Government talking to civic society organisations in the preparation of the Bill. I would make a case similar to that which the noble Lord, Lord Collins, made for trade unions, and say that we should be unafraid of including those groups in the development of the statement for the Electoral Commission.
One group of civil society organisations that we might think about are those concerned with citizenship, such as Young Citizens or the Association for Citizenship Teaching, organisations which exist with the primary purpose of improving the knowledge of future generations and their engagement and involvement in the electoral process. That is a thoroughly commendable thing and by including it in this Bill, we would not be doing anything that would in any way inhibit the Secretary of State or damage the process. This would be a small but valuable addition to the Bill.
Lord True (Con)
My Lords, I always have some empathy with the noble Lord opposite, who I greatly respect, when he speaks of Labour tradition, the tradition of working people and social traditions. My mother’s grandfather and his family were brought up in Salford and teeming parts of Manchester, and the education they had that led them to improve their lives and secure some degree of prosperity came through the mechanics’ institutes and institutions created by civil society with a good social instinct. So I understand what the noble Lord says and how he feels. I also understand how the noble Baroness, Lady Barker, feels when she speaks about civil society.
These amendments propose extending statutory consultation to specific groups, however defined. As the Bill stands, the consultation process provided in Clause 14 will already ensure that the statement will be subject, where applicable, to some statutory consultation with key stakeholders, including the Electoral Commission, the Speaker’s Committee on the Electoral Commission and the Levelling Up, Housing and Communities Committee. If the amendments your Lordships agreed earlier and are about to agree are agreed by the House of Commons, those institutions and bodies would be involved before the draft statement is submitted for the approval of Parliament.
The Secretary of State and officials will hear what has been said, but of course, the Secretary of State is not limited to consulting with only those bodies in considering legislation. I am grateful for what the noble Baroness said about reaching out to civil society. Government Ministers regularly engage with relevant stakeholders across civil society—I am sure that will continue—and a wide range of views can be considered by the Secretary of State when preparing a draft statement. I remind the Committee that the Secretary of State concerned is the one who bears responsibility for local government. Obviously, there is a particular, constant and important engagement between their department and local government. I understand the meaning and sense of the amendment asking for local government to be consulted, but that is, if you like, a standing counterparty of that department.
In addition, both Houses of Parliament play an important role in allowing for the views of wider society; your Lordships’ House is admirable in that. This already ensures that groups such as those noted in these amendments, including trade unions—which never lack a powerful voice in this House, notably from the noble Lord opposite—will be adequately represented through Parliament in scrutinising any draft statement. Additionally, the Speaker’s Committee on the Electoral Commission, which is a statutory consultee, is a cross-party group of MPs and that will further allow for representation of the views of different parts of the electorate.
So, while understanding the spirit in which these amendments are advanced and certainly giving the assurance that the Government are not limited to consulting only those bodies listed in the Bill, I urge that the amendments be withdrawn or not moved.
Lord Stunell (LD)
Could the Minister confirm that, when he referred to the Speaker’s commission just now, he meant the Speaker’s committee? He suggested that it had a wide remit to consult with society, whereas I am sure he will recall that it is substantially made up of Conservative Cabinet Ministers.
Lord True (Con)
My Lords, that was not a correct characterisation. I meant to say, “the Speaker’s Committee on the Electoral Commission”, which is a cross-party representation of MPs. If I misspoke, I apologise.
Lord Collins of Highbury (Lab)
I thank the noble Lord for his response to this debate. Consultation will be an important part of how we proceed on this and an issue which we will keep emphasising and reiterating. However, in the light of the comments, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment is consequential on the amendments in Lord True’s name relating to the inserted section 4A of PPERA.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 22, line 14.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 22, line 14.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 22, line 14.
Member’s explanatory statement
This amendment is consequential on the amendments in Lord True’s name relating to the inserted section 4A of PPERA.
Lord Judge (CB)
My Lords, the noble Lord, Lord Wallace, regrets that he cannot be here to introduce this stand part notice. He has asked me to do so in his place. The noble Lord, Lord Blunkett, was here and was very anxious to speak in this debate, but he has had to apologise because if he had spoken, he would not have been able to listen to the whole debate.
We started this debate rather a long time ago. In one sense, all the rhetoric has been played on both sides. I am not necessarily going to be unable to use a little bit of rhetoric, but in answer to this wonderful exchange between the noble Lord, Lord Butler, and the noble Lord, Lord Collins, about the problem and the answer, I suggest that the problem that is being faced, summarised in the way that the Minister put it, is a certain loss of confidence in the Electoral Commission’s ability to exercise its responsibilities. That may be wrong, but if it is right and that is the problem, I respectfully suggest that Clauses 14 and 15 of this Bill are emphatically not the answer to that problem. Once again, I am sorry to trespass on something which I rabbit on about in the Chamber, but we are vesting power in the Executive, and that is always dangerous.
These are matters which should be outside party politics. I recognise the difficulties of making this utterly immaculate, but how our elections are conducted and handled should, as far as possible, be clear of party-political pressures or Executive pressures, influence, control, or power. If they are subjected to any of those, they damage public confidence in how the Electoral Commission will work.
I need to go back to the founding principle, which I found in the 1998 report:
“An Election Commission in a democracy like ours could not function properly, or indeed at all, unless it were scrupulously impartial and believed to be so by everyone seriously involved and by the public at large.”
As a follow-up to that, the CSPL review of the Electoral Commission in 2007 said that
“any system … must … protect the Commission’s independence and impartiality from the possibility of undue influence for partisan political or electoral advantage.”
It is there that Clauses 14 and 15 fall down.
I shall go through the Bill to pick out one or two provisions. I suggest that every one of these provisions in Clauses 14 and 15 is dangerous in the sense that they increase the influence of the Government of the day over the Electoral Commission. It is no good just taking them as individual provisions; they need to be looked at as a package. Let us start with new Section 4A in Clause 14—if anyone is bothering to look, it is on page 20—dealing with the strategy and policy statement, which is a new idea. The clause says:
“The Secretary of State may designate a statement … prepared by the Secretary of State that sets out … strategic and policy priorities of Her Majesty’s government”
in relation to elections. By definition, that highlights whose policies and priorities are going to be included. Then it sets out
“the role and responsibilities of the Commission in enabling Her Majesty’s government to meet”
the Government’s own strategic and policy priorities. You do not need to look much further to see where undue influence is likely to be increased.
Then the Electoral Commission, which everyone agrees should be independent of government—I think that at Second Reading everyone eventually agreed with that—is required by statute to enable the Government to achieve their priorities as they relate to elections. I told the cynic in me last night, “Don’t say this”, but we have been waiting an awfully long time so I am going to say it anyway: I thought the priority of most Governments was to win elections. Still, I will not repeat that; it is cynical of me.
Let us look further. The Secretary of State can use the statement to issue guidance relating to other matters for which the Electoral Commission already has, or may in future have, statutory functions, whether by primary or secondary legislation. The noble Lord, Lord Hodgson of Astley Abbotts, is in his place, and he is not going to let the Government forget about the significance of the misuse, as I would describe it, of guidance. Using guidance as a power rather suggests that it would be extremely difficult for the new Electoral Commission working under these new arrangements simply to ignore the obligation to follow the guidance; the guidance will be there and the commission will be obliged to look at it. How lawful that would be if it went to a matter of judicial review, I will leave to the noble Lord, Lord Hodgson. We really need to look at those two terms together.
The suspicion about these clauses, a suspicion that has been ventilated around the House—although not the whole House—is due to the total absence of any formal or public consultation on the issue. If this were happening in another country that we thought was a democratic one, true to the principles of democracy and the wide franchise, we would be very worried about what was happening to our democratic friend.
We have spent a long time looking at new Section 4B in Clause 14. What is the obligation of the commission? It says:
“The Commission must have regard to the statement when carrying out their functions”—
that is, the Government’s prepared statement setting out their strategic and policy priorities. That is the only order that is made in the legislation. Sometimes we have legislation where the organisation or body, whatever it might be, is required to have regard to some statement or other or to some principle in the legislation, but it is rare—I do not say that it never happens because that is a word that I never use—for it to have no other responsibility. But this provision is all that the commission has to have regard to, in the express language of new Section 4B.
I underline that that provision is not one of a list of factors that the commission has to bear in mind. It does not identify any other factor to be taken into account. It does not provide a way out for the Electoral Commission to say, for example, “We’re not obliged to follow the statement, and we will not, because that would influence us into making a decision that we think would be electorally unfair. It is motivated by political advantage.” So that is a very stark responsibility. I rather enjoyed the observations by the noble Baroness, Lady Meacher, this morning about how the world really looks if you are in the position of someone who is “having regard to” government policy. The “must have regard to” is clear and unequivocal, and there is no room in the legislation for any other consideration being provided for. So we have “Her Majesty’s government” instead of “Parliament”, and no other consideration except the statement once it has been designated.
I now turn to one of the defences put up by the Minister: the consultation process. We heard a lot about the consultation process this afternoon. I will tell noble Lords what I think about it because there were times when I had to look at legislation that said the Lord Chief Justice will be consulted. It was completely valueless in terms of any action. The Secretary of State can consult. “Hello, my noble Lord, Lord Collins. What do you think of this Bill? You are very worried about it? I have taken a note of that, but I will now write it exactly the way I like it.” That is consultation. It would count as consultation and pass any judicial review as a proper form of consultation.
To look a little further, as a controlling element therefore of shielding the Electoral Commission, which is after all what we are supposed to be doing, why does everybody think a fig leaf is elegant? It is not elegant; it is transparent, and the sight is not a golden one. The obligation is to consult. There is no requirement for concurrence or agreement. Obviously, everyone can make non-binding suggestions, but they provide absolutely no form of protection for the Electoral Commission.
The Secretary of State has to consult and then decide what he or she thinks is necessary. That is not a protection for the Electoral Commission. It is a nice idea. It looks good and polite and British, but in terms of power, which is what we are discussing, it has no impact. I cannot help reminding the Committee—I said this at Second Reading—what PACAC had to say about this issue:
“We recommend that the Bill be amended to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory duty to do so”—
well obviously, but the committee adds—
“or if it reasonably believes it is justified in specific circumstances.”
And here is the rub:
“This amendment is necessary to give effect to the Government’s stated intention that the Statement will not amount to a power to direct the Electoral Commission, and to protect the Electoral Commission’s independence.”
Well, that is pretty stark. I wish I had thought of saying that myself but, as PACAC said it, I am very happy to adopt it as my own. We should note that it is ultimately a matter for the Secretary of State. That is new Section 4C.
We can omit new Section 4D, because that deals with the five-yearly review. New Section 4E, on which the noble Lord, Lord Scriven, has spent some time, is in many ways the most pernicious part of the whole Bill. It states:
“The Secretary of State may revise a statement designated”.
He can do it on his own initiative and if the commission requests it. It is a dispensing power, because new Section 4E(4) states:
“The Secretary of State may determine … that section 4C(2) (consultation requirements) does not apply in relation to the revised statement.”
In 1688, we kicked out the King. We got a new one, we got a new Queen, we got an Act of Settlement and Parliament was sovereign at last and nobody liked the disapplication or dispensing power.
But can we look a little further at this, at the Secretary of State’s “own initiative” without notice? The Secretary of State is not obliged to consult anybody. He “must give notice”—that is, after he has made up his mind—of what he proposes to do, and
“must consider any representations made by the Speaker’s Committee”.
That is even less than consultation; he “must consider any representations”. It is very strange, is it not?
Viscount Stansgate (Lab)
My Lords, I think the whole House is grateful to the noble and learned Lord for the forensic way in which he has taken these clauses and demolished their legitimacy. I sat through the entire Second Reading debate, and this was identified as one of the major issues in the Bill. I put it to the Government that to introduce these provisions is a terrible mistake to make. I have no idea what type of discussions within government led to this being part of the Bill. I find myself wondering whether I am going to have to wait for the Minister’s memoirs to discover that, privately and secretly, even he thought there were disadvantages to putting forward a proposal of this kind. Whatever you may think of it now, there will be different Governments in the future who may use this legislation in ways that we cannot predict and would not want.
It is rare for me, in the short time I have been here, to listen to a debate which could be encapsulated in a single speech, so I will sit down. I hope that the House realises what a mistake is being made and just thinks of the damage that will be done to our reputation as a democracy were these provisions to go through.
Lord Judge (CB)
With the indulgence of the House, when I was explaining about the noble Lords, Lord Blunkett and Lord Wallace, I omitted a courtesy to the Minister for the meeting we had last week. I always appreciate those meetings and I am sorry I omitted that.
Lord Kerslake (CB)
My Lords, it was a fantastic dissection of these clauses by the noble and learned Lord, Lord Judge. I lend my support to the argument and, had there been any spaces left, I would have added my name to those opposing the clauses. There is a right way of doing legislation relating to our democracy and a wrong way. The Bill, as I said at Second Reading, is definitively the wrong kind of approach. It should have been done with consensus, pre-legislative scrutiny and a much wider form of consultation than we saw.
I have real problems with these two clauses, both the way they have been brought forward and their content. I will deal first with the way in which they have been brought forward. We have heard a lot about the absence of wider consultation. What truly astonished me was what I heard from the Electoral Commission in its excellent briefing to Cross-Bench Peers yesterday. I asked the commission if it was consulted before the Government made their statement of including this in the Bill and the answer was “No”. It was not. It is quite extraordinary to bring forward something of such significance to the commission and not consult it or even inform it of your intention beforehand. That says a lot about the Government’s attitude towards the commission and how they will approach consultation in the future. It is an appalling lack of respect for a pivotal organisation in our democracy.
My second point is around the substance of this section of the Bill. The Government, to put it very directly, are substituting government control for parliamentary scrutiny. That is essentially what is happening with these two clauses. Of course, the Electoral Commission is not perfect. It will have made mistakes and will own up to having done so; it will make mistakes in the future, I am sure, but it is absolutely not resistant to being accountable. It will and does appear in front of Select Committees. As we have heard, it appears in front of the current committee that has been spoken about. The issue is not accountability—being able to hold it to account for what it does and challenge it. That is already in the current arrangements and if it needed to be strengthened, it could be.
This is an issue about control. Is the Government’s view the same as that held, apparently, by a number of Members of the House of Commons, who have lost confidence in the commission? If it is not that, what is it? What problem are we trying to solve here and why are we taking such significant control? The response from the Government is, “Look at the illustrative version of this: there is nothing to see here”. I am afraid that is just not good enough. As the noble and learned Lord, Lord Judge, said, we need to look at what is on the face of the Bill. What does the Bill allow to happen in these circumstances? It is quite clear that, through the Bill, a much more difficult set of requirements could be put on the commission by way of its strategy and policy. We cannot take an illustrative version of this and be assured by it; it simply is not enough. We have to be sure that no version that would be difficult and problematic, and damaged its independence, could come forward under the legislation—and, quite clearly, it could.
We have had much debate about what is meant by “have regard to”, so I looked up a common definition. It says,
“to take account of this guidance and carefully consider it … there would need to be a good reason to justify not complying with it.”
That is what is in the dictionary for “have regard to”, and it is pretty onerous. For anybody who has worked, as we heard earlier, for an arm’s-length organisation, and I have been the chief executive of one, “have regard to” from a Government is a pretty strong expectation that you will follow and do as you are told. I have to be really blunt here: the only conclusion I can have about why this is coming forward is that it is to put the commission in its place and make it clear what the Government expect it to do and how they expect it to do it. That is a very serious and dangerous step forward.
Another defence that is put for these proposals is that we have this sort of provision for other regulators. That is a completely invalid argument. Other regulators are there to carry out the business of government, to execute and deliver government policy. It is perfectly in order that they have strategy and policy statements from the Government, because they are very clearly acting on behalf of the Government. They may have a certain independence but are there as agents of government. The Electoral Commission is not an agent of government—this is where I think the confusion has come in—but a body that acts on behalf of Parliament and our parliamentary democracy. That is the core difficulty I have with what is in the Bill.
If I had any doubts about the issue, if I thought I might be overreading it, I invite colleagues to read again the letter that came from the commissioners. I shall just read out one paragraph:
“It is our firm and shared view that the introduction of a Strategy and Policy statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”
Those are extraordinary words from all bar one of the commissioners, and I suspect the one who did not sign it probably had very similar views—I do not know because I cannot ask him. The key point is that having a statement as strong as that from the Electoral Commission, the body we are looking to introduce this for, ought to settle the argument. We ought to say, “If that’s how they feel about this, there must be a serious and real issue that needs to be addressed here”. I do not think I have ever read, in my entire public life, something as strong as that from a body such as the Electoral Commission. For that reason alone, we need to throw out these clauses.
PACAC has said the same thing. Indeed, it said it had not had any representations in support of these clauses—nothing at all. There were plenty who were concerned about it, and I am sure every other noble Lord’s mailbox is like mine, stuffed with correspondence from people who are really concerned about this. If we are serious about the concerns of maintaining the integrity of the democracy we have and the integrity of the Electoral Commission, we should support the proposal and throw out these two clauses.
Baroness Noakes (Con)
My Lords, I hesitate to rise to speak, given the entrenched views already expressed, both in this debate and in earlier debates this afternoon, but I think the reaction to Clause 14 has been disproportionate. Strategy and policy statements for regulators are not new. They are now an established part of the regulatory landscape, although it is still a relatively new concept and noble Lords may not have been following this development. As has been said, strategy and policy statements already exist for other regulators. There is absolutely no evidence that they have in any way impaired the independence of those regulators from government. If there had been a problem with them, it would be well known by now, as all regulators have multiple routes for making their views known. There is no significant difference between the functions of the Electoral Commission and the other regulators, as the noble Lord, Lord Kerslake, sought to say. There is no significant difference to make them exempt from what is a development in the regulatory practice in this country.
I was deputy chairman of Ofcom when the Government announced that they would legislate for a strategy and policy statement for Ofcom. That was eventually included in the Digital Economy Act 2017. Like all regulators, Ofcom was extremely protective, and somewhat precious, about its independence. It is fair to say that, within Ofcom, the reaction was of considerable suspicion of the Government’s motives. I had left the board before the final statement was eventually published in 2019, so I have no insights into the final process. However, having read that statement, it is difficult to see that there is anything in it that would cause any concern about the independence of Ofcom. I have not heard of anything to that effect. In fact, the statement itself looks rather anodyne to me, as do the statements in relation to the other regulators. I have not had an opportunity to look at the draft statement for the Electoral Commission, but even the noble Lord, Lord Butler of Brockwell, found nothing disobliging to say about it when he spoke earlier.
Lord Beith (LD)
I am sure that the noble Baroness believes firmly that the Government she so strongly supports would not issue a statement that would challenge the independence of the commission. However, there is absolutely nothing about the illustrative statement—or, indeed, in comparison with statements made for other regulators—that in any way circumscribes the ability of this Government or future Governments to go much further than that, unless they are restrained by things that we put into the legislation.
Baroness Noakes (Con)
At the end of the day, there is a requirement for Parliament to agree. That is an important part of the framework. It is not something the Executive can do alone. It would need to become a parliamentary approved statement and, as we discussed earlier, it must be approved by both Houses of Parliament.
My second point is that we should be absolutely clear that strategy and policy statements are not directions. No power of direction exists for the Electoral Commission, and Clause 14 does not create one. Noble Lords would be rightly concerned if Clause 14 created a power of direction in relation to the Electoral Commission. I think that the Electoral Commission was just plain wrong, in its written briefing, to claim that it would be subject to government direction as a result of Clause 14.
I regret to say that the noble Lord, Lord Butler of Brockwell, for whom I have the highest regard, was also wrong, when he spoke on the first group of amendments, to assert that this statement amounts to a direction. It does not. Directions are very clear in what they can force public bodies to do. This does not force anything. The only requirement, as we have heard, is in new Section 4B for the Government to “have regard to” the statement. We discussed that in the first group of amendments, and the noble and learned Lord, Lord Judge, has made some comments on the ineffectiveness of that, because it does not refer to other things which it could “have regard to”. It does not trump the commission’s statutory objectives; it does not compel the commission to do anything at all, or to take account of anything else.
We must keep all this in proportion. It is an additional thing for the Electoral Commission to take into account; it does not replace all the existing law relating to the commission. This is the formulation used for all existing regulators, and I believe it is the right approach to protect regulatory independence. As I said, no concerns have been expressed to date about the independence of any of the regulators subject to statements.
The important thing is that the commission has to report on what it has done in consequence of the statement. In practice, as we will see from the way in which the statements tend to align with what the independent regulators are doing, statements generally reinforce what those bodies are doing, and relatively new information beyond what would be included in the annual report comes as a result of those statements.
However, it is important that the independent regulator explain any divergence from the Government’s priorities as approved by Parliament. For example, if the Government said that their priority was to improve democratic participation, not just generally but for particular groups, we would want to know what the commission had done about that and whether it had had any impact. That really does not threaten independence.
I believe that transparency and accountability are what the strategic and policy statements are really all about, and why they are useful. One element is for the Government to be transparent about their policies and priorities, because they have to set them down, get them consulted on and then have them approved by both Houses of Parliament. The regulators then have to be transparent in reporting on what they have done in respect of those priorities—or whether they have done nothing at all. That allows them to be held to account by Parliament—in the case of the Electoral Commission, through the Speaker’s Committee. I hope noble Lords will see that this legislation is not the monster they have created in their own minds. In fact, it can be seen as a very positive development for improving transparency and accountability. I hope we will allow these clauses to stand part of the Bill.
Lord Eatwell (Lab)
My Lords, I regret that, like the noble Baroness, Lady Noakes, I was unable to attend the Second Reading debate. At the time I was on an aeroplane returning from work in the United States. However, I have read the full proceedings in Hansard with great care and I feel appropriately informed.
Moreover, some time spent in the United States has also given an added perspective on some of the measures in the Bill, for there is about it a definite odour of the Donald J Trump playbook. There is the whiff of voter suppression in the extra requirements being added for access to the franchise. There is a distinct stench of the politically partisan in the measures that undermine the independence of the Electoral Commission. But perhaps the strongest stink arises from changes in the franchise being imposed by the current majority party, without pre-legislative scrutiny or a Speaker’s Conference. This strikes at the foundations of our constitution, written and unwritten.
I predict that in due course, much as the late Enoch Powell predicted, Mr Johnson will be defeated in an election—and then there will be a, perhaps minor but none the less significant, online campaign claiming that the election was stolen or rigged. While it would be unfair to claim that the noble Lord, Lord True, had planted the seeds of such a threat to our democracy, he will have added a little natural fertiliser. In his speech introducing the Bill at Second Reading, he made much of the precautionary principle, and of taking steps to protect the integrity of elections from potential, if as yet hypothetical, threats. He did not, however, extend his precautionary principle to the measures in Clauses 14 and 15 that, as the Public Administration and Constitutional Affairs Committee stated, risk undermining public confidence in electoral outcomes by diminishing the independence of the Electoral Commission, both in perception and in reality.
As the late Lord Hailsham famously observed, this country is governed by an elected dictatorship. A Government with a substantial majority in the other place can do virtually what they please. That is why this House, with its, let us say, peculiar composition, has a particular responsibility to protect the constitution, written and unwritten, against partisan proposals by the governing party. Here, the discussion by the noble Baroness, Lady Noakes, of statements for regulators gives us a valuable insight, because, in this case, the statement is made by the regulated entity. It is as if one of the broadcasters could have a statement telling Ofcom to what it should have regard. The Secretary of State is a political figure. In the electoral arena, he is a regulated entity. He should not be in a position to provide advice of any sort to the regulator.
As the noble and learned Lord, Lord Judge, said at Second Reading,
“there is a constitutional necessity, in a system of democracy based on universal suffrage, that any electoral commission should be wholly and totally independent”.—[Official Report, 23/2/22; col. 239.]
By rejecting these clauses and affirming the independence of the Electoral Commission, this House will make a vital commitment to free and fair elections.
Lord Rennard (LD)
My Lords, in considering the Government’s plans to take more direct control of the Electoral Commission, we should go back to considering the consensus that existed when it was established. In 1998, the Committee on Standards in Public Life, then chaired by the late Lord Neill of Bladen, proposed the creation of an
“independent … Election Commission with widespread executive and investigative powers”.
Introducing the resulting legislation, the then Home Secretary, Jack Straw, explained how the commission would
“undertake its key role at the heart of our electoral arrangements”.
He emphasised that
“the commission must be as independent of the Government of the day as our constitutional arrangements allow, and it must be answerable directly to Parliament and not to Ministers”.
On behalf of the Conservative Opposition in the other place, Mr Robert Walter, then said:
“The Opposition have always made it clear that we support the recommendations of the Neill committee and that we shall support the legislation that implements the report”.—[Official Report, Commons, 10/1/2000; cols. 42-109.]
In this House, the noble Lord, Lord Bassam, introduced the legislation. He said that
“the commission will need to be seen to be scrupulously independent both of the government of the day and of the political parties”.
The consensus about the essential independence of the Electoral Commission was backed on that occasion by the late Lord Mackay of Ardbrecknish, a greatly respected Member on the Conservative Benches at the time. He said that
“there should be an electoral commission”,
but:
“There must be no possibility of the commissioners being \ As currently drafted the provisions in Part 3 of the Bill are not consistent with the Electoral Commission; cols. 1088-95.]
This principle of the Electoral Commission’s independence from the Government of the day survived five general elections. No previous Government before this one sought to change that principle. So I ask why, if we could not have “Tony’s cronies” overseeing the work of the Electoral Commission, we should then have Michael Gove overseeing it? To have any government Minister of any political party setting the overall strategy and policy for the Electoral Commission effectively ends its independence.
Since the last general election, the Conservative Party has been subjecting the Electoral Commission to undue pressure. In August 2000, the then Conservative Party co-chair Amanda Milling wrote in the Daily Telegraph that, if the Electoral Commission failed to make changes,
“then the only option would be to abolish it.”
That sounds pretty much like a threat to me. An independent election watchdog should not operate under such threats—not in a democracy.
Baroness Wheatcroft (CB)
My Lords, the noble Baroness, Lady Noakes, drew a parallel between the Electoral Commission and Ofcom. However, Ofcom has a huge and evolving remit; inevitably, it has to respond to changes in government policy in areas as diverse as regulating the spectrum and the quality of broadcasting. The Electoral Commission is a very different beast, with a very straightforward role: to oversee elections and regulate political finance to ensure that we have a free and fair election system.
It describes its job as working
“to promote public confidence in the democratic process and ensure its integrity”.
What could a Government want to do to change that? It is simple, straightforward and easily understood. I cannot understand what the policy statement enshrined in Clauses 14 and 15 would add to that quite straightforward purpose. Nothing I have heard today has helped me in that direction, and I hope the Minister might be able to answer the question that others have asked: what is the purpose of this?
That there is room for improvement in the way the commission operates is true, but the proposed policy statement is simply not the way to accomplish that. In my experience, when it comes to elections, political parties have one overriding objective: to win as many votes as possible. Indeed, in the 2015 general election, the Conservative Party was so keen to win votes in South Thanet that it drove a coach and horses—and, indeed, a battle bus—through the rules. So egregious were the breaches that in 2019, Mr Justice Edis, presiding over the subsequent court case, was highly critical of what he termed Conservative Central Office’s
“culture of convenient self-deception and lack of clarity about what was permissible in law and what was not.”
The senior central office employee who was instrumental in this electoral fraud was sentenced to nine months in prison on 22 counts. It was only because of her personal circumstances that the sentences were suspended. There is no doubt that Conservative Central Office is not the only political headquarters to have played fast and loose with the rules if it thought it could. That is why we do not want political parties anywhere near the Electoral Commission.
Those who drafted Clause 14 may have done so with the most honourable intentions in mind but, as has been said, these clauses could have a truly malevolent effect on our electoral system. There is an unpleasant whiff about them, and it could evolve into a foul stink. The positive case for these clauses has simply not been made, and I therefore support the removal of these clauses from the Bill.
Lord Hayward (Con)
My Lords, I am somewhat conflicted in this debate, to the extent that I, unlike a number of noble Lords who have spoken previously, do not view the Electoral Commission through rose-tinted spectacles. I shall refer to one or two problems that I and others have had with it recently. I have, however, had the opportunity to meet and deal with Mr John Pullinger, its new chairman; I wish him well and believe—partly because of what he has done in relation to some of the issues that I have had—that he will actually change the culture in the Electoral Commission.
I was fascinated by the contribution just now from the noble Baroness, Lady Wheatcroft. I must declare an interest, because the person to whom she and the noble Lord, Lord Rennard, referred is a close personal friend of mine, but I will not deal with the case as such. The noble Baroness aired the view that, although CCHQ had been found guilty of an offence, it was almost certain that the other parties did the same. That is actually the problem—
Baroness Wheatcroft (CB)
My Lords, I was not insinuating that other political parties had played fast and loose in that particular election. I merely meant that, had they felt able to in some elections, they might have done.
Lord Hayward (Con)
I am sorry; I did not make myself clear. I was referring not specifically to that election but to elections in general, which is what I took to be the comment of the noble Baroness.
I will first cover the Electoral Commission and then come on to this particular clause. As the noble Lord, Lord Scriven, said first and others have said later, the Electoral Commission is required to produce an independent, free and fair set of elections. It is not required to start intruding in terms of developing or interpreting legislation. I was brought up to believe that these two Houses and the judges—the judiciary —decided how our laws operated. But, unfortunately, the Electoral Commission has moved into that field. I say that with reference to the debate in this Chamber on 6 January on the progress of regulatory bodies into fields and issuing edicts that they are saying are law.
I refer here not to the case that I just raised but to the availability of electoral rolls. They are key if you are going to investigate corruption in Tower Hamlets, but access to them is being denied by the Electoral Commission. In an email, it said that, unfortunately, “the law is silent” on this matter. It then went on to develop policy on it, effectively saying that it is law. It has issued instructions to EROs on a certain basis.
Later in the Bill, I shall cover the fascinating development of the law of secrecy when it comes to a polling booth, a practice that we have had for 150 years. The Electoral Commission is now changing the processes—it is changing the law—which is why I have tabled an amendment to stop it doing what it appears to be doing.
The noble Lords, Lord Rennard, Lord Wallace and Lord Kennedy, are all aware of the difficulties that I have had with it since early August on accredited observers—people who can be allowed into a polling station. The Minister wanted to go into a polling station in a by-election in Tower Hamlets and was told that she could not because she was political. She, or her office, was making those arrangements with the chief executive of Tower Hamlets. Nothing in law says that an accredited observer cannot be a political individual. I would have been quite happy if the Labour or Lib Dem spokesmen in the Commons or the Lords had gone to witness the problems there, but, suddenly, the Electoral Commission said, “You cannot do that”. Nothing in law says that.
What makes it worse—this is where I disagree with the noble Lord, Lord Kerslake—is that the Electoral Commission does not admit its failings. As I say, I made correspondence available to other parties throughout, contemporaneously, and came to the conclusion that, in the way it has operated, the Electoral Commission is institutionally arrogant. It will not admit its failings, to the extent that, despite representations, detailed letters and failures to reply, when challenged about the refusal to allow the Minister into a polling station—it had been involved in conversations some 10 or 15 days before the by-election—it said immediately afterwards that it was not aware of a Minister being prevented from entering a polling station. This is despite the fact that, two and a half months later, it admitted that it had had conversations with the Cabinet Office and the Minister’s office, not to mention one with me in a polling station and with a local councillor, all of whom the Electoral Commission officials are saying it stopped, in one form or another.
What was fascinating was that, when confronted with all these different things, Electoral Commission kept saying, “We didn’t say it.” The Cabinet Office officials thought it did, as did the Ministers and the staff at Tower Hamlets. I believe it did. It is not a body which has previously been willing to admit its failures. As I say, it failed to do so when—
Lord Butler of Brockwell (CB)
My Lords, I am very grateful to the noble Lord for giving way. His complaints against the Electoral Commission may be justified, but can he explain how a strategy and policy statement from the Government would put the matter right?
Lord Hayward (Con)
The noble Lord intervenes at a highly apposite time. I said at the start of my contribution that I was conflicted. All I wanted to do was set the record straight in relation to the Electoral Commission as I and others have experienced it. A number of noble Lords have said that these clauses do not solve the problems that might arise from any behaviour of the Electoral Commission. That is why I am conflicted. I do not believe these clauses solve the problem. I believe there are problems with the Electoral Commission and that Mr Pullinger and his new organisation will tackle them, but I do not believe that these clauses solve the problem.
The noble and learned Lord, Lord Judge, regularly reminds us of Henry VIII clauses. I regard this as a Henry II clause: “Who will rid me of this troublesome priest?”—or, in this case, this troublesome regulatory body. I am sorry, but I cannot read those clauses without thinking that in some malevolent hands they will be misinterpreted by some Government or another.
I was an electoral observer in 2018 in a country I know well because I completed the whole of my university career there—Zimbabwe. I met the Zimbabwe Electoral Commission and challenged it on the way it operated that election. I would like to be in a position to suggest that it use and operate our law. Could I honestly do that with these two clauses as they stand?
I come back to the position on which I opened. I am conflicted. I would like to see what the noble Lord, Lord Scriven, identified: the clear operation of an electoral commission that produces independent, fair, free elections. That I could commend to the Zimbabwe Electoral Commission. I hope that, when it comes back, this legislation will be something that I could recommend. As it stands, with these clauses, I could not.
Lord Hayward (Con)
I am very conscious of that. I did not necessarily say that the Lords to whom I was referring were present in the Chamber; I gesticulated towards the Bench opposite. I hope I did not offend the noble Lord in saying that.
Lord Beith (LD)
My Lords, I am very glad to follow the noble Lord. He has delivered a message to people in his party that you can be severely critical of the Electoral Commission and consider that it has shortcomings and has not always owned up to things it has got wrong, but it does not follow that it makes sense to remove a body which is, in many respects, a guarantee of the democracy of our system. His illustration from Zimbabwe is telling. Who among us has not talked to people from various countries with very shaky regimes about the need to have a fair and reliable electoral system? Many have taken part as election observers, as he has, and seen a lack of independence in the electoral process that is fatal and damaging. The fact that the existing members of the commission believe that the provisions of these two clauses would inhibit their ability to behave independently tells its own story. It is on that and one other point that I want briefly to contribute.
The noble Lord, Lord Kerslake, quoted from the letter that all but one of the members of the commission sent to Ministers. However, he did not go on to take a further quote from it, which says:
“If made law, these provisions will enable a government in the future to influence the Commission’s operational functions and decision-making. This includes its oversight and enforcement of the political finance regime, but also the advice and guidance it provides to electoral administrators, parties and campaigners, and its work on voter registration.”
It goes on to say that the “have regard” duty would
“provide a mechanism, driven by the then governing party, enabling that party’s ministers to shape how electoral law is applied to them and their political competitors.”
That is pretty clear, and anyone who took up a position on the Electoral Commission with this law governing how they conducted themselves would be likely to be severely inhibited by it. That raises a question of who will be willing to serve on the Electoral Commission with this kind of statutory statement as something to which they are obliged to have regard.
The other point I want to make is to reinforce something I said by way of an intervention. It really is no use the Government relying on the fact that they have produced an illustrative or indicative statement. That statement may be regarded by some as motherhood and apple pie; it might be regarded by others as offering a few hints of things that might be unsatisfactory in future statements. It is not the law. It does not inhibit or guide even this Government, let alone future ones, as to what kind of statements they will seek to get through the process.
Remember that the process is effectively one of statutory instruments—affirmative procedure, the same as statutory instruments—which, for various other reasons, many noble Lords are reluctant to use in this House to the extent of actually defeating a statement. Indeed, the Labour Party has often taken a public position that it is not appropriate for this House to take such an action, but the noble Lord on the Front Bench pointed out that we are dealing with a different matter here. We are dealing not with a general policy issue but with protection of the integrity of the election process and the body required to regulate it, and the independence that body needs to be able to do those things.
I end with the hope that the contribution from the noble Lord, Lord Hayward, will be read by quite a lot of other members of his party, who might then feel free to join those of no party, my party and the Labour Party in saying that this matters. This is a threat to the independence and perceived independence of the body that regulates elections. However many of its decisions we disagree with or which may have been discomforting to our own individual party or cause, we must maintain its independence. That requires the removal of these clauses.
Lord Scriven (LD)
My Lords, I will follow on from the points made very powerfully by the noble Lord, Lord Eatwell. In effect, these clauses will empower the regulated over the regulator. I listened very carefully to the point from noble Baroness, Lady Noakes, that statements of policy over regulators are not new. Let us take the logic of what these clauses actually do and of who is writing the statement to its conclusion. Would we allow the dominant electricity and gas company to write the strategy and policy statement for the energy regulator? Would the Government be happy for the largest water company in the country to write the strategy and policy statement for the water regulator? Would the Government legislate for the largest telecommunications company to write the strategy and policy statement for the telecoms regulator? I ask those questions directly to the Minister. If not, why not? We know as well as those outside this House do that that would empower the regulated over the regulator. We have independent regulators so that those who are regulated have no power whatever over the regulator.
Therefore, why is it that the Government seek in this Bill to allow the largest political party—that is, the Government—to write the strategy and policy statement for the regulator of elections and electoral policy? There is no logical reason to do that in order to keep that regulator independent. It completely puts the regulator at the behest of the Government in power, and it sets direction.
I want to follow what the noble and learned Lord, Lord Judge, says, because it is important that we look at what is in these clauses. A number of times, both the Minister and the noble Baroness, Lady Noakes, have kind of given us warm tea and soothed us: “Don’t worry, have your cup of tea, sit down, and everything will be fine. It is a statement purely of strategy. This strategy won’t get into the operation. The Government won’t be directing what the commission does.” But let us look at new Section 4A(3)(b) introduced by Clause 14. The Secretary of State will be given the power to put in the statement
“any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate”—
any other information. It basically gives the Secretary of State carte blanche to direct the regulator of elections and the electoral system to do whatever the Secretary of State decides. It is such a wide power. It is not a strategy power; it is a power that could get right into who the Electoral Commission employs, what the role of that person is and the kinds of powers that person has.
I ask the Minister: what powers would be excluded from new Section 4A(3)(b)? The Bill says
“any other information … the Secretary of State considers appropriate.”
Is that a catch-all? If not, what would be excluded on the face of the Bill? I cannot see anything on the face of the Bill that says what the strategy and policy statement would exclude. I see that the statement could include any information the Secretary of State sees fit.
Furthermore, the Secretary of State, as we have already discussed, could do this of their own volition and without any consultation. The noble and learned Lord, Lord Judge, was absolutely clear. “Consultation” does not necessarily mean anything. I am a former council leader. We consulted. You do not necessarily have to change what you have decided based on consultation. Some of the most powerful and important considerations we have to make in this clause are that those who have worked in and led arm’s-length bodies have said very clearly that when a Government say something is on the face of the Bill and you have to have regard to it, it is a direction and an instruction. It is not just something bland; it is a clear instruction that those people within those organisations and the Electoral Commission will see as something they have to take forward. It is very clear that the powers in this clause are much greater than a kind of “It’ll be all right, you don’t have to do it”. New Section 4B(2) says that the commission “must”—not “may”—
“have regard to the statement when carrying out their functions.”
New subsection (4)(b) says that the commission must report after the end of
“every subsequent 12-month period, on what they have done—”
not on what they have not done—
“in consequence of the statement.”
Remember: the statement is about the priorities of the Government.
I believe that these clauses, which are so widely written, give the Government such powers over the regulator that they completely and totally take away the basis of a regulator that free and fair elections can be built on and undermine the very basis of our democracy. It is for those reasons that these clauses should not stand part of the Bill.
Lord Russell of Liverpool (CB)
My Lords, I rise very briefly to draw three points to the Government’s attention. The first is prompted by the noble Lord, Lord Hayward, who talked about a culture of what appears to him to be institutional arrogance in the Electoral Commission. We live at a time of airborne viruses, with which we are all too familiar, and it occurs to me that perhaps they have infected Her Majesty’s Government to some degree, since I detect occasional traits of institutional arrogance in some of their statements and demeanour from time to time. I hope this debate is not going to be an example of that.
Secondly, I advise the Minister to listen extremely carefully to the forensic way in which the noble and learned Lord, Lord Judge, laid out his argument. We have to think about what we hope is the unlikely event that something to do with the Electoral Commission and what it has done goes to judicial review or something similar. The noble and learned Lord demonstrated the way in which justice will look at the words of this law, and how they will be interpreted. So I say to the Government that, if they find themselves up against individuals such as the noble and learned Lord, they are likely to come out on the wrong side of the argument.
Thirdly, I belong to the Council of Europe, and in that capacity I have monitored three different elections. The Council of Europe exists partly to help those countries that do not have a history and tradition of western democracy as we know it to move towards a state where that becomes normalised. In the course of the three elections that I have monitored, one thing that we have always done early on is go and meet the electoral commission of the country. All that I can say from my experience of doing that is that, if we were interrogating an electoral commission and we discovered in the course of that interrogation that the commission was subject to what the Government are suggesting in these two clauses, it would start some red lights flashing. So I suggest to the Minister that the Council of Europe has a well-developed set of criteria for advising countries on how to set up their electoral commissions and how to make sure that they are fair and do what it says on the label, and I would be very happy to make an introduction to the people in Strasbourg who could give the Government access to that.
I appeal to the Minister to think very carefully about what he is trying to persuade us is the right way to proceed, because the mood of the House is very clearly that we have great concerns about it. So please let us all be careful.
Baroness Hayman of Ullock (Lab)
My Lords, this has certainly been a very interesting debate. I thank the noble Lord, Lord Wallace, for tabling these amendments, and I wish him well as I understand the reasons why he is not with us today. I also thank the noble and learned Lord, Lord Judge, for his incredibly thorough and forensic introduction in the noble Lord’s absence. I cannot think of anyone who could have better gone through these clauses and explained the concerns around them.
We know that the Electoral Commission was established by the Political Parties, Elections and Referendums Act 2000 in order to oversee elections and regulate political finance in the UK independently of government. The 1998 report from the Committee on Standards in Public Life emphasised the fundamental importance of independence for the proposed commission. It said:
“Those who have advocated the establishment of an Election Commission have been emphatic that it should be independent both of the government of the day and of the political parties … An Election Commission in a democracy like ours could not function properly, or indeed at all, unless it were scrupulously impartial and believed to be so by everyone seriously involved and by the public at large.”
In its 2007 review of the Electoral Commission, the CSPL highlighted the dual requirements of independence and accountability, saying that
“any system of accountability must also protect the Commission’s independence and impartiality from the possibility of undue influence for partisan political or electoral advantage”.
In 2009, party-nominated commissioners were introduced to bring knowledge and experience of political parties and the workings of elections from those perspectives. This is now well represented and understood by the commission.
Part 3 of the Bill would make significant changes to the way in which the Electoral Commission is accountable to Parliament, giving new powers to the UK Government to designate a strategy and policy statement, about which many noble Lords have expressed concerns. It would require, as other noble Lords have said, the commission to “have regard to” this statement when carrying out its functions. It was really important that the noble and learned Lord, Lord Judge, went carefully through the Bill on the implications of what this would mean.
The introduction of a strategy and policy statement which enables the Government to set the strategic direction for the work of the Electoral Commission is inconsistent with the role that an independent commission plays in a healthy democratic system. This independence is fundamental to maintaining confidence in our electoral system. The commission’s independent role must be clear for voters and campaigners to see, and it must be preserved in electoral law. This underpins fairness and trust in our electoral system and provides cross-party confidence in the commission. The noble and learned Lord, Lord Judge, explained why he thinks that public confidence could be lost if complete independence of the Electoral Commission is lost.
The commission’s accountability is currently directly to the UK’s Parliaments and should remain so, rather than being subjected to government direction. As we have heard, the Electoral Commission itself took the unprecedented step of writing to the Secretary of State and the Minister in the other place. The noble Lords, Lord Kerslake and Lord Beith, quoted from this letter and I would like to do the same. In it, the Electoral Commissioners
“urge the Government to reconsider those measures which seek to change the oversight arrangements of the Electoral Commission.”
I find it quite extraordinary that it felt the need to ask the Government to reconsider because it was so concerned.
Independence from the Government of the day is important because it prevents an incumbent changing laws or practices to suit their political interests. It can also strengthen public trust in the political process. Just as the judiciary should be independent, electoral officials should be non-partisan. As my noble friend Lord Eatwell said, the Secretary of State is both regulator and regulated.
The problem with the Bill is that, in contrast with keeping electoral officials non-partisan, it proposes to weaken the commission’s independence as well as to give the Government greater power by allowing them to designate the strategy and policy statement. It gives Parliament—but in practice, a Government, if they have a majority—the power to examine the Electoral Commission’s compliance with this. The Electoral Integrity Project describes this as
“a direct violation of international best practices and would constitute democratic backsliding because it is giving the government and future governments greater control over the conduct of elections—the process through which citizens are enabled to hold government to account”.
As we have heard from the noble and learned Lord, Lord Judge, new Section 4A of PPERA, as inserted by Clause 14, empowers the Secretary of State to designate this strategy and policy statement. This would set the strategic and policy priorities of the Government relating to electoral and similar matters, and the role and responsibilities of the commission in enabling the Government to meet those priorities. The statement may also give guidance in relation to particular functions of the commission and may provide additional information. The noble Lord, Lord Scriven, mentioned “any other business”. If that is the case, can the Minister tell us where the checks and balances are as to what this could include?
Evidence given to the Public Administration and Constitutional Affairs Committee included, its report said,
“strong criticisms from academics and a range of stakeholders that the measures lack justification and were characterised as a ‘retrograde step’ ‘an extremely dangerous thing to do’ and ‘would constitute democratic backsliding’
In his evidence, it continued, Professor Fisher pointed to
“surveys of election agents since 2005 which ‘have seen that confidence in the [Electoral Commission] has grown over this period ... there is no particular problem with those that the [Electoral Commission] regulates’”.
Far from requiring additional oversight, the commission already delivers good work in ensuring high levels of satisfaction in the integrity of the electoral process among those who are most knowledgeable and closely involved. A survey of electoral agents at the 2019 general election showed that 78% agreed that the rules in respect of election spending and donations were clear; 72% viewed the Electoral Commission as a useful source of advice; 75% thought that electoral guidance for candidates and agents was clear and easy to use; and 75% thought that the Electoral Commission’s written information on the verification and count was clear and easy to use.
In its response to the Public Administration and Constitutional Affairs Committee, whose report raised these concerns, the Government said:
“It is not uncommon for the Government to set a broad policy framework, as approved by Parliament, which independent regulators should consider”
giving as examples the relationship that Ministers hold with regulators such as Ofcom and Ofwat.
The noble Baroness, Lady Noakes, referred to other regulators, mentioning her experience with Ofcom in particular. I too have spent many years working in regulated industries, in my case energy and water. I would instead agree with the noble Baroness, Lady Wheatcroft, and the CSPL, which considers this to be a completely false analogy, since these are not regulators implementing government policy. The Electoral Commission regulates the people and parties that make up the Government and Parliament. The noble Lord, Lord Scriven, gave an example as to why the situation with regulators such as Ofcom and Ofwat is so very different, so I do not accept that analogy. When giving evidence on this, Professor Alan Renwick stressed that
“ministers and parliamentarians should recognise their own potential conflict of interest.”
Does the Minister recognise that there is a potential conflict of interest here?
Clauses 14 and 15 are not just about increasing the accountability of the commission to a Committee in the House of Commons, to which it already reports. Clause 14 subjects the commission to strategic and policy control, including guidance on specific cases, not by Parliament, but by Ministers. It is pretty difficult to express just how appalling this is but the noble and learned, Lord Judge, did an excellent job. Policy control and even guidance on individual cases might be appropriate for other public bodies—for example, those making decisions about infrastructure or planning permission—but it can never be right for the governing party to be able to give instructions to a body whose role requires it to make decisions that might well go against the interests of that party.
Under Clause 14, Ministers could guide the commission to interpret its powers in ways that would favour the ruling party and its friends. The courts might provide a backstop in the most extreme cases, such as where guidance tries to permit illegal activities, but judicial intervention is unlikely in more strategic interventions, such as Ministers telling the commission to restrict or halt its work on voter registration, which targets mainly young people, minorities and renters living in house-shares.
Lord True (Con)
My Lords, of course I listen carefully. Having listened carefully, I infer that your Lordships view these clauses with somewhat modified rapture. Even if I were as eloquent as Pericles, which I am not, I might not be able to change your Lordships’ minds over the next five to 10 minutes. However, I hope that, as we engage on this Bill—which I hope we will continue doing—these clauses will remain in as we go forward to Report. We should always consider modes of improvement, as well as modes of rejection. I will certainly undertake to have further conversations.
I welcome the noble Lord, Lord Eatwell, on his return from the United States. I understand that he was not at Second Reading, but I will correct the record by saying that I made no reference to the precautionary principle in that debate. It is not my habit to do so. If he finds in Hansard that I did, then I will gladly apologise to him.
I will address the amendments proposed to Clauses 14 and 15, and the excision of these clauses from the Bill. All noble Lords will agree—as I do—that it is vital that we have an independent regulator which commands trust across the political spectrum. This is the view of Her Majesty’s Government. The public rightly expect efficient and independent regulation of the electoral system. We must reflect at all times on the current structures charged with this important responsibility and, where there is a need for change, be prepared to make it. The one thing that will not change is that the Electoral Commission is independent and will remain so.
We believe that the Government’s proposals represent a proportionate approach to reforming the accountability of the Electoral Commission, while respecting its operational independence. I listened very carefully to the noble and learned Lord, Lord Judge, and will examine the Hansard record of his analysis of the clauses. There is no direction in the clause for the Electoral Commission to act in any particular way. There is the requirement to “have regard to” the strategy document —to which I will return later.
Clause 14 seeks to make provisions for the introduction of a strategy and policy statement which will set out guidance which the Electoral Commission “must have regard to” in the discharge of its functions. It is not a direction, as my noble friend Lady Noakes said, in what, under the circumstances, was a somewhat courageous speech and one with which I agreed. She set this out clearly.
It has been claimed that the “duty to have regard” to the statement introduced by the provisions will weaken the independence of the commission. I understand that noble Lords should be concerned about that. It is a perfectly legitimate concern. If that were the case, I would understand where noble Lords were coming from. We do not believe that the duty weakens the independence. It is also argued that the Government are given too much influence. Indeed, it was said that the duty gave “control” over the Electoral Commission’s affairs. Again, in our submission, that is wrong. We strongly reject that characterisation of the measure. This is guidance, not a directive, and, as such, the Electoral Commission will remain operationally independent as a result of this measure. It will be required to “have regard” to the statement in the exercise of its functions. This legal duty does not replace or undermine the commission’s other statutory duties. They will remain.
It is entirely appropriate for the Government and Parliament to provide a steer on electoral policy and ensure that their reforms on electoral law are properly implemented. It is not about meddling with operational enforcement decisions on individual cases or any change in the commission’s statutory duties. By increasing policy emphasis on electoral integrity, however, inter alia the Government are seeking to prevent interference in our democracy from fraud, foreign money and hostile state actors.
At present, the Electoral Commission is not fully held to account by anyone. My noble friend Lord Hayward referred to the issues of family voting in Tower Hamlets, on which I recently read an article by that courageous campaigner for honesty in elections, Councillor Peter Golds, who documents his difficulties in getting the commission to address fully and seriously, as he sees it, the problems presented by this issue. The proposed illustrative document that has been given to noble Lords, for example, asks the Electoral Commission to look into the dangers of fraud and such issues that emerge from family voting. It is reasonable to ask the body tasked with preventing fraud to address the bullying of female voters and to give priority to that.
The statement has a democratic check by being ratified by Parliament, as we discussed on an earlier amendment. Your Lordships have the power to accept or reject these proposals on the statement when it comes forward. The duty to have regard that we are introducing means simply that when carrying out its functions the commission will be required to consider the statement and weigh it up against any other relevant considerations. I do not accept the contention of the noble Lord, Lord Kerslake, and others that a statement is not appropriate for a public body. I agree with my noble friend Lady Noakes in her response to that.
Lord Kerslake (CB)
Perhaps I might clarify this point for the Minister. I did not say it applied to any public body. I said it related to the Electoral Commission. There is a critical difference here in its role, its standing and the nature of its accountability. The situation is quite different for other regulatory bodies.
Lord True (Con)
I respectfully disagree with the noble Lord on that. The Electoral Commission is a public body and many other such bodies have important duties and activities that impinge on the public and public well-being. I stand by my statement and agree with my noble friend Lady Noakes on that.
The propositions that we are putting forward work in similar ways to other existing statutory duties that require public bodies to have regard to specific considerations in carrying out their functions; for example, the requirement for public bodies to have regard to matters of equality when exercising their functions. The statement will not allow the Government to direct the commission’s decision-making. They—any Government—will not be able to do so. My noble friend Lady Noakes is, again, right.
Lord Scriven (LD)
I must challenge this. The Minister keeps saying that there is not a power. Can he explain new Section 4A(3)(b) in Clause 14, which states specifically that the statement may also set out
“any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate”?
That is such a wide power, that the Secretary of State can determine anything that the commission does.
Lord True (Con)
Yes, my Lords, new Section 4A(3)(b) allows the statement to contain—I am repeating what the noble Lord has just read out for the Committee; I am trying to help the Committee by doing so—any information considered appropriate, such as information
“about the roles and responsibilities of other persons.”
This could include other bodies with which the EC has relations, for example. The commission cannot be held responsible for the functions of other bodies which might be mentioned. New Section 4B(2) is disallowed from the commission’s duty to
“have regard to the statement when carrying out their function.”
New Section 4B(3) says:
“Subsection (2) does not apply to information contained in the statement by virtue of section 4A(3)(b).”
It is therefore intended specifically, for the reasons that the noble Lord puts forward, for that provision in the Bill.
The Government are clear in their submission that a statement will not undermine the commission’s other statutory duties. It could be used to provide guidance in areas where the commission is exercising the significant amount of discretion it is afforded, and will continue to be afforded, in terms of activity, priorities and approach.
More generally, statutory consultation in applicable circumstances, and the required approval of the UK Parliament when a statement is created or revised, will ensure that the Government consider the UK Parliament’s views and will give Parliament, including your Lordships’ House, the final say over whether the statement takes effect. This measure will improve the commission’s accountability to this Parliament and ensure that Parliament remains firmly in control of approving any statement.
I turn to the amendment relating to Clause 15. The purpose of Clause 15 is to expand the remit of the Speaker’s Committee on the Electoral Commission, a statutory committee which is chaired impartially by the Speaker of the other place. Its existing remit is limited to overseeing the commission’s finances, its five-year plan and the appointment of Electoral Commissioners. In expanding the committee’s remit, so that it may examine the commission’s performance of its duties to have regard to the statement, the Government are seeking to extend Parliamentary accountability of the commission to the Speaker’s Committee. This will enable the committee to perform a scrutiny function similar to that of Parliamentary Select Committees, allowing it to retrospectively scrutinise the commission’s activities in light of its duty to have regard to the statement. This power will sit alongside the committee’s existing statutory duties, which we are not amending in any way.
For clarity, Clause 15 will not enable the committee, any more than the Government, to direct the commission’s decision-making. The commission will remain operationally independent and continue to be governed by the commissioners. For completeness, this clause also gives the Speaker’s Committee powers to request relevant information from the commission
“in such form as the Committee may reasonably require”,
while ensuring that the commission is not required to disclose information that
“might adversely affect any current investigation”
or that
“would contravene the data protection legislation.”
This is important in protecting the commission’s ability to investigate, and also the interests of those who may be under investigation. For the reasons that I have set out, we contend that this clause will actually improve the commission’s accountability to Parliament, while respecting the regulator’s operational independence.
Those are the reasons why the Government think that these clauses are proportionate and reasonable, and I urge that your Lordships do not seek to remove these clauses from the Bill.
Lord Eatwell (Lab)
My Lords, the Minister suggested that he did not use the precautionary principle in his speeches at Second Reading. At col. 314, he drew a direct analogy between the need for photographic evidence to vote and locking a door to prevent burglars. Is not that the precautionary principle?
Lord True (Con)
No, it was a humorous remark for the Committee. The precautionary principle is one that the European Union applies in considering legislative activity; it is not a principle that I espouse and not one that I endorsed in the speech.
Viscount Stansgate (Lab)
Can the Minister at least address another point made by my noble friend, on the effect that these clauses will have on the perception that our electoral process is as proper as it should be? Given the comparison that he drew with what we have seen across the Atlantic, and the damage that could be done if any electoral process suffers from a growing sense that it is in some way unfair, or has been interfered with, it is simply not worth having these clauses, to prevent the type of damage that we have seen across the Atlantic.
Lord True (Con)
I accept what the noble Lord said on that point—and, indeed, what the noble Viscount has said. What I would say is, first, that a Minister at the Dispatch Box should not criticise either a former or a present President of the United States, or any members of the parties that support them. We all make and contribute to the perceptions that people have, and one problem is with the risk of importing the rhetoric of the USA about voter suppression, fair voting or whatever, when actually every opinion poll in the United States, including among African Americans, supports the principle of voter identification. If we import that rhetoric into our public affairs, we ourselves potentially contribute to the very kind of perception that I wish to avoid, and I know that the noble Viscount also does—although he has not been in this House that long, I know that his integrity is resounding. All of us who want to avoid that ought to watch our own language in this respect. That is the only thing that I would say in response. We will debate this later, but the Government are seeking to suppress nobody’s vote. We wish to maximise participation in elections.
Lord Collins of Highbury (Lab)
I hope that the Minister can answer the direct point from the noble Lord, Lord Hayward. Although the noble Lord criticised the operation of the Electoral Commission and spoke about how it might improve, he referenced something fundamental. He spoke about his experience in a country where an electoral commission operated under the direction of a Government who hindered and harmed the opposition. Does the Minister not think that, when we complain to that Government about that electoral commission, today’s action and his speech today will inhibit our ability to criticise that Government?
Lord True (Con)
Absolutely not—and I very much hope not. I come to your Lordships’ House to listen to your Lordships’ House, and I hope every government Minister does just the same. The direct answer to the noble Lord opposite is the one that I gave in my speech—that this Government do not seek to direct the Electoral Commission, and nothing in the Bill contains a power of direction.
Lord Judge (CB)
I am very grateful to everybody who has taken part in this debate. It has been a very interesting debate, with aspects of the issue to which my eyes have certainly been opened.
Noble Lords will not want me to try to address every point made by the Minister, but I shall draw attention to a couple. First, if there are problems with how the Electoral Commission is doing its job, or problems with the extent of its job and the ambit of its responsibilities, what we should do is reform the Electoral Commission. We do that in primary legislation before both Houses, not by a ministerial statement.
Secondly, the Minister said that there was nothing in here that used a direction, because “must have regard to” is not a direction. It is not a direction—but the issue is not merely power but influence, and undue influence. However much one tries to avoid the fact, if the Electoral Commission must have regard to whatever the Minister says, the perception of undue influence is obvious, the fact of undue influence is, I suggest, inevitable, and the truth of the matter is that over the years the Electoral Commission will become more and more dependent on what the Secretary of State’s statement asserts.
Finally, the point I sought to make was that the Speaker’s Committee was fine and good when we had the Electoral Commission exercising the responsibilities it currently has, without the introduction of the new Secretary of State’s statement. But what alarms me—and, I suspect, alarms the House—is simply this: there will be two government Ministers examining the work of the Electoral Commission and checking whether it has complied with, or responded to, the Secretary of State’s statement. Fine: they will be seeing whether their ministerial colleague’s directions, invitation and suggestions have been obeyed. In other words, the Electoral Commission will be judged by somebody in the same Cabinet, or the same party. That is a serious change in the way in which the commission works.
I am sorry to say this but, having listened to the Minister, I am in the same position as PACAC was. Incidentally, PACAC is one of the bodies that the Secretary of State is supposed to consult, but its recommendation has been totally ignored. The Minister has not demonstrated that the proposed measures that we are considering are both necessary and proportionate. Nor has he demonstrated that the risk of
“undermining public confidence in the effective and independent regulation of the electoral system”
has been avoided. For those reasons, among many put forward, although for today’s purposes I shall not press the matter, we shall have to return to this on Report.
Baroness Hayman of Ullock
Member’s explanatory statement
This amendment would probe the provisions which prevent the Commission from borrowing money.
Baroness Hayman of Ullock (Lab)
My Lords, I imagine that, compared with the previous debate, this one will be a lot shorter and sweeter. I tabled the amendment to Clause 17, which, as I am sure noble Lords are aware, deals with criminal proceedings. I am aware that there are other amendments relating to this area that will probe much more deeply the provisions for the police and the institution of criminal proceedings, so I will be brief.
My amendment would make a very small addition to proposed new sub-paragraph (2)(a), and add the phrase “greater than a peppercorn” after the word “money”. It is a probing amendment, which we decided to put forward for discussion because, although we would not disagree with the concept that the Electoral Commission should not borrow money, that is not the issue at all. I wanted to bring this forward, and ask the Minister some questions, to find out why this provision was placed in Clause 17.
The Minister may tell me I am wrong, but my understanding is that the Electoral Commission is already unable to borrow money, so this does not seem to me to be a new policy. Can he clarify that, in case I have got hold of the wrong end of the stick here and there is a particular reason why this clause has been included? I would appreciate some detail on the reasoning behind it. There is legislation that governs other bodies. The one that comes to mind is the Office for Students, which also is prevented from borrowing money. Is the idea behind this that the Government are trying to bring more consistency across legislation, looking at other bodies? Perhaps it needed tidying up. I would be very grateful to know.
On that point, I also ask the Minister whether there are any public bodies that are now in a position to borrow money. I have got a bit confused. If some are able to borrow money, what is the justification for that and for others not being able to do the same? I just want to get a better understanding of this part of the clause.
Lord Stunell (LD)
My Lords, I support the amendment, probing as it is, from the noble Baroness. As she quite rightly said, this in large measure prefigures the next debate we are going to have. I await with interest the answers that we will hear. Particularly in the case of the borrowing power, it seems somewhat otiose to put in a power that has never been exercised in any way at all.
Viscount Younger of Leckie (Con)
My Lords, it seems that it is time for a change of horse—although it is fair to say that the highway that this one is on is broadly the same. On this amendment from the noble Baroness, Lady Hayman of Ullock, I respect her wish to explore the issue; I understand that it is a probing amendment on the question of whether the Electoral Commission can borrow money. I will try my best to answer the questions that have been raised. It is our view, at the outset, that we do not think that this is necessary, but it is of course incumbent on me to explain why.
It is important to note that the Electoral Commission is funded through Parliament each year, following scrutiny by the Speaker’s Committee on the Electoral Commission. The commission submits a main estimate, outlining its required funding for the financial year ahead for approval by that committee, with the estimate then laid before the House of Commons. Should the commission require any further funding for the year, it is able to submit supplementary estimates throughout the year to the Speaker’s Committee on the Electoral Commission as necessary. This could be where project costs have risen for unforeseeable circumstances or for unscheduled electoral events. Given this annual funding through Parliament, and with the ability to seek further funding if required for unforeseen projects or events, it is the view of the Government that the commission therefore does not need to borrow money. I think that is probably what the noble Baroness was seeking confirmation of, and I can confirm it. It is further noted that this restriction has been in place since the establishment of the commission.
On the noble Baroness’s specific question as to why it therefore needs to be in the Bill, I am seeking that answer. It may just be that it is confirmatory and needs to be put in but, if there is anything further to say on that, I will most certainly write to the noble Baroness, as it is a very fair and rather basic question.
On the other public bodies that might be in a position to borrow money—that is, who they are and perhaps to what extent—again, that is something I will need to write on. It may be a very long list or it may be a very short list, but it is a fair point in terms of providing some sort of context to this matter.
I hope that that provides a little reassurance. With that, I ask that the amendment be withdrawn.
Baroness Hayman of Ullock (Lab)
I thank the Minister for his response and look forward to his letter. I thank him for agreeing to write to me so that I have the details of the response. On that basis, I am happy to withdraw my amendment.
Lord Stunell (LD)
I rise to oppose the proposition that Clause 17 should stand part of the Bill.
Clause 17 is a strange animal. In explaining something of the context for new sub-paragraph (2)(a), the Minister did not give me the impression that there is a clear context for its inclusion in the Bill. However, it is much easier to see what it is for when you look at new sub-paragraph (2)(b). The way I see it—perhaps the Minister can tell me whether I have got it wrong—this is, in essence, the wing-clipping clause. Wing clipping leaves the bird looking fine; it just cannot fly. So the Electoral Commission will retain all its plumage and hopefully make all the right noises at the right time, but it will not be allowed to deliver so much as a peck to miscreants, let alone take off and fly. In short, new sub-paragraph (2)(b) removes the Electoral Commission’s right to instigate criminal proceedings.
In our report on this exact matter last year, the Committee on Standards in Public Life looked very hard at the issue, not least because some of the Minister’s friends in the other place had clearly expressed strong views on it. We heard some of the context for that from the noble Lord, Lord Hayward, earlier. If I change the metaphor from birds to football, I could say that the Minister’s friends in the other place objected to the yellow cards that the Electoral Commission issued following the 2015 general election. They wanted to appeal to the FA on the grounds that the referee was biased, did not understand the offside rule and had taken a long time studying VAR before reaching for his card.
The committee heard—indeed, the noble Baroness quoted our evidence—that it had been a very stressful time for some people, not least because there was an extended period of uncertainty and a high risk of reputational damage. Nevertheless, the fact is that offences were committed, breaches of electoral law were found and convictions followed. I might say in passing that, as an amateur agent and candidate multiple times over a period of more than 40 years, it is a stressful time. However, of all the difficulties in understanding and accurately following election rules during that time, I must say that I never found the rule that national and local expenditure should be kept separate particularly taxing or problematic—but they found it to be so.
I recommend that noble Lords take a close look at the CSPL report on this, which I believe they will find balanced and persuasive, although it does not seem to have persuaded the Government. In one particular respect, we recommended that the Electoral Commission should in fact have extra powers to grant permission to parties and non-party and referendum campaigners to pay late invoices or bills from suppliers. That is taking over a function that is currently exercised by the courts. At present, there is a very cumbersome process of applying to the courts for relief if a small mistake—or indeed a large one, although most are very trivial—has been made in paying invoices and bills at the end of an election campaign. That application to the courts is certainly stressful and wholly disproportionate. If stress relief is the aim of this clause, or the Bill as a whole, that CSPL recommendation ought to be included in it—that provision should be there.
One argument that has been advanced and that the Minister may be tempted to deploy is that it is not appropriate for the rule-maker to be the prosecutor of breaches of those laws. Well, quite a lot of people exercise power in situations where they might have a conflict of interest, which has been referred to by my noble friend Lord Scriven. I remind the Minister that the Health and Safety Executive is one of many regulators that do exactly that: it manages the regulations and carries out prosecutions. I further remind him that his noble friend, the noble Lord, Lord Greenhalgh, is about to give the Health and Safety Executive, via the building safety regulator, a hugely extended role in tackling the cladding scandal and the many examples of poor practice in the building industry. It may be too much to expect consistency of approach from two Ministers dealing with two Bills on the same issue in the same week, but, in one case, a regulator is being given a greatly enhanced reach of powers to prosecute and fine, and, in the other, one is having its teeth ripped out.
It may be said that there have not been any prosecutions by the Electoral Commission and you never miss what you do not have. That of course is a completely post hoc position; it would make more sense to deploy that argument if there had not in fact been dirty work at the Thanet crossroads—but the court found that there had been. The evidence given to CSPL was that, in England, the very many different police forces have very different levels of expertise in election law and offences. They were often very hesitant to get involved in complex and possibly highly politically charged cases where there is little by way of case law to guide them and quite a low chance of securing a conviction. I do not know whether the Minister has any evidence to the contrary—has he got chief police constables and police and crime commissioners queueing up to ask him, “Please can we take on more election offences”?—but I have to say that that evidence missed CSPL. So, in the absence of that, what does subsection (4)(2)(b) achieve? As far as I can see, it reduces the chance of a successful prosecution or inquiry.
So, if there is no evidence that the police are gagging to take on more work, the impression that the Electoral Commission’s wings are simply being clipped is strengthened. So I want hear how the Minister expects prosecutions of egregious offences to proceed if this is removed from the system. If the system is to function effectively, the Electoral Commission needs the backstop power to institute proceedings, not least as a spur or lever to make sure that police engage properly in taking action in an area of law where they have traditionally shied away from it.
Although Clause 17 is by no means as dangerous as the earlier ones—Clauses 14 and 15—it is here simply as a piece of red meat to give to disgruntled politicians who had a near miss. It is out of place in a Bill that was once called the “election integrity Bill”—very sensibly, the Government dropped the word “integrity”. I am afraid that it diminishes the power of the Electoral Commission in yet another small way and reduces its capacity to deliver fully and properly on one of its core functions. It runs entirely contrary to the recommendations made by CSPL, which have been delivered to the Prime Minister after a most careful consideration of all of the available evidence. I and my noble friends say that it should come out of the Bill.
Lord Khan of Burnley (Lab)
My Lords, I welcome the noble Lord’s intent to oppose Clause 17 standing part of the Bill and to probe the new restrictions on the Electoral Commission which, in effect, will prevent it instituting criminal proceedings. This represents a significant change in the role of the commission which, until now and since its establishment, has held the power to bring prosecutions against those who break electoral law.
This will no doubt mean that greater responsibilities are left to the police and the Crown Prosecution Service to enforce electoral law. On this, can the Minister confirm whether additional resources, support and training will be provided for this purpose? The transfer of functions away from the commission will also reduce its overall responsibilities and could mean that the positions of some of its workforce are made redundant. Does the Minister expect that any jobs will be lost as a result of these clauses?
Overall, I am concerned that these measures could be short-sighted and form part of a broader attack on the capabilities of the independent Electoral Commission. At a time when democracy is under threat elsewhere in the world, the UK should stand as a beacon for our values and oversight is crucial to that. If the Government can justify this transfer of functions away from the Electoral Commission for the purpose of effectiveness, they will have our support, but given that other clauses in this Bill undermine the independence of the commission, I am sure the Minister will understand our caution over these provisions.
Let us look at the evidence. The Electoral Commission considers that its
“current powers to establish a prosecution function are consistent with those available to many other regulators”
and that the proposed measure would
“reduce the scope for political finance offences to be prosecuted, relying solely on the police and prosecutors having the resources and will to take action.”
It notes that the current low levels of prosecution for a PPERA offence, referencing one in the past 20 years, have “important implications for deterrence.”
Assistant Chief Constable Pete O’Doherty from Thames Valley Police noted:
“the current state of legislation has created a two-tier system with parties and non-parties being investigated and regulated by the commission with civil penalties imposed, while of course candidates and individuals by the police, who will end up with much more severe sentences and even criminal records. Also the relationship between the police and the commission is very strong, and having organisations that apply two very different pieces of legislation is not ideal. For example, it can cause issues in deciding what should be classed as party and what should be classed as candidate expenses, to give you an example.”
The Government note that the CSPL’s recent report on electoral finance regulation did not recommend that the Electoral Commission should be able to develop the capacity to bring prosecutions. They stress that they are
“committed instead to supporting the police as necessary to enforce electoral regulation proactively and effectively and as stated in the Government’s response to the Committee on Standards in Public Life’s report, the local nature of offences under the Representation of the People Act 1983 means that it is sensible for investigations to lie with local forces police, rather than being run on a national scale. The Government will consider further the Committee’s findings and recommendations, including on enforcement of electoral law.”
Finally, I turn to the PACAC recommendations:
“The Government has not clarified whether more resources and training will be provided to the police and Crown Prosecution Service (CPS) and Public Prosecution Service in Northern Ireland (PPS) to investigate alleged criminal offences under PPERA.
… The Government should set out how it will ‘support the police as necessary to enforce electoral regulation proactively and effectively’, as committed by the Government in its letter to the Committee of 7 October 2021, including what resources it will make available to the police to investigate and bring forward criminal prosecutions under PPERA.
… We urge the Government to commit to review, monitor and report on potential criminal breaches under PPERA and their enforcement, which would assist in bringing forward any further legislative changes to either the civil and/or criminal sanctioning regimes. The Government should publish its findings and lay a statement in Parliament every year.
… The Government should also commit to undertaking a review of the civil sanctioning regime for electoral law offences and its interplay with criminal prosecutions under PPERA and the RPA, providing a timetable for consultation and review of the CSPL’s recommendations in this regard.”
On the Government’s response to the PACAC recommendations, we do not think that the Government have not done enough to address the committee’s concerns.
I finish by echoing the words of the noble Lord, Lord Stunell, that, as it currently stands, this is wing-clipping of the Electoral Commission. It is silencing and reducing its power—a theme that we have seen continuously through different groups of amendments in Committee. I look forward to hearing the Minister’s response.
Lord True (Con)
I thank all noble Lords who have contributed to this brief debate and I welcome the noble Lord, Lord Khan, as another member of the team on the Front Bench opposite for this Bill. I look forward to working with him as I do with other noble Lords opposite.
The purpose of Clause 17, which the noble Lord opposes, is not to change anything but to maintain the existing role of the Crown Prosecution Service and Public Prosecution Service in Northern Ireland in bringing prosecutions under electoral law by clarifying the extent of the Electoral Commission’s existing powers.
I remind noble Lords that, when PPERA was passed—and it was an important reforming Bill by a Labour Government that established the commission—Labour Ministers then were absolutely explicit that the Electoral Commission should not have prosecution powers. The noble Lord, Lord Bach—a fine noble Lord—said at the time that the Neill committee, which was the independent committee that had looked into this,
“made clear its view that prosecutions in respect of breaches of the law relating to controls on donations and election expenses should be placed in the hands of the Director of Public Prosecutions and should not be the concern of the commission … the commission does not have that power … the commission will be an enforcement authority but not a prosecuting authority.”—[Official Report, 20/11/2000; col. 631.]
That was what the noble Lord said then, and I agree with him now.
The Explanatory Notes for PPERA clearly state that the Electoral Commission shall have
“a duty to monitor compliance (but not to mount criminal prosecutions).”
That was the basis on which the commission was set up, and all parties at that time assented to that proposition, including the Liberal Democrats.
What has actually changed? The Electoral Commission publicly stated in its Interim Corporate Plan 2020-21 – 2024-25 its intention to develop a prosecutorial capability that would allow it to investigate and bring suspected offences directly before the courts. That was in the aftermath of what some might consider the debacle of the pursuit by the commission of some citizens, which was summed up in by a headline in the Guardian on 14 September 2018:
“Elections watchdog got law wrong on Brexit donations, court rules”.
While the commission considers that current legislation provides scope for it to develop this function, that has never been explicitly agreed by any Government or Parliament. Indeed, as I just suggested to noble Lords, absolutely the reverse was the intention of Parliament when the Labour Government introduced this legislation. It is therefore important to clarify, in the light of the Electoral Commission’s statement, the relevant legislation to make it clear that the commission should not bring criminal proceedings and to put the matter beyond doubt. By doing so, we will avoid the risk of wasting public money as well as the risk of duplicating the work of the prosecution authorities who are already experts in this domain—I agree with the noble Lord opposite that that is where the resources should go.
The clause that the Government propose would add to the Political Parties, Elections and Referendums Act 2000 to make clear the original attention of Parliament that the commission should not bring criminal prosecutions in England, Wales and Northern Ireland. This would not apply in Scotland where there is already a single prosecutorial authority.
The clause will not amend any of the commission’s other existing powers. The commission will continue to have a wide range of investigatory and civil sanctioning powers available to it, and it will remain able to refer criminal matters to the police, as is currently the case. We must not forget that, as the noble Lord, Lord Stunell, himself reminded us, the commission has never brought a criminal prosecution to date, although it may be talking of wanting to develop that role. Clause 17 merely retains that status quo in practice, so our measure will not add a burden to the prosecution authorities or lead to fewer prosecutions.
The proper place for criminal investigations and prosecutions lies with the experts in this domain—namely, the police and prosecution authorities. That is in line with the Regulating Election Finance report by the Committee on Standards in Public Life, which found that there was no evidence or support for allowing the regulator to develop a prosecutorial ability in order to increase the number of prosecutions. The proper place for criminal investigation and prosecution is with the police and the Crown Prosecution Service, and the Public Prosecution Service in Northern Ireland. These are the experts. Having the commission step into this space is unnecessary.
I draw the Committee’s attention to the Crown Prosecution Service’s evidence to the Committee on Standards in Public Life in July 2021, when it stated that
“the CPS deals with criminal offences under the RPA and criminal charges under PPERA, while the Electoral Commission has civil powers to deal with PPERA cases. We assess this is an appropriate division. There are important prosecutorial functions that the CPS has vast experience of, and expertise in, including police PACE processes, adherence to CPIA legislation and to disclosure rules … In our view”—
this is the CPS, not the Government—
“a criminal-civil divide provides a good level of precision … Any unintentional blurring of the lines would be counter-productive.”
I think that is advice from prosecutorial authorities who know what they are doing.
We are committed instead to supporting the police as necessary to enforce electoral regulation proactively and effectively. For that reason, I urge the Committee to resist this opposition to the clause. If your Lordships were to follow it, it might encourage the Electoral Commission to develop this function. I think the existing practice should be maintained, and therefore I urge that Clause 17 should stand part of the Bill.
Lord Rennard
“Fines for electoral offences
(1) The Political Parties, Elections and Referendums (Civil Sanctions) Order 2010 (S.I. 2010/2860) is amended as follows. (2) In Schedule 1, paragraph 5, for “£20,000” substitute “£500,000, or 5% of the total spend by the organisation or individual being penalised in the election to which the offence relates, whichever is greater”.”Member’s explanatory statement
This new Clause would allow the Electoral Commission to impose increased fines for electoral offences.
Lord Rennard (LD)
My Lords, one of the problems with the Bill is that the Government failed to make any changes at all to their proposals when the Committee on Standards in Public Life published its recent report, Regulating Election Finance. The whole purpose of setting up the CSPL was to meet Sir John Major’s aim of cleaning up the reputation of politics, including political finance. It now seems that the Government want not only to control the watchdog responsible but to make sure that it has no teeth. I believe the Government have a significant conflict of interest in this matter.
The CSPL report recommended that the Electoral Commission should be able to levy increased fines for serious electoral offences. It proposed a comprehensive package of measures to improve enforcement, which included decriminalising some offences and addressing an enforcement gap in the regime covering candidate spending. There are some matters that are best dealt with by regulators such as the Electoral Commission, which must be able to enforce fines, rather than necessarily by the police and criminal courts. As the commission itself says, there could be more proportionate ways for the commission to deal with breaches of political finance law.
Lord Young of Cookham (Con)
My Lords, I wish to speak to Amendment 19 in my name, which has been grouped with Amendment 18. When I tabled my amendment, I did not realise I had been gazumped by the noble Lord, Lord Wallace of Saltaire, who had the same objective as me but had put a significantly higher price on it, of £500,000 instead of £50,000. I will add a brief footnote to the case made by the noble Lord, Lord Rennard.
I have two interests in this. The first is that I was the opposition spokesman on the original legislation to set up the Electoral Commission over 20 years ago. My party fully supported the establishment of an independent body to monitor elections in this country and, as a corollary, the need to give it powers to carry out its functions and to deter behaviour that undermined the integrity of the electoral process. My view is the same and, although the Electoral Commission has not got everything right, I do not join those who seek to undermine its independence, as we heard in earlier debates.
My second interest is as the immediate predecessor to my noble friend as Minister with responsibility for the Cabinet Office in your Lordships’ House and, in particular, responsibility for answering questions from the noble Lord, Lord Wallace, and others, about the powers of the Electoral Commission. Indeed, my DNA may still be on the folder in front of my noble friend.
Both experiences lead me to the view that the original powers to fine, untouched since the Act was passed, need updating to reflect what has happened in the intervening period, not least the erosion in the value of money.
Looking through the exchanges on which I took part on this very subject, I see that on 28 March 2018, in response to a Question from the noble Lord, Lord Hunt of Kings Heath, I said:
“On the specific question of the £20,000 fine, the noble Lord is correct that the Electoral Commission has expressed concern in the past that this might be regarded as simply the cost of doing business, and it is making representations that it should be enhanced to a higher level. The Government are considering those representations and, alongside any other recommendations that come out of the investigation currently under way, we will then consider what further action to take.”—[Official Report, 28/3/18; col. 833.]
On 28 June that year in response to a Question from my noble friend Lord Cormack I replied:
“My noble friend will know that the Electoral Commission has made requests for legislation, particularly to increase the sanctions that are available to it.”—[Official Report, 28/6/18; col. 240.]
Also, on 17 July that year in response to Lord Tyler—whose participation in these debates we all miss—I said:
“On the question of legislation, as I have said, we are currently considering whether the Electoral Commission should have more powers; we know that the commission wants the maximum fine to be increased from £20,000 to a higher level”. —[Official Report, 17/6/18; col. 1141.]
I am now free to express views that were at the time constrained by the rules of collective responsibility—which I stretched from time to time but I hope never broke. I fully expected on the briefing I had received that, when we legislated on the Electoral Commission, we would increase the maximum fine available.
The amendment from the noble Lord, Lord Wallace, reflects the recommendation of the CSPL. We should attach weight to that body because its first report led to the establishment of the Electoral Commission, and it has a paternal interest in its well-being. It recommended a maximum fine of £500,000 or 4%, which the noble Lord, Lord Wallace, has generously rounded up to 5%. My amendment is more modest, seeking simply to retain the value of £20,000 to take account of inflation and rounded up modestly.
It is worth digging into the CSPL report to find out why it came to this decision. The Electoral Commission itself gave written evidence, saying:
“Recent research indicates that the public believe that fines for breaking political finance laws are too lenient, given the amount of money that could be spent on campaigning. More than half of the respondents (52%) in our regular tracking research carried out in early 2020 said that a £20,000 maximum fine was not high enough. Only 27% felt that it was about the right amount”.
Although my party gave evidence the other way, the Committee on Standards in Public Life was robust in its conclusion.
My noble friend quoted with approbation the views of the CSPL in an earlier debate, and I will quote what it said on this subject, at paragraph 9.79:
“We consider that an effective regulatory system must be backed by strong sanctions. The prospect of significantly greater fines will act as an incentive to ensure that parties and campaigners put in place robust systems to ensure that the requirements of electoral law are complied with. For anyone contemplating deliberately breaching the law, it should give pause for thought. It seems that the Commission’s powers have fallen behind equivalent regulators such as the Information Commissioner’s Office and we have concluded that this should be redressed”.
I agree. Finally, it went on to say:
“We support the recommendation made by the House of Lords Democracy and Digital Technology Committee that the maximum fine the Electoral Commission may impose should be increased to 4% of a campaign’s total spend or £500,000, whichever is higher”.
I do not want to hark back to earlier debates, but it seems that this is further evidence of government antipathy towards the Electoral Commission. I hope my noble friend will be able to persuade me that this is not the case.
Baroness Jones of Moulsecoomb (GP)
My Lords, it is quite sweet to have these two amendments in the same group. I am sure the noble Lord, Lord Young of Cookham, knows which one I prefer.
Clearly, you have to make the political parties pay attention. At the moment political parties face higher fines for data protection breaches than they do for breaking election law, which is really inappropriate. The risk is that fines for breaking election law just become part of the cost of doing business for political parties, especially those with the deepest pockets and richest donors. That is clearly not the Green Party, but it could be other political parties represented in this Chamber.
Amendment 18 would mean that the penalties for breaking election law would actually hurt the law-breakers. It follows the same logic as the general data protection regulations by implementing proportional fines so that big organisations have to pay attention.
Lord Stunell (LD)
My Lords, I rise to support my noble friend and Amendment 18 and to thank the noble Lord, Lord Young, who, once again, trumps everybody by having been the Minister, which is a bit of a theme in the debates he has contributed to that I have heard. He is all the more welcome for that, and I hope that in due course his DNA may reappear on the ministerial file so he can complete the job.
I think the case has been made very clear. In fact, the noble Baroness from the Green Party, whose name has just evaporated—the noble Baroness, Lady Jones, I do beg her pardon—made the clear comparison between the fine a party might get from screwing up on its data protection and the fine it might get from screwing up on its election expenses. I think any ordinary member of the public, and indeed any rational Member of this House, would think that if one offence were worse than the other, the election offence is surely the more serious. I hope we shall hear that, subsequent to the new Minister picking up the file, he has been able to talk to the relevant officials who decide these things on his behalf and will be able to give us some idea that the Government will produce their own amendment on Report, or perhaps will assist the noble Lord, Lord Young, in tweaking his, so that it is at an acceptable level for his officials to approve.
I want to make the case that we and my noble friend Lord Rennard set out very clearly to make this proportionate to the fines and the impact that other regulators can have on the behaviour of the organisations they regulate. This may not be entirely in the best interests of those of us in this room, because it could be our political parties that end up paying significant amounts of money. That, of course, is the trouble, because whether the turkeys will vote for Christmas is always a difficult question to answer. Actually, it is an easy question to answer, but how do you overcome the natural reluctance there is to impose on ourselves the burdens that we willingly impose on other people when they offend regulatory standards?
I hope to hear something from the Minister. If he cannot come in at £500,000, could he at least, for goodness’ sake, come in at £50,000 and give those of us here who think this system urgently needs uprating some glimmer of hope that progress is being made?
Lord Khan of Burnley (Lab)
My Lords, I first say how much I am enjoying hearing the noble Lord, Lord Young of Cookham, expressing his views in an unconstrained manner. I am also glad that he still has his DNA all over this folder, which means there are some valuable contributions.
The amendments in this group, which would have the effect of increasing the fines the Electoral Commission can apply, raise the question of how the commission can effectively deter non-compliance. This is an especially pertinent question given that the Bill removes its power to institute criminal proceedings.
In the past year alone, the commission has investigated close to 40 different parties, individuals and campaigners. Many of these investigations have led to fines. These include penalties totalling almost £18,000 to the Conservative Party for failing to deliver accurate quarterly donation reports and failing to keep accurate accounting records. In the most recent recording period, however, there seems to be no instance of the commission imposing the maximum fine. Can the Minister confirm how many instances there have been of the full £20,000 fine being applied?
The amendment of the noble Lord, Lord Wallace, raises the possibility that the fine could equal a percentage of the total spend of the organisation—a point that the noble Lord, Lord Rennard, and the noble Baroness, Lady Jones of Moulsecoomb, have raised in relation to bringing it in line with the fairness of other organisations, such as GDPR and the Information Commissioner’s Office. This is significant in relation to raising the possibility of the equal percentage of the total spend of the organisation, because a number of smaller parties have received fines that are as large as the main parties’ fines. I look forward to hearing the Minister address the concerns raised by noble Lords in this group in particular.
Viscount Younger of Leckie (Con)
My Lords, I am happy to respond to Amendments 18 and 19, which were spoken to very eloquently by the noble Lord, Lord Rennard, and my noble friend Lord Young of Cookham.
I start by saying that I am aware that the Committee on Standards in Public Life recommended as part of its report, Regulating Election Finance, that the Electoral Commission’s fining powers be increased to 4% of a campaign’s total spend or £500,000, whichever is higher, as was mentioned during this debate. This proposal mirrors the amendments in their intent to raise the fining powers of the commission beyond its current limit.
First, we should differentiate between civil and criminal cases. The Government’s view is that the commission already has adequate powers to impose civil sanctions on political parties and non-party campaigners up to £20,000 per offence—and I underline “per offence”. Criminal matters can be, and are, referred to the police and, in certain cases, taken to a criminal prosecution. The courts have the power to levy unlimited fines for some offences and, as the Committee is probably aware, to impose custodial sentences where appropriate.
As set out in the Government’s response to the Committee on Standards in Public Life’s report, any extension of the commission’s fining powers would need to be considered carefully to assess its necessity and proportionality. This is because it is vital that they are an effective deterrent but do not cause a chilling effect on electoral participation and campaigning. I will say more about that, because a point was made, particularly by the noble Lord, Lord Rennard, about a comparison with the Information Commissioner’s Office. Any direct comparison with the fines that can be issued by the ICO should note the clear differences between the two regulators and the types of entities they regulate. I understand his point in making the comparison, but political parties across the spectrum are not global corporations. I am pleased that the noble Baroness, Lady Jones of Moulsecoomb, has popped in for this last group. I am sure the Green Party aspires to be global, but I hope I do not offend her by saying that it is not at the moment.
Baroness Jones of Moulsecoomb (GP)
I will just say that there are Greens all over the world, and I have not popped in just for this last one—I have been here several times today for different groups.
Viscount Younger of Leckie (Con)
I have been corrected on two points, and I am glad that the world is full of Greens, I am sure, doing a lot of very good work.
There are over 350 political parties currently registered with the Electoral Commission, and many are predominantly made up of volunteers. While it is vital that the sanctioning regime is effective, it needs to be ensured that such deterrents do not cause a chilling effect on electoral participation and campaigning.
I have more of a general point to make, which I think chimes with the views expressed during this very short debate, following up on the Committee on Standards in Public Life’s recommendations. The Government are committed to making sure that elections are secure and fit for the modern age. As part of this, we keep the Electoral Commission’s role, powers and regulation under review regularly to ensure that it is able to discharge its responsibilities effectively and that electoral law can be upheld in the most effective manner.
As part of further work looking at the regulatory framework for elections beyond the Elections Bill, the Government intend to look at all the recommendations of the report by the Committee on Standards in Public Life, alongside similar reports. These include a forthcoming report from the Public Administration and Constitutional Affairs Committee into the work of the Electoral Commission.
Regarding the question about statistics, which was raised by the noble Lord, Lord Khan, I will have to write to him about how many times the £20,000 has been levied. However, the fact that he says it has not been used lately suggests that there is not an urgent need to raise it. I have attempted to answer the question on raising the amount. I appreciate the points raised. I am afraid that for this evening, at this late hour, being a Scotsman, it is not £50,000, or even £500,000. It remains at £20,000.
However, for these reasons, I hope that the House will accept my explanations. I ask the noble Lord to withdraw his amendment.
Lord Rennard (LD)
I thank the Minister for his kind remarks at the outset of his reply. I might have hoped that the notes in his folder were still those of the noble Lord, Lord Young of Cookham, as opposed to the ones that he read out this evening, since I suspect that they might have been slightly different.
All the debates today have shown that the House overwhelmingly wants to have an election watchdog, and wants it to be independent and effective. The Committee, and the whole House in due course, will have to return to the issue of the role and powers of the Electoral Commission, in particular the report on election finance by the Committee on Standards in Public Life. I was surprised that the Government committed just now to looking at those recommendations; they should have been looking at them in time for them to be considered in the passage of this Bill. That might have assisted us all.
However, the hour is now late enough. We will return to these issues in due course so, on that note, I beg leave to withdraw the amendment.
Elections Bill
Tuesday 15th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-III Third marshalled list for Committee - (15 Mar 2022)
Lord Holmes of Richmond
“The role of the Electoral Commission: accessibility of the vote
(1) Within 3 months of the passing of this Act the Electoral Commission must publish a plan to ensure the accessibility and inclusivity of every vote, including—(a) how such accessibility and inclusivity will be audited and assured, (b) examples of good practice on the part of returning officers from previous votes in terms of accessibility and inclusivity, and(c) what action will be taken if such accessibility and inclusivity is found not to have been delivered.(2) The Electoral Commission may revise the plan from time to time and publish any such revisions.(3) The Electoral Commission must have regard to the most recently published plan under this section in the exercise of its functions.”
Lord Holmes of Richmond (Con)
My Lords, it is a pleasure to begin day two of the Elections Bill, and to move Amendment 20 and speak to Amendments 120 and 122 in this first group. I give more than a nod to Amendment 119, but I shall not trespass on it—I shall leave it to the noble Baroness when she rises to speak.
I am grateful to my noble friend Lord True, the Minister, for the time he spent pre-Committee discussing some of the elements around accessibility. He has shown kindness and courtesy and given his time in all the meetings we have had to date. I am also grateful for all the briefing and support we have had, not least from the RNIB.
My three amendments address one simple issue: the accessibility, inclusivity, independence and secrecy of every vote cast. That is simple and straightforward and, I hope, achievable. I shall not give a Second Reading speech, but I shall just give two very brief examples of why I believe we need these amendments. The examples come from the testimony of blind people who, helpfully, got in contact with the RNIB. One person said that when they were voting, the booth was close to the queue and they had to say out loud to the person with them the candidate they wanted to vote for—and they heard from someone in the queue a loud sigh at their choice. Similarly, a second person said that they knew that the person helping them was of a different political persuasion. With the best will in the world, how could they know that that person had voted in the way they had asked them to? That is the purpose of the amendments. As we come to celebrate 150 years of the Ballot Act, the ability of all the electorate, not least blind and visually impaired people, to vote independently and in secret would seem to be something that all noble Lords would want to get behind.
Baroness Lister of Burtersett (Lab)
My Lords, I support these amendments, so ably introduced by the noble Lord, Lord Holmes. I will speak to Amendments 119 and 120 in particular, but I must first apologise for not having contributed at Second Reading because of a pre-existing engagement.
I am at a genuine loss as to why the Government appear to have dug their heels in against an amendment along the lines of Amendments 119 and 120, with such an amendment being rejected in the Commons. They claim to have been listening to civil society when developing the Bill’s provisions, yet it is clear that civil society organisations of and for disabled people, while welcoming the new broader provision in the Bill, are very concerned about the dropping of the specific provision for the effective voting rights of blind and visually impaired people. Examples include the oral evidence to the Public Bill Committee given by the head of policy at Disability Rights UK, evidence to the Public Administration and Constitutional Affairs Committee, and a series of briefings from the RNIB.
No one is disputing the value of having a broader protection to cover disabled people more generally, but why does it have to be either/or rather than both/and—that is, both the more general protection and the specific protection that it has long been recognised blind and visually impaired voters need, albeit updated to be more effective than the existing provision that, as we have already heard, leaves all too many blind and visually impaired voters humiliated when they try to vote independently?
The only argument the Government seem to have is that the kind of specific provision that would be provided in these amendments is, in the words of the Commons Minister in the Public Bill Committee, “needlessly prescriptive” and an “unnecessary obstacle to inclusion”. But the RNIB is clear that this is not so. Amendments 119 and 120 both refer to equipment without specifying what that equipment should be. How is that prescriptive? Can the Minister please explain? Prescription is left to secondary legislation, which can easily be amended.
I understand that the RNIB has been working with the Cabinet Office on how to improve voting accessibility and that officials have met with it to discuss concerns about the Bill. The Minister in the Commons confirmed that they had seen the evidence presented by the RNIB but said:
“We do not expect the outcomes that the RNIB has outlined to necessarily be the case.”—[Official Report, Commons, Elections Bill Committee, 19/10/21; col. 235.]
Why do the Government believe they know better than those with day-to-day experience of the issues involved? That is not a rhetorical question; I would appreciate an explanation from the Minister. If they do not believe the predicted negative outcomes to “necessarily be the case”, the implication is that they accept they might be the case. Surely on the precautionary principle used to justify the introduction of voting identification—which will create its own problems for disabled people, as I am sure we will discuss on Thursday—the Government should listen to the warnings of the RNIB and other disability groups.
In the interests of inclusive citizenship, I hope very much that the Government will think again, accept the spirit of these amendments and bring forward their own amendment on Report.
Lord Kerslake (CB)
My Lords, I would like to lend my support for the amendments in this group. Interestingly, the Bill says that its purpose is
“to strengthen the integrity of the electoral process”
but not its inclusivity. That is a gap that pervades the whole Bill, and we will return to it in subsequent debates.
In this specific instance, there is a significant gap indeed—you have only to read the RNIB briefing to see the extent of it. It identifies the scale of the challenge, with 250 people starting to lose their sight every day, and its serious concerns that the Elections Bill weakens protections for blind and partially sighted voters at polling stations. It seems to me surprising, if not unconscionable, that we will be approving legislation that the RNIB believes weakens protections.
It is doubly concerning given that, as the noble Baroness, Lady Lister, has said, there are plenty of opportunities to improve access through technology. There are pilots that have proven to be successful.
I find it difficult to understand why the Government would resist these amendments, which seek to keep the innovation within the system but maintain the protections. That ought, after all, to be what we seek to do here. If the outcome of this legislation is that those who are blind or partially sighted feel that their opportunities to vote independently and in secret are diminished, and that their protections are diminished, something has gone very badly wrong in our consideration of legislation.
Lord Thomas of Gresford (LD)
My Lords, Article 29 of the United Nations Convention on the Rights of Persons with Disabilities mandates all countries to
“guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others … ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand”.
It further emphasises
“the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation … facilitating the use of assistive and new technologies where appropriate.”
In November 2018, the European Blind Union published its Report on the Accessibility of Elections for Blind and Partially Sighted Voters in Europe, in which it reviewed the provisions of facilities. It looked at the methods of voting in 45 countries in Europe and emphasised the core values of equality, independence and secrecy of the vote, which speakers have already referred to. The report found that
“paper-based voting in itself is not accessible to most BPS voters. A blind voter is not able to identify different elements on the ballot and independently mark the preferred option or options on the ballot.”
As for partially sighted voters,
“adequate font sizes and contrast values on the ballot as well as magnifying glasses in the voting booth and good lighting conditions”
can help.
Last year, with my limited vision, I could not read anything printed. I could just about read backlit text on a laptop or iPad, but only in reverse-contrast and with the aid of a magnifying glass. In any event, I could not read election literature—not that I really needed or even wanted to do so. I could have voted, I suppose, with the aid of my wife, the noble Baroness, Lady Walmsley, but could I trust her to put my cross against the Liberal Democrat candidate?
Lord Thomas of Gresford (LD)
Thank God. The EBU report is an exhaustive study of the methods used in European countries. In Russia, you can have an assistant to vote in a polling booth; they cannot be a candidate or a member of a political party, surprisingly enough—perhaps the man with the Kalashnikov on the door will suffice. The local election commissions in Russia submit information on the number of BPS voters in the territory and, depending on need, stencils—TVDs—are produced and distributed to some polling stations. It is not difficult, though, if there is only one hole into which you can place your cross.
Lord Harris of Haringey (Lab)
My Lords, I rise very briefly in support of this group of amendments. I will speak briefly as I was not able to participate in the Second Reading debate.
Looking at the Bill in its entirety, it is pretty clear why most of the various elements are contained within it. I hope that the Minister will not find it pejorative if I suggest that this is because they convey an advantage in one particular direction rather than another. I look at the provisions in the Bill for blind and partially sighted people and I wonder, “What is it that blind and partially sighted people have ever done to the Conservative Party?” Because, in its existing form, the Bill reduces and diminishes the rights that blind and partially sighted people have in terms of casting their vote independently and in secret.
So why was that? There are various reasons. It could be that, in an excess of zeal to extend the rights of disabled people more generally, somehow this was a mistake, and they did not intend to take away the rights of blind and partially sighted people but simply wanted to put in an additional, rather than a replacement, provision for disabled people. If so, that is clearly a mistake, and no doubt when the Minister rises, he will say, “Yes, it was a mistake and we’re going to correct it”.
The other concern may be that, as I understand it, the Government have lost two court cases on precisely this principle: whether they are meeting their existing obligations. So maybe this is about cost. In which case, I hope that the Minister will recognise that to deprive certain categories of people of their vote because it will cost too much to make the necessary provision is inappropriate.
So I hope that the Minister when he responds will recognise that the amendments put forward by the noble Lord, Lord Holmes, are entirely sensible—they remedy what I hope was an accidental change introduced by the Government that would diminish the rights of blind and partially sighted people—and that he will accept them, or one of the other amendments before us today.
Lord Low of Dalston (CB)
My Lords, I have here a speech in support of the case which has been deployed already with great eloquence by a number of speakers— I think that we are up to three or four already—so I think that the best service I can perform for the Committee is not to read it out. The argument for amending the Bill to underwrite the case for inclusion and accessibility in the voting process, particularly for blind and partially sighted people and people with disabilities, has been very strongly articulated. That being so, it is incumbent on the Government to take particular note of what has been said and respond to the call for reinforcing the accessibility and inclusiveness of the electoral process, in particular for people with disabilities and people who are blind or partially sighted.
Lord Cormack (Con)
My Lords, if an amendment has been tabled by the noble Lord, Lord Blunkett, and my noble friend Lord Holmes of Richmond, moved briefly but eloquently by my noble friend, and now endorsed by the noble Lord, Lord Low of Dalston, we do not really need to say any more, do we?
We talk about the expertise of this House. Here we have three of our most respected Members, who themselves have overcome so many of the difficulties of being blind. They can speak with a measure of experience that none of us can begin to emulate. I hope that my noble friend will give a very brief summing up and say, “Yes, we accept what has been said by those who truly know what they’re talking about”—and then we will move on.
Baroness Jones of Moulsecoomb (GP)
We do not really need to say much more, but I think I might try. I want to add a little layer of shame if I possibly can. I would like to know from the Minister why the Government are denying democracy to a section of society. That is exactly what is happening here. If blind and partially sighted people cannot see to vote properly or cannot vote in privacy, that is denying them democracy. My question, first, is: why? Secondly, why did the Government not put something like this in the Bill anyway? We have an ageing population—this section of society is going to get much bigger—so it is absolutely necessary.
The last thing I will say is that, if the Government insist on bringing forward these awful Bills, we will insist on trying to amend them. It is down to the Government. If they do not want to listen to us, they should bring us better Bills.
Lord Scriven (LD)
My Lords, it is slightly disappointing that the Committee is having to debate this issue in this way. Will the Government listen? This is not a party-political issue; it is an central issue that is vital for all, so that all are afforded a secret, independent vote that is accessible and inclusive. It is interesting that a number of noble Lords, such as the noble Lords, Lord Holmes and Lord Low, and my noble friend Lord Thomas have spoken about their experiences. That is more important to listen to than issues to do with what a returning officer might or might not see as reasonable.
We on these Benches support the amendments, particularly Amendments 20 and 119, because they are about providing a prescribed piece of equipment across the country. It does not matter whether you are in Southend, Sheffield or Sunderland: there should be prescribed equipment, as now, that leads to independent, accessible and inclusive voting.
The impact assessment that the Government have provided points out that the Electoral Commission will provide a list, but it goes on to say that returning officers do not have to buy from that list. We could be left with a situation where some returning officers—I hope not many—see it as reasonable not to provide equipment, and there would be a legal argument that it was not reasonable to provide any extra equipment.
It is really important that there is something about prescription in the Bill. As other noble Lords have said, that could be written into secondary legislation. Amendment 122 from the noble Lord, Lord Holmes, is really innovative because different equipment will be needed as technology moves on, but the fact that it is prescribed means that it can be changed quite easily in secondary legislation and then prescribed for every polling station across the country.
I ask the Minister, first: what would prevent it being seen as reasonable for no equipment to be required in a polling station? Would that be deemed illegal in the way the Bill is written? Secondly, if you are partially sighted or blind, what would the difference be, whether you vote in Southend, Sheffield or Sunderland, in having different equipment? It should be prescribed, it should be the best and it should be on the recommendations of civil society, in consultation with the independent Electoral Commission, to determine what is required.
Baroness Hayman of Ullock (Lab)
My Lords, this has certainly been an important debate. I thank the noble Lord, Lord Holmes, for his extremely comprehensive introduction to his amendments. It is really important to this debate for those of us who are not blind or partially sighted to hear exactly what the situation is for some noble Lords. We on these Benches are very happy to support his amendments. I also thank the RNIB for its time in meeting me to discuss the situation and for its very helpful briefings. The noble Lord also mentioned the RNIB’s work on this.
I tabled my amendment because the Bill provides an opportunity to make some much-needed improvements so that voting is more accessible for everyone. Although that is the stated intention in the Bill, the RNIB and blind and partially sighted Members of this House have raised concerns, as we have heard, that the wording in the proposed legislation is inadvertently—we hope it is inadvertent—reducing the legal protections for blind and partially sighted people.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I thank all those who have spoken in what has been a very welcome debate. I am sorry to disappoint those who wish to characterise the Government as hard-faced on this matter. I hope I will be able to convince your Lordships of quite the reverse; we are interested in further conversations.
These amendments, which I agree were very ably introduced by my noble friend Lord Holmes and spoken to by others including the noble Baroness, Lady Hayman, relate to the accessibility of elections for people with disabilities and the measures in the Bill aimed at improving this. We accept the principles put forward I thought so cogently by my noble friend Lord Holmes—inclusion, accessibility, independence and secrecy. Those are things that all of us would wish to strive for. As the noble Baroness and others recognised, not all of those are currently catered for.
I wish to highlight that the measures introduced by the Bill actually respond to findings from our 2017 call for evidence Access to Elections which raised concerns that the prescription of assistive devices in law can be an obstacle to innovation and wider inclusion. The Government are clear, as I think was also widely agreed in the debate, that a one-size-fits-all approach cannot ensure that appropriate support is delivered by returning officers to all disabled voters, whether they are blind and partially sighted or have a different disability. It is for this reason that we consider it absolutely necessary that we make provision to extend support to wider groups of disabled voters. I am pleased that the spirit of the amendments broadly agrees with this principle and the ultimate goal of making elections more accessible for all people with disabilities. Contrary to the assertion made by the noble Lord, Lord Harris, that is our objective.
Two of these amendments, those from my noble friend Lord Holmes and the noble Baroness, Lady Hayman, would require the Government to prescribe in law equipment or a set of equipment for blind and partially sighted voters, in addition to widening support to other disabilities. I listened carefully to what they have to say and will continue to do so. The Government have engaged positively with the RNIB. I assure the House that my colleagues in DLUHC continue to engage with it regularly, and it remains a crucial part of the Accessibility of Elections Working Group. It expressed concern that the approach taken in the Bill might result in a loss of protection for blind and partially sighted voters, but I emphasise that this should not and will not be the case under the approach we propose. This protection will remain, but the form in which it is provided will be improved and allow for more and better solutions to be developed.
Lord Harris of Haringey (Lab)
I do not want to interrupt the Minister while he is in full flow, but his description of the way money flows to local authorities applies to a new provision. This is removing an existing provision: that is the distinction. Why are the Government removing a provision? Is it because they lost two court cases and were told they should be doing more?
Lord True (Con)
No, my Lords; the reality is that the current position is confined and the Government are seeking to move to a future where a range of assistance is available. Again, in my submission, the noble Lord does not characterise the position correctly. As for his allusion to court cases, everybody who has some knowledge of these proceedings knows very well that there was a court case in 2019, which is a matter that the Government must address and are addressing.
Lord Scriven (LD)
I must press the Minister here. Following on from what the noble Lord, Lord Harris, said, the impact assessment is very clear. Under this policy, there are no direct costs because returning officers
“will be able to buy the equipment they think best”
suits
“those with disabilities … by removing the requirement to buy a specific device.”
That is what the impact assessment says. There is no extra money: money will be moved from the prescribed equipment to what the returning officer sees fit.
Lord True
My Lords, we are seeking to move to a better, more flexible and more complete approach for blind and partially sighted people, and others. I repeat what I said to the House: if new burdens flow from these proposals, long-standing government policy will apply. We have heard, not from the Government at this Dispatch Box but from others who have spoken, that the specific equipment available today does not suit every circumstance. It is reasonable, therefore, to engage in the kind of open discussion we are having, and which I welcome. If I am allowed to make progress, I will say a little more about what the Government hope to do.
Baroness Hayman of Ullock (Lab)
My question was really about the cost of the system trialled in Norfolk and whether the problem was that it was prohibitive. My understanding was that it would be spread out nationally, and I wanted to know why that did not happen and whether cost was an element.
Lord True (Con)
I do not believe that was the case but I am not briefed on the specific point. I will of course give the noble Baroness an answer on that.
There are many things in the Bill on which we disagree, and I am conscious that there will be hard and difficult debates with the Government, and I will be very much in the dock on a number of things. I understand the suspicions and concerns that have been raised, but I beg to persuade the House, not only today in Committee but in further conversations I hope to have with noble Lords, that the Government’s earnest here is not to confine but to extend what is available to disabled people and to blind and partially sighted people.
The amendments as drafted would be prescriptive and would provide for specific equipment to be legally required in over 40,000 polling stations across the United Kingdom. This might ossify the position on equipment provided and could take away the opportunity to provide equipment that people want and need, which is the aim of the more tailored approach introduced by these measures.
Additionally, it is important to be mindful that, as my noble friend Lord Holmes reminded us in opening, being able to “vote without any need for assistance” can mean different things to different people, as the act of voting could be seen to include various actions, from knowing the candidates to marking the ballot or placing the vote in the ballot box. Identifying a device or combination of devices that would enable every single blind and partially sighted person to complete every step in the voting process securely and without assistance would be hard.
The Government are absolutely clear that we do not want the changes to be a postcode lottery of support. The new requirements—this is important, and I note the amendments put forward by my noble friend—will be supported by Electoral Commission guidance. That will be developed in conjunction with expert organisations representing a wide range of disabled people and will provide a clear and consistent framework for returning officers to follow. The Electoral Commission will also include this in its performance standards for returning officers to ensure accountability in the delivery of the new policy.
Lord Scriven (LD)
Clearly, the Minister has not read the impact assessment. It makes it clear that the list will be provided but says:
“nor is there a requirement for”
returning officers
“to choose from this list specifically.”
Therefore, the list is not a guarantee of a minimum standard across the country.
Lord True (Con)
My Lords, I have said that the Government anticipate a very important role for the Electoral Commission. During our first day in Committee —a long day, which I welcomed—your Lordships expressed profound respect, which I share, for the Electoral Commission. I suggest that the role there should be for the commission in overseeing the development of this important aspect of policy should give your Lordships rather more faith in the future than the noble Lord, Lord Scriven, seems to have.
Lord Scriven (LD)
It is not the Electoral Commission but the Government’s own impact assessment which says that the returning officers do not have to buy from the list which will be provided by the commission. This is a government impact assessment and nothing to do with the Electoral Commission.
Lord True (Con)
My Lords, the Government’s desire and wish is that all people who wish to vote and have voting accessible to them will have the best provision that fits them individually. I note, if I may continue, that the amendment tabled by my noble friend Lord Holmes relates precisely to this point of the support that the Electoral Commission will provide for the policy. As I have said, the Government are working very closely with the commission in this area and we are confident that it will be able to support the policy in a way that benefits all disabled people. That said, I am therefore sympathetic to the desire behind my noble friend’s amendment. Having heard what other noble Lords said, I would welcome further discussion, with a view to coming to a shared position on the role of the commission during the Bill’s passage.
Finally, Amendment 122 would require the Government to conduct a competition to identify technological solutions to support disabled voters. As the noble Lord, Lord Thomas of Gresford, said, this is a challenging and interesting idea. I would say that this is absolutely in the spirit of the policy. We want to promote innovation and development in this area—something that has been all too lacking in recent years. Although it is not something we would instinctively want to require legislatively, a tranche of measures will support the ongoing implementation of the policy. I remain open to further discussions in this space also.
In conclusion, I have welcomed the debate and, as I have noted, we share a joint aim to improve the accessibility of elections. Therefore, I look forward to continued discussion on how best this might be done. For the reasons outlined earlier, we cannot keep the specific prescribed equipment we have now in legislation—nor would we want to do this, as it is not the best way to support all disabled voters—but we recognise the concerns raised and the sentiments behind the amendment and I remain open to conversations between now and Report. With that undertaking, I hope my noble friend will feel able to withdraw his amendment.
Lord Holmes of Richmond (Con)
My Lords, I thank all noble Lords who participated in this afternoon’s debate. It is invidious to single out any noble Lord in particular, but in the contribution of the noble Lord, Lord Thomas of Gresford, we got a very helpful and detailed insight into some international comparators, which I hope my noble friend the Minister will find helpful as we go for further discussions and deliberations on this point.
There is something I should have mentioned at the start: in my excitement to get started I should have given my apologies for not having been able to speak at Second Reading due to a prior meeting. Also, at least as importantly, I should have paid my respects to the noble Lord, Lord Blunkett, who kindly supported my amendment and is unable to be here in Committee due to a private engagement speaking to several groups of schoolchildren, which he is so brilliant at doing.
I say nothing on the cost point, but it seems pertinent to raise a universal principle to put on the record at this stage: if something, be it a product, a system or a process, is designed from the outset to be inclusive by design, generally there will be no additional cost incurred. Things become tricky only when we get into a situation of retrofit, trying to make good, trying to make inclusive post event. I just put that universal principle on the record. I am extremely grateful to my noble friend the Minister for his considered response, I look forward to further discussions between now and Report and certainly to returning to this issue on Report. With that, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment confines the effect of inserted subsection (1A) for section 90C of the Representation of the People Act 1983, so that it does not apply in relation to local government elections in Scotland or Wales.
Member’s explanatory statement
This amendment confines the effect of inserted subsection (1A) for section 73 of the Political Parties, Elections and Referendums Act 2000 (“PPERA”), so that it applies only for the purposes of campaign expenditure incurred during a period involving a parliamentary general election or a general election to the Northern Ireland Assembly.
Member’s explanatory statement
This amendment confines the effect of the inserted subsection (1A) for section 86 of PPERA, so that it applies only for the purposes of controlled expenditure incurred during a period involving a parliamentary general election or a general election to the Northern Ireland Assembly.
Member’s explanatory statement
This amendment confines the effect of the inserted subsection (8A) for section 94 of PPERA, so that it applies only for the purposes of controlled expenditure incurred during a period involving a parliamentary general election or a general election to the Northern Ireland Assembly.
Lord Collins of Highbury
“(8) The Secretary of State must by regulations define “encouraged” for the purposes of this section within the period of 12 months beginning with the day on which this Act is passed.”Member’s explanatory statement
This amendment probes the use of the term “encouraged”.
Lord Collins of Highbury (Lab)
My Lords, I am taking the unusual step of trying to get a debate going about a particular word. It may not last long but, knowing my ability, I suspect it will go on for a bit longer than people perhaps anticipate.
I raised this previously, on the first day in Committee: what is the problem that we are examining here, and what is the solution that this clause seeks to offer to that problem? It is not clear to me that we are providing a solution. No doubt the noble Lord, Lord Wallace, will seek to raise some of these broader issues in his clause stand part debate. One of the things suggested is that it is about changing a legal test in the notional spending provisions, which I know are an essential part of election spending controls.
When I first started working in Transport House in 1972, the Labour Party was fully occupied in Transport House. General election campaigns were run from that building and, even after the Labour Party left Transport House and moved to the Walworth Road, it still used the facilities we had in Transport House to conduct the national campaign. Of course, that was prior to some of the regulations about how we account for funding and spending.
This is really quite an important issue. In its briefing, the Electoral Commission points out that in the 2019 general election, notional spending accounted for 40% of the total campaign spend across all candidates, so it is a huge issue that we need to make sure we get right. The Electoral Commission says it is really important that candidates need to be clear when something is notional spending, because it counts towards their total campaign spend and they must not exceed it.
The Explanatory Notes for the Bill say:
“Clause 18 subsection (1) (notional expenditure: use of property etc. on behalf of candidates and others) amends section 90C of the RPA 1983 in order to clarify that ‘on behalf of’ means where the candidate has directed, authorised or encouraged that use by someone else. This will clarify that candidates only need to report benefits in kind which they have actually used, or directed or encouraged someone else to use and do not need to fear being responsible for benefits in kind of which they had no knowledge.”
I have heard the Minister stress that the Bill’s purpose is to better define things, make sure that they are better understood and make sure that, if there are any loopholes, they are closed. I tabled this probing amendment to ask exactly what “encouraged” means. How are we to define that? How will that be translated into codes and guidance that the Electoral Commission puts forward?
I have a concern, and I hope the Minister will spend some time explaining this. What is the problem? Are we properly accounting for all notional spend? To me, that is the problem that this clause should address. If the Electoral Commission is telling us that it is 40% of the spend, we need to make absolutely sure that it is properly accounted for.
My fear is that this Bill is not doing that and could lead to claims of, “I didn’t know—I had no knowledge, even though my campaign people were using an office or a car. I didn’t know that shop down the road was open for me to use.” There are issues of serious concern here. What is wrong with the existing provisions on notional spend? I would ask the Minister to describe the problems, give us the evidence of where problems have occurred and then tell us how this clause solves those problems.
I have tabled this specific probing amendment and I have no doubt that I will repeat some of these concerns when we get to the clause stand part debate. It is incumbent on the Minister to be absolutely clear on this issue. The Electoral Commission says in its briefing that this needs to be tightened up and people’s responsibilities made clear, but then I read in the Explanatory Notes that we want to ensure that candidates need not fear being responsible for benefits in kind of which they have no knowledge. I do not like the idea that ignorance is a defence, yet that is where this clause may be leading. I ask the Minister to tell us what “encourage” means, but also to give us a better explanation of the problem and the solution that this clause attempts to provide.
Lord Stunell (LD)
My Lords, I rise to ask some questions very much in parallel with those the noble Lord, Lord Collins, posed to the Minister. The word “encourage” is difficult to define in the legal sense. Is he prepared to share the advice that he has received from counsel about how a court might interpret “encourage” if an offence came before it? The noble Lord, Lord Collins, has illustrated that “encourage” is one thing and “ignorance of” another, but there is a tremendous zone in between, which will be an interesting legal minefield.
I would have thought that, in introducing this proposition in the Bill and to the Committee, the Minister would have in mind creating certainty, not a minefield through which agents, candidates and, for that matter, national parties have to step lightly to make sure that they do not offend and offend again. Speaking as a former candidate and a former agent, I never had any doubt about the distinction between things given to me by my party or anybody else for use in the election, and things that happened as a result of circumstances. Of course, we will come to third-party spending as a separate item later.
Although it has not been clearly expressed as such in the debate on this group of amendments, the specific reason for this clause being here at all is a legal case, which, from the perspective of the Conservative Party, went wrong. The party is seeking to change things so this does not go wrong next time; we will address the sense, or not, of that when we get to the next item for debate. However, even granted that it is a sensible inclusion in the Bill, would it not be rather more sensible to have an inclusion that does not lead to further ambiguity, doubt and difficulty, which will simply tie up agents, candidates and national party agents in trying to work out what “encourage” means or where the boundary of “encourage” lies?
I find it quite hard to understand the situation whereby a coach of activists can turn up and help you for a week and you could not be said to have encouraged it to happen. You may not have ordered them to come—but was any evidence presented that the local party officials at the time rejected it, but the national party insisted that these people came over their dead bodies? Where does “encourage” take us with that? Does “encourage” have a legal definition? We are familiar with other terms, which are used in perhaps somewhat similar circumstances, such as “facilitating”. Clearly, that is one way of looking at it. If they say, “Mrs Buggins will put somebody up for the night”, is that facilitating or encouraging?
There are many difficulties in the wording of this provision, quite apart from the outstanding difficulties with the clause as a whole, which we shall come to in a few minutes’ time. I hope the Minister will share with us the advice that he has had from legal counsel about how courts would interpret “encourage”. I am sure that the courts will come to a common-sense view, based on their understanding of UK language and legislation and any kind of previous case that they can draw into it, but a common-sense understanding of what “encourage” means may not be sufficient. At this point, I want to hear how the Minister imagines it will be interpreted by the courts when the inevitable cases come, via the Electoral Commission, the police or whatever mechanism is going to be permitted under this Bill for any offences to be prosecuted—we have dealt with that subject already. Assuming that cases will be taken forward, how does the Minister expect the courts to interpret “encourage”? What kind of evidence would show that encouragement took place or, alternatively, what kind of evidence could a candidate or an agent produce to show that they did not encourage? Would they have to produce some emails, perhaps, to show that they pleaded with headquarters not to send the money, help, leaflets or a coachload of young people?
The Minister can get the drift of the question that the noble Lord, Lord Collins, is asking, and which is important to understand, so that we get some measure of what this provision might achieve and what it might very well not achieve, despite the Minister’s intentions.
Lord Grocott (Lab)
My Lords, I agree very much with what has been said by both my noble friend Lord Collins and the noble Lord, Lord Stunell, who bring a tremendous amount of experience to this matter. I cannot quite match the noble Lord’s experience. I have fought sundry elections at parish, district, county and parliamentary level over the years, but by a bit of fancy footwork I have always avoided becoming an election agent. It has always struck me as the most frightening job in connection with elections.
That brings me to my observation on these amendments —that above all else one needs clarity and simplicity in this area to make the job of being an election agent less onerous and forbidding than it is at present. When we have these kinds of discussions, I often think that there is an assumption somewhere, although I cannot locate where it comes from, that there is a queue of people with tremendous experience who are dead keen to become election agents. My experience is the opposite: as a candidate you pretty well have to beg some friend of long standing to take on the responsibility, because it is a huge responsibility.
It is incumbent on us, as legislators, to make any law in this area as simple, straightforward and unambiguous as possible. That seems to be the objective behind what my noble friend is proposing. I share his concern and anxiety, particularly about the word “encouraged”, which has been developed by the noble Lord, Lord Stunell. There is nothing I would add to that, other than to say: for goodness’ sake, keep the poor election agent in mind throughout this kind of discussion, because—my word—they have a heavy burden to carry.
Lord Sentamu (CB)
My Lords, I share the sentiment of what the noble Lord, Lord Grocott, has just said. The noble Lord, Lord Collins, is right to seek clarification of what “encouraged” means. However, why is the role given to the Secretary of State, and not the legislation itself, to define it? If we cannot define it, kick it out. Why should this responsibility be given to the Secretary of State, who “must by regulations define” what it means? It is a bit late in the day for that.
I also share the concern of the noble Lord, Lord Stunell, about how courts will define what “encouraged” means. I have a problem with it being defined by the Secretary of State “by regulations”. I am one of those who is always very suspicious of legislation, in a secondary way, allowing regulations to grow like Topsy as has been the case over the last so many years. The legislators are allowing it to go ahead. I would have thought that the Bill itself should define what it is. If it cannot define it, do not put it in.
After listening to noble Lords who defined what election agents do and their enthusiasm for the things that they do, I am glad that I could never be such a person, because I do not think that I am worthy of it.
I ask the Minister—because the Government have drafted the legislation and put it into the Bill—to explain to us what he means by “encouraged”. Will it stand up to the standards of the law courts? If it cannot, why is it not just taken out?
Lord Wallace of Saltaire (LD)
My Lords, I am often grateful I was never an election agent. I fought five elections and was once approached and asked if I would work as an agent for an early election. I am eternally grateful that I did not accept, because I did not begin to understand the complications and responsibilities of the task then. I have learned some of them since, but life has got a great deal more complicated over the last 50 or 60 years as the technology of elections and the power of the national parties, compared with the local parties, have shifted quite radically.
When I read this clause, I was struck by the word “only”, which appears repeatedly. That was the word I wanted to challenge. For example, it says that
“facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed”.
Why does “only” keep recurring in various different contexts? It is clearly intended to weaken the possibility that the candidate could, in any way, be regarded as responsible. That worries me. Any good lawyer would be able to unpick the candidate being responsible under most circumstances for what the national party had done within his or her constituency. We well know, from the case to which this clause relates, that the national parties as a whole have come to engage in specific constituencies to target them and to spend a great deal of money from the national level in them. I suspect that candidates are always aware of this, but they may not always have wished to encourage it.
Lord True (Con)
My Lords, I am grateful for this short debate. I will not enter into the discussions of election experiences, but I certainly agree with the noble Lord, Lord Grocott, that it is not always easy to find election agents. Anyone who has been involved in politics is mindful of the difficulties which sometimes arise in the course of elections.
What we are seeking to do in Clause 18—I will come on to “encouraged”, which has been suggested goes in the opposite direction—is to clarify the law on notional expenditure. A debate on Clause 18 stand part will follow this debate and it is probably the appropriate place for this. It makes it clear that candidates need to report only benefits in kind: property, goods, services and facilities provided for the use or benefit of a candidate at a discount or free which the candidate has used or which the candidate or their election agent has directed, authorised or encouraged someone else to use on their behalf.
This brings me to the amendment in the name of the noble Lord, Lord Collins. I say to the noble and right reverend Lord that I do not think that he is suggesting that the Secretary of State should draft regulations. I accept that this is a probing amendment; it is not a proposition that the Government have put on the Marshalled List. The noble Lord is seeking clarification of the term “encouraged”. The wording in the Bill was chosen to cover as many scenarios as possible and to capture circumstances where the candidate or their agent encouraged a particular use of property, goods, services or facilities, without going as far as directing it or specifically authorising its use. There is an area of uncertainty here, as he acknowledged. However, if only formal authorisation is required, the risk is that the candidate could encourage someone to use a benefit in kind without having to not report it as they did not give authorisation for it to be used. Requiring further regulations to define this term would risk reducing the breadth of the scope of these new rules on notional expenditure and opening up potential loopholes that we are seeking to address. The language in this clause has been crafted to strike a balance between the status quo, where no form of authorisation is required, which has generated understandable concerns from candidates and agents, and the overly blunt alternative of formal authorisation, which could risk being circumvented in practice, as the noble Lord suggested.
This clarification of the law on notional spending is vital to ensure that candidates should not fear being responsible for benefits in kind of which they had no knowledge. I think we would agree with that; the Explanatory Notes say that. Encouragement in the context in which we understand it and in this Bill must be a positive act. It is not intended to capture situations where a candidate did not have knowledge of someone using a benefit in kind on their behalf.
As I said at the outset, as an experienced campaigner I acknowledge that it is not always easy readily to apply the rules on election spending practically to the day-to-day reality of a campaign. We will discuss guidance in greater detail later today, but I assure the Committee that we intend that the Electoral Commission will produce guidance for campaigners to help them understand specifically these concepts and to apply and comply with the rules on notional spending in so doing. In the past, the commission has made good use of illustrative examples to aid campaigners. Further to this, we are broadening the scope of the statutory codes of practice on election spending that can be prepared by the commission to ensure that the codes include guidance on notional spending.
Some Members of the Committee asked for some specific comments on legal meanings or for further detail on “encouraged”. We expect that this guidance and the codes of practice will come forward from not the Secretary of State but the Electoral Commission. I understand where the noble Lord is coming from and will reflect on what has been said, and if I can I will put further clarification to him in writing and submit it to the House before Report, because I appreciate the direction he is coming from.
Lord Collins of Highbury (Lab)
I thank the noble Lord for that response. Clearly, we are coming to a much more detailed debate about the clause in the stand part debate, but, in the light of the explanations given so far, I beg leave to withdraw my amendment.
Lord Rennard (LD)
My Lords, the reason for the Clause 18 stand part debate is that we should not let this important change in legislation pass without some significant scrutiny. The principle of notional expenditure might appear at first to be simple, but it is not quite so simple in the era of massive national party spending.
The original intention of election law concerning notional expenditure was always about making sure that spending limits were not circumvented by donations in kind. Before the Political Parties, Elections and Referendums Act 2000, there were limits only on expenditure by appointed election agents, or those they authorise, on behalf of their candidates. These people knew that money might not change hands for notional expenditure, covering things such as the use of a donated office for the campaign HQ or office equipment such as a photocopier, or significant discounts might be applied for their provision.
The value of the notional expenditure—what is effectively donated to the campaign—must be included in the candidate’s expenditure limit. If this was not the case, people supporting candidates could provide offices, staff, leaflets, posters and advertising free of charge to the campaign of their choice, and these materials would not be subject to the limits on candidate expenditure.
The legislation passed in 2000 brought in the concept of national party spending limits to try to create a more level playing field at national level. Before then, the parties understood that spending on a national campaign had to be just that: national spending spread evenly across the whole country, covering things such as newspaper advertising, billboards and party election broadcasts.
However, with a national party spending limit of £19.5 million, the parties no longer feel obliged to spend what they can evenly across the whole country. They have increasingly decided to target their national party spending at marginal seats. This might have brought them into conflict with the law. We have seen what was supposed to be national advertising on billboards and in local newspapers targeted largely at marginal consistencies. The 2000 legislation intended to cap unfair financial advantage nationally, but inadvertently it might have had the opposite effect and accelerated the arms race in party expenditure at elections. Parties have since decided that their national campaigns can produce direct mail, leaflets, Facebook adverts et cetera, targeted largely at marginal constituencies.
The supposed clarification of notional expenditure in Clause 18 is there to say that, from now on, the candidate or the election agent is not responsible for such expenditure if they have not specifically authorised it. This might seem a reasonable principle at first glance, but it means that the costs of materials that might benefit their campaign do not have to be included in the tightly restricted spending limits for candidates in constituencies. National parties can now target their direct mail at specific voters in specific marginal seats. They pay for leaflets for those constituencies, and they pay for their distribution either commercially or by paid volunteers. National campaigns can swamp the efforts of individual candidates to make their case.
When the Conservative Party went over the top in 2015 by paying for the bussing in of hundreds of party workers in marginal seats, employing them to canvass and deliver leaflets, putting them up in hotels and paying for their meals, there was a national outcry, led by “Channel 4 News” and the Daily Mirror, among others. It appeared that the marginal seats that might have brought the Conservative victory had actually been bought.
Baroness Bennett of Manor Castle (GP)
My Lords, I rise very briefly to speak in favour of this clause not standing part of the Bill. I should declare an interest that, as a Green, I am well used to always being on the wrong side of the unfair financial advantage the noble Lord, Lord Rennard, referred to. We obviously have an arms race in spending and politics paid for by the people who pump the money in. I have what might be considered a radical amendment later in this Bill to suggest that we put a very tight limit on donations. It starts from the other end of these things, saying that the quality of our politics is not benefiting from money being pumped in. This clause stand part notice suggests that we do not allow an escalation of the concentration of money even further.
Moving away from the interests of parties that do not have that sort of money—I am sure that many people who have done practical politics will know the reality of this—very often you have a street, down which is the boundary of a constituency or a council ward, and the people on one side are in a hotly contested marginal constituency and those on the other are in a safe seat. Neighbours talk to each other; one says, “I’ve got so many election leaflets coming through my door, my recycling bin is totally overflowing”, and one from the other side of the street says, “Oh, is there an election on? I didn’t know.” Think about what kind of disrepute that brings our politics into, when massive amounts of resources are concentrated in a small number of seats. People can see that this is not right or balanced, or a national political contest.
The idea of allowing notional expenditure just to roll on takes us to a very bad place, so I back the noble Lord, Lord Rennard, on this.
Lord Stunell (LD)
My Lords, we have already explored what the exact meaning of “encouraged” is. I thought the answer was going be a lemon, but it is guidance, apparently, which is not very encouraging. I am hopeful that the courts in the event will be just as robust in their interpretation of “encouraged” as they were in respect of coach trips to Thanet, so that this clause in practice will not make the change in the law the Minister hopes for. It may become a dead letter, even. More exactly, it will become not a dead letter but a further cause of confusion, with no reduction in jeopardy for agents and candidates who rely on it. But for the purposes of this debate, let us take it at face value.
In our debate last week on Clause 17, I referred to that clause as an exercise in “wing-clipping” the Electoral Commission. By the Minister’s own account, as he told your Lordships, in practice, those proposed changes made no real difference to anything. He obviously intended to give us some reassurance that those changes meant nothing at all, but I surmise that when he reports back to CCHQ he will make it sound a far more impressive change. Now we have Clause 18, which I also think is going to be found facing both ways. In reality, it is an attempt to satisfy the bloodlust of some right-wing Tory MPs who had rather a close shave in 2015. The Minister’s intention is that if this clause goes on the statute book next time, they will get away scot free. For that matter, we will all get away scot free, able to do exactly as the noble Baroness, Lady Bennett, has just spelled out. I actually think that in responding to this debate he will attempt to sell it to us as something far less important or serious: “It is simply a margin note to clarify the commonly accepted understanding of current law. Nothing to see here; let us move on to the next clause.”
It is worth exploring what the law says now and how it will be different if this clause stands. My noble friend Lord Rennard spelled this out very clearly. In a general election, there are two financial constraints, one at constituency level and one at national level. The constituency spending level is, comparatively speaking, tight, and the national level is, comparatively speaking, generous—and about to become even more generous, apparently. That second constraint—the maximum figure a party can spend outside constituencies—goes into a national campaign. Even the Conservative Party, with all its large donors from various nationalities and provenances, has actually found it hard to spend up to the national limits; and no other party has come anywhere close. So there is an obvious temptation to use some of that spending power in supporting constituency campaigns, which may be pressing hard up against their expense ceiling.
Of course, big cheques cannot simply be handed over by a national party campaign to the local one. It would be too visible. But goods and services in kind are much harder to keep in focus from outside. Even so, existing election law requires the constituency agent to give a fair account of any goods and services received below cost, and that that difference should be taken into account as a donation in lieu. In practice, help has to be a little more nuanced and a little more distanced from the agent. That was the nub of the fracas in Thanet. The election court saw through the Conservatives’ sleight of hand, so now we have Clause 18.
I call Clause 18 the “get out of jail free” clause. No notional spending by a party in a constituency will count unless the local agent or responsible person has “directed, authorised or encouraged” that spending. It probably does not work, although the dialogue between the party and the agent would be an interesting one to hear, would it not? “Hi Mr Agent, just a quick call from national HQ to let you know we are sending in a couple of teams to work alongside your people for the next couple of weeks. No big deal, it won’t cost you a penny. Now, don’t say a word, I don’t need any encouragement from you. It is just that your seat polling figures are slipping, so we think you need some help.” Was there any authorisation or encouragement? No, he did not encourage anybody. He did not open his lips.
Lord Grocott (Lab)
My Lords, a kind of fiction has prevailed over a very long period of election history that, somehow or other, the crucial electoral battleground is each individual constituency. It has long been recognised that there is a need for strict limits on expenditure by individual candidates in individual constituencies. On the other level, however, there is the national campaign, where limits on expenditure are so much looser.
I was very alarmed, as I had not heard it before, by the information from the noble Lord, Lord Rennard—he is usually reliable on these issues—that there is possibly a huge increase planned in the maximum expenditure allowed at the national level. This may not be a popular thing to say to candidates—I may be talking to myself—but it is clear to me that, although both levels of campaigning expenditure are clearly important, if you had to label the one that is the most important in determining the overall outcome of modern elections, it would be the national expenditure and national campaign. All candidates believe profoundly that it is what they do in their individual constituencies that is of crucial importance.
I have also noticed that all candidates—I have been one of them—tend to think that, when they win their local campaign, it is down to a particular level of skill and expertise in their campaign, and when they lose, it is generally someone else’s fault. The truth at general elections is that, for all the variance you can get in 650 different constituencies, the broad truth prevails: when the tide is out for your party, the tide is likely to be out everywhere, and vice versa. This whole issue of the balance between control over national expenditure and control over local expenditure is fundamental.
Of course, the irony is that, for years and years, there was control over local expenditure. It has long been recognised that there must be limits locally. However, it is relatively recently in our parliamentary history that we have seen the need for national limits; as we have said, they are so loose now as to be barely limits at all—certainly for one party in particular. This is a crucial area of debate and discussion but, most of all, the one headline I want to get out of this—perhaps the Minister will address it when he replies because he is on the inside track and we are not—is whether there really is a proposal that there should be a colossal increase in the level of expenditure allowed at the national level by political parties. If the Minister has any inside information on this, I would love him to share it with the Committee.
Lord Wallace of Saltaire (LD)
My Lords, one of the things on which there was consensus from all the various reports that fed into this Bill was that what we need most of all is a simplification of electoral law. This clause is a classic example of making things more complicated. I think we all recognise that this is the Conservative response to the Thanet case. The case for having this in the clause is extremely weak.
I was interested to hear the noble Lord, Lord Collins, talk about the 1970 election campaign. I am older than him. I worked at party headquarters during the 1966 campaign. Looking back, it was incredibly amateur. The Conservative campaign was not that much more professional than ours at the national level. Then, the largest department in the Conservative headquarters, as I remember it, was the research department. We did not have phone canvassing, of course. We did not use opinion polls much. At the time, I was otherwise working as a research assistant to Dr David Butler on the first major survey of electoral opinion in Britain. We were using punch cards to get at our data; it was such a slow process that you could not analyse during the campaign at speed. We did not have any digital campaigning, of course. In those days, the Conservative Party had a couple of million members and raised a lot of its money and did most of its activity at the local level.
We have shifted a long way since then, soo I want to talk about some of the principles; I hope that the Minister still recognises that they are important. They cover this clause and Part 4. The first principle is that we should retain a clear distinction between constituency campaigning and national campaigning. After all, it is one of the most tried and tested aspects of our democracy that Parliament consists of people who represent local communities in constituencies. They have not always been individual constituencies as there used to be multiple-member constituencies; the noble Lord will go back far enough, but never mind.
That is the principle. It has already been weakened by the tightening of limits between constituencies, which means that the new constituencies that are about to be redrawn will represent recognisable local communities much less than they have done so far. We hear people—Jacob Rees-Mogg, for example—say, “We have already moved from a parliamentary system to a presidential system. That is how our elections now go”. I regret that. As it happens, I am in favour of multiple-member constituencies and a much more open voting system, but that is part of the argument we should be having about the quality of our democracy. To erode the distinction between the constituency—that is, the election of an individual MP—and the national campaign would be a fundamental shift in our democracy larger than changing the nature of our voting system. I hope that the Minister recognises that.
Lord Grocott (Lab)
I agree so much about the importance of the close connection between individual candidates and individual constituencies but I am sure that the noble Lord would agree with me that that is much weakened under a system of proportional representation.
Lord Wallace of Saltaire (LD)
We need not discuss the various alternative forms of voter registration. “Not necessarily” is the easy answer.
The second principle I want to focus on, mentioned by my noble friend Lord Stunell, is that there should as far as possible be a level playing field. We have seen what happened as that disappeared with the lifting of funding restrictions in the United States. The quality of American campaigning and the level of trust in American democracy have gone down, and that is partly because of the sheer weight of money that now deforms American politics. We have it here. I read in the Sunday Times the weekend before last that in the last three months of 2019, Ben Elliot, the chairman of the Conservative Party, raised just over £37 million for the Conservative Party, more than it was able to spend legally in the course of the campaign, and that it represented two-thirds of the money raised by all registered parties in that period. That takes the whole idea of a level playing field for democracy into deep and difficult trouble, and it strengthens the case for making sure that the regulation of expenditure, which is what Part 4 is about, is kept tight, clear and simple.
The third principle that I hope the Minister will agree on is that funding and expenditure should be as transparent as possible, both by registered parties and, as we shall come on to, by third parties, and that this clause does not help in that regard.
Clause 18 weakens regulation. It complicates and confuses it. I think we have seen from Second Reading and from our first day in Committee that noble Lords throughout the House generally agree on the need to strengthen regulation and the Electoral Commission. For these reasons, I suggest to the Minister that the clause as drafted and as intended does not match the Bill.
Lord Collins of Highbury (Lab)
My Lords, I come back to the comment I made on the earlier group of amendments: what is broken? What is this clause trying to put right, and does it solve it? I think we have heard from the debate on it that it does not really address the issue. Whatever happened in Thanet—and there may be other instances that were not subject to court cases—it has certainly gone through a proper legal process. As we have heard, both the Supreme Court and the Electoral Commission have addressed that issue.
I regret that we have moved away from the requirement that fundamental changes be subject to consent across all parties. That has been an important element of maintaining our democracy. Of course, the Trade Union Act was the first part of that attack by the Conservative Party on one party, which broke that consensus on funding.
As I have said before, the Conservative Party likes a debate about spending limits— “We can have a limit here, and the national limit and so on”—but the real debate is not about spending but about income. When David Cameron was Prime Minister and we have had discussions about it, we have seen that it is the income side of our politics that brings it into disrepute. Very rarely is it the spending side. The income side is about who has given the money, how much they are giving and what they expect for it. Taking big money out of politics is the issue. I say to the Conservative Party that its time will come, because when it is in opposition there will be a strong focus on the income side of this debate, and it will not like the result. It will not be able to rely on a large number of very wealthy people; it will have to rely on a larger number of low-income people, because I strongly believe that caps on donations are far more important than limits on spending. That is a debate for another day, but it is important to set today’s debate in context.
Baroness Scott of Bybrook (Con)
My Lords, I will start by answering the noble Lord, Lord Collins. He asked twice, once of my noble friend and once of me: what is the problem here? Currently, as the 2018 Supreme Court case revealed, the law is at odds with what the candidates understand in their communities. That ruling has meant that agents are now unsure—we have talked a lot about how difficult it is to get agents —about how to account for notional expenditure. That is exactly what we are addressing in the Bill.
Before I move on from the noble Lord, I will just say how much I agree with him on the importance—to me, the most important thing in our electoral system—of that connection between an individual candidate, whether local or national, and the communities that they are trying to serve, and do serve if they win an election. To me, that is the most important thing in our democracy.
The level playing field was brought up by a number of noble Lords, including the noble Baroness, Lady Bennett, and the noble Lords, Lord Rennard and Lord Wallace. It is important, but the rules that we are putting forward on notional expenditure are designed to maintain free and fair elections. Political parties will not be able to spend more on candidates as a result of these amendments. All spending which is currently recorded will continue to be recorded. These amendments will therefore uphold the level playing field for elections, which, as I have said, form the cornerstone of our democracy. Expenditure that promotes an individual candidature will continue to count towards a candidate’s own spending limit. Expenditure which is joint between a party and a candidate will continue to be apportioned in an appropriate way and reported to the returning officer. The level playing field is continued.
A number of noble Lords brought up national spending limits. Spending limits are different from the protections for candidates which ensure that their agent must approve certain expenditure, but the Government are intending to review party and candidate spending limits for all other polls apart from local elections, which were increased in line with inflation in 2021. It is important that these are uprated in line with inflation, which will create a solid baseline for future reviews.
The noble Lord, Lord Stunell, again mentioned national versus local spending and asked whether this would cause spending to stop being reported and allow parties to spend more on candidates without reporting it. No, it will not. No notional expenditure will stop being reported as a result of this clarification. Benefits in kind which are offered and used by them or their agent, or anyone authorised, directed or encouraged to make use of them on the candidate’s behalf, will still need to be reported. Also, where a third party, including a political party, is spending money to promote a candidate directly to the electorate, this generally falls under spending in Section 75 of the Representation of the People Act 1983. Those reporting rules will still apply.
The noble Lord, Lord Wallace, asked about transparency. Transparency is indeed there and will continue to be there in all spending on local and national elections.
We have heard already, and it has been said a number of times, that Clause 18 clarifies the law on notional expenditure, making it clear that candidates need to report only benefits in kind—that is, property, goods, services and facilities that are provided for the use or the benefit of the candidate at a discount or for free—which they have actually used or which they or their election agent have directed, authorised or encouraged someone else to use on their behalf. I think it was the noble Lord, Lord Wallace, asked about somebody ringing up from central office and saying that they are bringing down a bus. I suggest that you will have either authorised or encouraged it; I do not believe you would say nothing on the end of that phone if that is going to happen. This is what was already widely understood to be true. Nothing much is changing; we thought that was true prior to the Supreme Court judgment in the matter of R v Mackinlay and others.
In its 2019 report on electoral law, the Public Administration and Constitutional Affairs Committee called for consultation to take place on how the law on notional spending could be clarified. In evidence to PACAC, the Labour Party said that it would be supportive of legislation
“that would serve to clarify Parliament’s intention as to the extent the election agent is responsible for expenditure by third party campaigns to support their candidates.”
So the Labour Party, in PACAC, was in support of this. That is precisely—
Lord Collins of Highbury (Lab)
I am sorry to interrupt, but one has to see the context of that response. Our argument tonight is that this clause does not do that—it does not provide clarity. I wish it did, and then we could all support it. But it could lead to the complete opposite of what the noble Baroness is suggesting.
Baroness Scott of Bybrook (Con)
I suggest that the Government believe that it does clarify; that is exactly what it does, so we will have to disagree on that. We feel that Clauses 18 and 20 of the Bill do precisely what the Labour Party asked for and supported in PACAC.
Lord Wallace of Saltaire (LD)
My Lords, if I have understood the argument that the noble Baroness has been making, this clause would not in any sense change the outcome of the Thanet case. If it is clarifying things in that direction, the clause is not necessary.
Baroness Scott of Bybrook (Con)
No, what I am saying is that it will clarify for candidates and agents what is required and what was not very clear at the time of that case.
We have sought input on these measures from the Parliamentary Parties Panel and we are confident that they will bring important clarity to the rules and support compliance. Indeed, Craig Mackinlay, the Member of Parliament for South Thanet, whom we have talked about a number of times, knows better than anyone the deficient nature of the current rules, and he welcomed and praised the clarity which this Bill brings to notional expenditure.
In this clause, we are also making an equivalent amendment to the notional expenditure rules for other types of campaigners, such as political parties and third-party campaigners, to ensure that all the rules are consistent. Together, these changes will bring much-needed reassurance and clarity to candidates and their agents on the rules that apply to notional expenditure for reserved elections. Alongside guidance from the Electoral Commission, with which we are working closely, this measure will support compliance with the rules and ensure that those wishing to participate in public life can feel safe doing so, clear in their legal obligations. It is for this reason that I urge that this clause should stand part of the Bill.
Lord Rennard (LD)
My Lords, I am grateful to the Minister for that reply. She mentioned the PACAC report into some of these issues, but without quoting the crucial recommendation, in paragraph 16, which says that
“reform should only be taken forwards on the basis of clear consensus.”
This debate, at the very least, has shown that there is not that consensus. It seems to me that the debate is not about how to account for notional spending but whether to account for some of it at all. We have not really been satisfied that, if there were busloads of people from one party, the costs of the coaches, their hotels, their meals and the leaflets they deliver—all spent in a constituency with the clear intention of promoting a candidate—will appear in the constituency limit for that candidate, which is their proper place. The Bill does not seem to make that plain.
I am very grateful to the noble Lord, Lord Collins, and the noble Baroness, Lady Bennett, for confirming on behalf of the Labour Party and the Green Party that they do not see this clause as necessary. It seems to add significant confusion, and in my view it is particularly important not to add to confusion about what should be included at the same time as you may increase spending totals nationally. As the noble Baroness said, they may have to rise, but the Government said yesterday, in answer to a Written Question I tabled on 28 February, HL6502, that they may increase in line with inflation. That is inflation since 2000, which is 79% and would take a £19.5 million limit to nearly £36 million. There are more issues to debate on this in the next group of amendments.
Baroness Hayman of Ullock
“Guidance to candidates on notional expenditure
The Secretary of State must publish new guidance to candidates on notional expenditure within the period of 12 months beginning with the day on which this Act is passed.”
Baroness Hayman of Ullock (Lab)
My Lords, I am speaking to my Amendment 25. In this group there is also Amendment 25A in the name of the noble Lord, Lord Rennard, which is very similar. These two amendments will echo quite a lot of the debate we have had over the last two groups, and I completely echo the words of my noble friend Lord Collins, in his response to the previous group, about many of the concerns we have about this clause.
As we know, Clause 18 concerns notional expenditure on behalf of candidates and others. In the debate we have just had, my noble friend Lord Collins, the noble Lord, Lord Rennard, and others drew attention to the detail of what this clause would mean, how it would potentially work and how election law has changed over time—and not just law. Elections have become more sophisticated and more money is being spent, so we really need to make sure that in future we conduct elections in the right and proper way. The Elections Bill needs to be able to provide that integrity and reassurance as we move forward.
Specifically, my Amendment 25 says:
“The Secretary of State must publish new guidance to candidates on notional expenditure within the period of 12 months”.
Amendment 25A from the noble Lord, Lord Rennard, suggests:
“The Electoral Commission must publish new guidance to candidates”.
To be honest, I do not really mind which; I just think it is important that such guidance is published.
I read the debate in the other place on this part of the Bill. Introducing this clause, the Minister, Kemi Badenoch, said that it
“makes an important clarification to our political finance rules”.
She went on to explain—as did our Minister, the noble Baroness, Lady Scott—that this came from the Supreme Court decision in 2018 after it was
“determined that the rules on notional expenditure for candidates did not contain a test of authorisation”
and
“there were concerns among parties and campaigners that candidates could be liable to report benefits in kind that they did not know about, but could be seen to have benefited from.”
Obviously, there has been a lot of discussion about what that meant in South Thanet and how that has had an impact on political behaviour during elections since.
What came over in particular from the last debate, and is important when looking at what we are talking about now around the new guidance, is the way in which campaigning has increasingly become pressurised on marginal seats. As my noble friend Lord Collins said, that is the case with all parties. He rightly referenced the fact that political income is an area we need to really look at—where it comes from, how our donations are managed and who provides them. This is an area where, if we are not careful, the behaviour of political parties could come into disrepute. I am not pointing the finger at any party, just saying that we need to be very careful around this when drawing up new election law.
Minister Badenoch went on to say that this is why the Government want to make it
“clear that candidates only need to report as notional expenditure benefits in kind—property, goods, services and facilities that are given to the candidate at a discount, or for free—that they have used themselves, or which they or their agent have authorised, directed or encouraged someone else to use on the candidate’s behalf”,
so that “clarity” is provided
“to candidates and their agents on the rules that apply to notional expenditure.”—[Official Report, Commons, Elections Bill Committee, 26/10/21; cols. 299-300.]
In the Minister’s introduction, and later in the debate, the word “clarity” was used a couple of times. If we are talking about clarity, guidance is important. People need to know when any new rules are brought in. As other noble Lords have said, this is adding to complexity. As a candidate or an agent, you need to know exactly what is expected of you, and it needs to be easy to understand.
During a debate on election expenditure in the other place, Craig Mackinlay—who, as we are all aware, was the candidate and is now the MP for South Thanet—agreed with Andrew Bridgen MP that it was worrying that currently
“a candidate in an election could be liable under the law for spending on his behalf that he neither authorised, nor was even aware of.”—[Official Report, Commons, 11/2/19; col. 690.]
I have been a candidate a number of times in local and parliamentary elections—and, once upon a time, in European elections, but of course that will never happen again—and other noble Lords have talked about this. When you are a candidate, you rely an awful lot on your agent. As my noble friend Lord Grocott said, not many people actually want to be an agent; I have managed to dodge it so far. This clarity, this information, about what the guidance will mean and how they are supposed to operate within any new laws is incredibly important.
A number of noble Lords mentioned the Public Administration and Constitutional Affairs Committee’s response to this part of the Bill. The Minister said that the proposed changes in the Bill are broadly welcomed but, as other noble Lords said, there were concerns around this. As the noble Lord, Lord Rennard, said, this included moving forward with clarity—that word again. We need to know where we all stand. The report said:
“The Government’s response to the CSPL report on electoral finance regulation provides no indication of which of its recommendations (not already included in the Bill) the Government is likely to adopt (via amendment), prioritise for consultation or when or how the Government proposes to give legislative effect to recommendations that will not be included in the Bill. The Government should give clarity on its next steps in this regard.”
It would be helpful to have further information. The Government responded to this and said:
“The Elections Bill is bringing forward the key changes to the regulation of expenditure we need to make now, and it already delivers on several of the recommendations made by the CSPL report. The CSPL report puts forward many recommendations that deserve full consideration”.
I would be interested to hear from the Minister which recommendations the Government were referring to. Their response added that
“further work must be done to consider the implications and practicalities of any further changes to complex electoral law.”
It would be helpful if the Minister could update us on any further work in this regard following the Government’s response. If he is unable to provide that information today, it would be very helpful to have it in writing. The other thing that came through from the evidence to the committee was the response by Professor Fisher, who again considered that the term “encouraged by” could lead to confusion. We had a previous debate on this and I think most noble Lords who spoke agreed that “encouraged by” did not provide the clarity that we need. It is used seven times in Clause 18, scattered all the way through it.
Again, we need to make sure that the rules are understood in order for them to be properly complied with, because this is where we came unstuck before. People did not really understand them, which is why we had the issues around Thanet. The noble Lord, Lord Wallace, said that if we are not careful we will constantly be adding complexity in the Bill when what we need in electoral law is exactly the opposite. The noble Lord, Lord Collins, talked about the importance of having consensus when we are looking to change the law on how we conduct our elections.
My amendment would mean that the Secretary of State—and the amendment from the noble Lord, Lord Rennard, would mean that the Electoral Commission—would have to publish new guidance to candidates on the changes. It is important that everyone understands any new responsibilities because we cannot have misunderstanding or misinterpretation. It is not fair on candidates and very much not fair on their agents.
Amendment 30B in the name of my noble friend Lord Collins looks at the threshold for payments in respect of any election expenses. We suggest that the threshold would increase. Section 73 of the Representation of the People Act 1983, which is the section on payment of expenses through election agents, states that:
“Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.”
The Minister may be able to clarify this, but my understanding is that this figure of £20 has not been updated since 1985. Clearly, £20 was worth quite a bit more back in 1985 than it is today.
This is a just a probing amendment to suggest to the Government that they could have another look at the RPA in this area. If you are increasing spending in other areas, this is a simple thing that could be done and our suggestion of £65 in the amendment is really just intended to be a starting point for discussion. Sadly, there is not an awful lot you can buy these days for only £20. I beg to move.
The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
My Lords, Amendments 25 and 25A appear to be alternatives.
Lord Rennard (LD)
My Lords, this debate has shown that the noble Baroness, Lady Hayman, is definitely right that we need guidance on this crucial issue of notional expenditure. Many of us think that we do not necessarily need a change in the law, given that the courts have clarified the existing position and we need further guidance about what those decisions by the Supreme Court and Southwark Crown Court mean in practice for candidates and agents.
I believe that the appropriate body to provide such guidance is the Electoral Commission. That is partly because it can obtain legal advice independent from that of the Government; the commission can obtain advice about the meaning of the law that may be different from the interpretation of the Government of the day. It can advise all parties impartially and fairly. The Government’s view is most likely to coincide entirely with how the party presently in power would like the law to be interpreted, and that is not a good thing in a democracy.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I just want to intervene, not about the substance of the matter we are debating but about the process. We have two very interesting parallel amendments which have what one might call different routes to market. The noble Baroness, Lady Hayman, said she did not really mind which was followed. I think she should worry, for reasons I shall explain. We tend to pass by—too easily, in my view—guidance, statutory codes, as just referred to by the noble Lord, Lord Rennard, regulations and rules. Who devises them, who decides what they are, who implements them and who enforces them? I think it is important that, at some point in the debate on the Bill, we take just a moment to think about the different ways this cat can be skinned.
In the debate on Clauses 14 and 15 in the last day in Committee, the noble and learned Lord, Lord Judge, who is not in his place, led the charge, assisted by several other noble Lords from around the House, to give my noble friend the Minister a kicking. I think the idea behind those speakers was to buttress, protect and safeguard the independence of the Electoral Commission. The noble Lord, Lord Stunell, referred to this earlier. Well, up to a point. The noble and learned Lord, Lord Judge, and I are absolutely as one about the need to improve the way we scrutinise secondary legislation in this country; it is clearly deficient and no longer fit for purpose.
The Delegated Powers and Regulatory Reform Committee, under my noble friend Lord Blencathra and now under my noble friend Lord McLoughlin, produced a report at the end of last year about the democratic deficit. The Secondary Legislation Scrutiny Committee, which I chair, produced a report on government by diktat. My noble friend the Minister will be fed up with me going on about this, but we are going to go on and on and talk to our colleagues in the Commons until we begin to get a better balance in the way we handle these things. That is, of course, a debate for another day, but in those two reports, we draw attention to the danger of what one might call tertiary legislation—that is, rules and regulations made by bodies that have little or no democratic control over their self-standing and no parliamentary control. It is important that I used the phrase parliamentary control, not government control. I am talking about control by the legislature, not by the Executive.
What I am saying is in no way a criticism of the Electoral Commission, but times change, commission members change just as Ministers change, and I am not convinced, as a matter of principle, that the Electoral Commission should be given too much independence in devising and implementing processes that go to the heart of our democratic system. We may feel that the system for scrutinising secondary legislation is not good enough, but we do at least have a chance to debate it and talk about it in public, here in your Lordships’ House and in the House of Commons. We cannot amend it, and I know that is a weakness, but we do provide a focal point for people who wish to comment on it, raise issues and express their support for it, discontent with it or opposition to it.
I see the noble Baroness, Lady Bennett of Manor Castle, in her place. The SLSC was very unhappy about some aspects of the procedure the Government followed about GMO and the new regulations, and therefore last night there was a lengthy debate. Could the regulations be amended? No, they could not, but there was a great deal of opportunity for people to express their concerns about that particular regulation. If the Electoral Commission produces a code, ex cathedra, there is no point at which that debate can take place. People can complain about it or write in, but there is no forum where Parliament—again, I say Parliament, both Houses of Parliament—can say its piece about whether it is fit for purpose. After all, it is Parliament that will be most concerned with and most expert in what is being proposed.
I favour Amendment 25, moved by the noble Baroness, Lady Hayman, which says it should go through the Secretary of State. I assume that when she revises her amendment, she will say “by regulation”: he or she is not just going to write it, it will be by regulation that it would come into force. I say to the noble Lord, Lord Rennard, that if he were to amend his amendment to say that the Electoral Commission has to produce a code which will become a statutory code, I think that would also serve the purpose. At present, we need to be very clear that the Electoral Commission is not the answer to everything. There is a need for the democratic process to have some input into the way this is all moving forward, or else we will have a situation where a body may be moving away from the central ethos of what the two Houses of Parliament believe is the right way to conduct things.
Lord Wallace of Saltaire (LD)
This is an important principle. The noble Lord and I have spent some time looking at the Charity Commission, on which he is much more expert than I am. I used to be able to quote CC9 and other bits of Charity Commission guidance by heart when I was a trustee of a charity. Does he think that the principle he is enunciating should apply to most of these commission regulatory bodies, or is the Electoral Commission a special case?
Lord Hodgson of Astley Abbotts (Con)
I think the Electoral Commission is a special case because we are talking about an elections Bill, but it goes wider than that. My noble friend Lord Blencathra is hot on this. He has a list of bodies that are, as he would say, running too free, but the Electoral Commission is a special case because of the nature of the Bill we are discussing. A subsidiary question is, do we need more codes elsewhere? I have some amendments down later on, which we shall get to on Thursday, which will provide a way of clarifying and giving third-party campaigners some security and safety about what they are doing— I think that is much more important. However, that is a discussion for Thursday.
My last point is to the noble Lord, Lord Collins, about his Amendment 30B. We have said again and again that we need to have our election law in one place. The fact we are having to discuss RPA 1983 in connection with this Bill in 2022 shows how urgent this is and how the points made across the Committee need to be taken on board by the Government, who at some point need to find time to pull this all together.
Lord Stunell (LD)
My Lords, I may be able to join up some of the dots in what has just been said, particularly to draw out the position of the Committee on Standards in Public Life. The noble Baroness, Lady Hayman of Ullock, said it would be really useful to know which of the CSPL recommendations the Government believed—or thought or imagined—they had ticked off: which boxes they have ticked and which they have not. Maybe the Minister in reply could undertake to write us a letter which sets out the recommendations and whether the Government have, have not or have partly fitted them into the Bill; I think that would be to the benefit of the debate. Of course, the very first recommendation of the CSPL in that report is that there should be a comprehensive Bill on all election law, as set out by the Law Commission. I know the Minister, in replying at Second Reading, explained that it was all too busy and too complex, so recommendation 1 is not going to happen at this time, but not doing recommendation 1 is causing problems with a whole lot of other things that are happening.
In defence of Amendment 25A, proposed by my noble friend Lord Rennard, the current position is as it was when the Electoral Commission drew up guidance in 2020. It submitted it to the Cabinet Office so that it could be published as a statutory instrument and, whatever the defects of statutory instruments, its guidance would in fact have come before the House. So, there is a downstream process—it may not be very effective, but it does to some extent, I hope, tick that particular box.
Lord True (Con)
My Lords, again I welcome this short debate. It was very good to hear from my noble friend Lord Hodgson of Astley Abbotts. I was not angry about what he said. I agreed with some of his points, and they were certainly points for reflection. There was a point in his speech when I wished he had been the fifth cavalry in the last debate that we had on the Electoral Commission, rather than the 55th, but the 55th cavalry is welcome. I will come on to the question of who is responsible in relation to regulation in a minute. The debate ranged widely, and while the issue of tertiary law, as he put it, and how that is considered, was a little wide of it, I acknowledge it as an important point of reflection.
The Government responded to the CSPL’s report in September 2021. The Bill already contains measures which closely relate to its recommendations. I will look at some of the material which is theoretically before us today, depending on progress. The new requirement for political parties to declare assets and liabilities over £500 on registration was recommendation 10 of the CSPL report. Another recommendation was the restriction of third-party campaigning to UK-based campaigners. These things are set out in Clauses 21 and 24. The Government intend to look at all recommendations from the CSPL, alongside recommendations set out in similar reports, as part of further work on the regulatory framework during and beyond the Bill. I will certainly take those recommendations seriously.
These amendments relate to the clarification of the law on notional expenditure. Some of the ground was covered in previous groups but I thank the noble Baroness, Lady Hayman, and the noble Lord, Lord Rennard, for their points urging timely publication of new guidance. Irrespective of whether we believe that the law needs clarification or, as is the contention which I have heard on the other side, that it does not, clearly publication of new guidance should be timely. It is the responsibility of the Electoral Commission to provide that guidance to parties and people standing in elections. Clause 19(1) amends the provision in electoral law to provide that the Electoral Commission may prepare guidance on election expenses for candidates. These amendments are to make it clear that the guidance can cover the application of the rules in relation to expenses incurred, including notional expenditure.
I cannot give a specific date, as was requested in both elections, but I assure the House that it must be locked into the process of implementation of the legislation. The responsibility sits with the commission, and therefore technically, siding a little in the debate, I think that the Government would oppose the noble Baroness’s idea of giving the duty to the Secretary of State. However, whoever it is given to, I wish to see guidance as quickly as possible. The Government have confidence that the commission will act promptly. We intend to commence the provisions in this Bill on a staggered basis and we will closely engage the Electoral Commission to ensure the readiness of new guidance at every stage.
Lord Hodgson of Astley Abbotts (Con)
When my noble friend says that he has confidence in the Electoral Commission, which I understand, will this be a statutory code, or will it just be guidance, without any statutory backing?
Lord True (Con)
My Lords, there is reference in Clause 19(1) to a duty to provide guidance. I cannot give all the specific details, but it is clearly the intention of the Government that it be covered in that way.
I understand the point made by the noble Lord, Lord Collins, on increasing the threshold at which an election agent is required to approve expenses. The noble Lord is always very thoughtful on these matters. Indeed, the noble Lord, Lord Rennard, referred to the days when £2 was the limit. Clause 20 amends Section 73 of the Representation of the People Act to allow other persons to pay expenses that they have incurred rather than the election agent. This will provide clarity to third parties who have been authorised by a candidate or agent to promote them. The Government are supportive in principle. I can tell the noble Lord, Lord Collins, of increasing relevant values by the value of inflation to ensure that they remain as Parliament originally intended. We raised candidate spending limits for local elections in line with inflation before the May 2021 elections, and we intend to review party and candidate spending limits for all other polls—obviously not those within the legislative competence of the Welsh and Scottish Governments—next year, with a view to uprating them in line with inflation since they were originally set. This should create a baseline for regular and consistent reviews of such limits in future.
The noble Lord has raised an important point. Obviously, consideration will have to be given at each stage to ensure that the implications of changing a particular figure are understood. We welcome further discussion on this point, in the spirit which he suggests, but the Government’s intention is that those levels be reviewed next year. For these reasons, I urge that the amendment be withdrawn.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for his thorough response to this debate.
On the amendment in the name of my noble friend Lord Collins around increasing the threshold, I have a slight concern that, rather than necessarily increasing the threshold, we will be saying, “Other people can also pay for things—it’s not just the agent.” Anybody who has been involved with an election and seen a poor agent trying to put the expenses together will know that if people are allowed to just start spending, it can get extremely complicated and sometimes quite worrying, because the agent needs really good control over the money during an election. I just put that into the debate. If this threshold could be reviewed as part of an ongoing review, that would be very a practical and helpful thing that we could all agree on.
I thank the noble Lord, Lord Hodgson, for preferring my Amendment 25 to that of the noble Lord, Lord Rennard, even though the Minister did not—it is nice to know that somebody felt I was going in the right direction. On the Minister’s response on the CSPL, I was trying to find out about the recommendations that are not included in the Bill—I am aware that some are in it. The Minister said that all the recommendations would be looked at; this House should have an idea of how the Government are taking this forward, whether these things may come forward as SIs in the future, and how they would be implemented.
I was also pleased to hear the Minister say that he believed that publication of new guidance should be both timely and part of the locked-in process of any implementation and that he wants to see the guidance produced as quickly as possible. I thank him very much for his response and beg leave to withdraw the amendment.
Lord Collins of Highbury
“(aa) after sub-paragraph (2), insert—“(2A) The Commission must submit a draft code at least once during each 10 year period.””Member’s explanatory statement
This amendment would amend provisions on the Electoral Commission’s guidance regarding election expenses to ensure that new guidance is published at least once every ten years.
Lord Collins of Highbury (Lab)
My Lords, I hope the noble Lord, Lord Hodgson, will speak in this debate, as Clause 19 sort of addresses some of the issues that he raised in the previous discussion.
I am not as old as the noble Lord, Lord Wallace, suggested, although I have to confess that I have been around for a very long time. I have had responsibility for the statutory adoption of electoral law, and as a trade union official I have been acutely aware of codes of practice and procedures and their statutory basis, particularly on employment law—but I will not go too much into that. With these amendments I am trying to probe the provisions in Clause 19 which says that we will amend electoral law. Again, that makes the point that the noble Lord, Lord Hodgson, made—we have a proliferation of electoral law and there should have been a much bigger piece of legislation to bring everything together so that people whose job it is to apply the law do not have to have this constant reference back to a whole series of requirements.
According to the Explanatory Notes, the clause says that
“the Electoral Commission may prepare guidance on election expenses for candidates. The amendments are to make it clear that the guidance can cover the application of the rules in relation to expenses incurred. This is to ensure that the codes of practice are sufficiently broad and fully serve the purpose of explaining the rules on spending.”
One issue is that we go from codes to guidance. What is what? It is not altogether clear.
Lord Stunell (LD)
My Lords, on Amendment 28B, which is about transparency, perhaps the Minister could comment on some of the recommendations in the CSPL report which related precisely to the point of transparency of election expenditure and its availability in electronic form so that it could be studied more widely and easily. Obviously, that clearly requires legislation and might well properly have been in the Bill.
Baroness Scott of Bybrook (Con)
My Lords, these amendments from the noble Lord, Lord Collins of Highbury, relate to existing provisions in electoral law in respect of codes of practice on election expenses for candidates that the Electoral Commission may prepare.
We have included measures in Clause 19 to ensure that any code of practice on candidate spending from the Electoral Commission is sufficiently broad to fully serve the purpose of explaining the rules on candidate spending, which are set out in the Representation of the People Act 1983. We are making this change to put the scope of the guidance beyond doubt. It is important that the guidance is comprehensive, so that we can address concerns raised from across the political spectrum on notional expenditure.
Amendment 25B would require the commission to issue new guidance at least every 10 years. As the noble Lord said, the commission is already able to amend any such code as required from time to time and must reflect the rules as set out in law. Clearly, the Electoral Commission is expected to keep up to date all guidance, including such a code of practice, and revise it as far as necessary to reflect changes in the law. Therefore, there is no need to legislate in such a rigid fashion.
Amendment 25C would require the Secretary of State responsible for approving the code to consult on that code before its approval. It is for the Electoral Commission to consult whomever it considers reasonable to consult before it submits a draft to the Secretary of State. The Secretary of State can then accept it, with or without modification, and must lay it before Parliament. It is then down to Parliament to consider the code laid before it and decide whether or not to approve it.
Amendment 28A would require the Secretary of State to publish within 12 months of Royal Assent draft legislation to amend the 2000 Act
“for the purposes of increasing the transparency of expenses”.
I say with the utmost respect to the noble Lord that that is quite an imprecise instruction to the Secretary of State. Transparency of electoral expenses is a cornerstone of the UK’s electoral system. Electoral law already has a robust set of controls and reporting requirements which ensure that spending during election campaigns is transparent, and the Bill supports that. Political parties, recognised third parties and candidates are already required to report their election spending, and this includes money they spend on digital campaigning, an issue raised by the noble Lord.
Lord Stunell (LD)
I apologise if I was misunderstood. I was referring not to digital campaigning but to the digital submission of election expenses. At the moment, they are often kept in a cupboard in the returning officer’s office and are not accessible in any way. There are also issues of data redaction, and so on, which make it more complex.
Baroness Scott of Bybrook
I will take that back and get an answer for the noble Lord. It is an important issue, as the way we will do elections in future will be very different because of new IT.
As I was saying, the new digital imprints regime will also improve the transparency of digital campaigning, requiring those promoting campaign content online, paid and unpaid, to clearly show who they are. With that said, I ask the noble Lord to withdraw his amendment.
Lord Collins of Highbury (Lab)
I thank the Minister for her comments. Of course, I am trying to get on record some political points here, so I am going to repeat them. I understand the statutory requirements for consultation by the Electoral Commission, but there is often a failure to consult beyond the political parties, and we need to ensure that that is properly addressed. The noble Lord, Lord Stunell, made a very good point about transparency: if I wanted to look into a particular record, it is extremely difficult to do so, and there are ways to make it easier.
In later debates we will return to the issue of transparency, particularly when we get to Clauses 26 and beyond, but in the light of the Minister’s comments, I beg leave to withdraw my amendment.
Member’s explanatory statement
This amendment removes the amendment currently made by Clause 19 in relation to paragraph 14A of Schedule 4A to the Representation of the People Act 1983.
Member’s explanatory statement
This amendment secures that the amendment made by Clause 19(3) in relation to the procedure for orders under paragraph 3(7) of Schedule 8 or 8A to the Political Parties, Elections and Referendums Act 2000 does not apply where an order under either of those provisions is made by the Welsh Ministers.
“(4) In subsection (4C) of that section, for “(3)” substitute “(3)(a) or (b)”.” Member’s explanatory statement
This amendment secures that the amendment made by Clause 19(3) in relation to the procedure for orders under paragraph 3(7) of Schedule 8 or 8A to the Political Parties, Elections and Referendums Act 2000 does not apply to orders made by the Scottish Ministers.
Member’s explanatory statement
This amendment confines the effect of the amendment made by Clause 20 in relation to section 73(5) of the Representation of the People Act 1983, so that it does not apply to expenses incurred in relation to local government elections in Wales.
Member’s explanatory statement
This amendment removes the amendment currently made by Clause 20 in relation to section 73 of the Representation of the People Act 1983 as it applies in relation to local government elections in Scotland.
Lord Khan of Burnley
“(4) Within 12 months beginning with the day on which this Act is passed, the Secretary of State must publish a statement on the application of this section in—(a) England;(b) Wales;(c) Scotland;(d) Northern Ireland.”Member’s explanatory statement
This amendment is intended to probe the application of Clause 20 in devolved administrations.
Lord Khan of Burnley (Lab)
My Lords, it is with great pleasure that I introduce Amendment 30A on behalf of my noble friend Lord Collins of Highbury. The intention of the sole amendment in this group is to probe the application of Clause 20 in devolved Administrations. The purpose of the clause is to ensure that expenses incurred under Section 75 by a third party do not have to be paid by the election agent. This is achieved primarily through amendments to Section 73 of the Representation of the People Act 1983. Ministers have previously explained that this means that they are able to both incur and pay for authorised expenses under Section 75, rather than the expenses being paid through the agent of the candidate they are promoting. As a result, there will be greater clarity to third parties who have been authorised by a candidate or agent to promote them. I am sure the whole House will agree that greater clarity is important, especially considering the complexity of electoral law, including the system of election expenses. However, I should be grateful if the Minister explained in what different ways this will affect elections in each of the four nations of the United Kingdom.
The development of separate legislatures since the 1990s has seen the gradual transfer of powers to Wales, Scotland and Northern Ireland. This has included powers relating to the holding of elections, which has also meant that, over time, there have been disparities in the way that elections take place across the four nations. Most strikingly, the voting system differs, which in turn has created broad differences in how each legislature is constituted, but the variations go far beyond the surface.
There are many more subtle differences at a granular level, but it is also worth mentioning that the differences between Wales, Scotland, Northern Ireland and England originated before even the first devolution settlements. This is evident from even a brief examination of Section 75 of the Representation of the People Act 1983, which is amended by this clause. This section, which deals with the narrow matter of prohibition of expenses not authorised by an election agent, includes technical references to how this should not mistakenly restrict certain publications and so on. Subsection (1ZZA) clarifies that this includes Sianel Pedwar Cymru, more commonly known as S4C, as well as the British Broadcasting Corporation, more commonly known as the BBC. Ultimately, this illustrates that devolution has created huge complexities across the statute book and, on the sensitive issue of elections, the Government must be considerate of that.
On our previous day in Committee, a pertinent point was raised by my noble friend Lady Hayman of Ullock, who explained to the House that, out of more than 350 legislative consent Motions, consent had been denied just 13 times. Given that this Bill is subject to one of those 13 denials, the House and indeed the Government should be especially considerate of how the remaining clauses could inadvertently have consequences for the devolved nations. As my noble friend also pointed out, the Minister previously expressed his regret at the decision to withhold consent; this disagreement should also be kept in mind when considering the implications of different clauses of the Bill in Wales, Scotland and Northern Ireland.
I hope that the Minister will use this opportunity to explain to the Committee what, if any, consequences she foresees of Clause 20 for the devolved nations. I beg to move.
Baroness Scott of Bybrook (Con)
My Lords, the Bill delivers on the Government’s manifesto commitment to secure the integrity of elections, ensuring that they remain secure, fair, transparent and up to date. The UK Government undertook extensive engagement with the devolved Administrations in preparing the policy and drafting the legislation. For a number of measures that are within devolved competence, the UK Government considered that a co-ordinated UK-wide approach would have been beneficial by ensuring consistency and operability for electoral administrators and those regulated by electoral law, and strengthening protection for electors and relevant political actors. It is therefore regrettable that, while the Government sought legislative consent for these measures, the Scottish Parliament has not granted such consent and the Welsh Government have recommended that the Senedd does not grant legislative consent to these measures.
This amendment would require the Secretary of State to make a statement on the application of Clause 20 in devolved Administrations. This measure will apply only to candidates at reserved elections, and the Scottish and Welsh Governments could choose to replicate these measures in respect of elections within their legislative competence. For clarity and reference, I remind noble Lords that subsections (2) to (7) of Clause 18 make equivalent amendments in respect of other campaigners, including political parties.
We are respecting the request of the devolved Governments by limiting this power in application only to elections within the UK Government’s legislative competence. Clause 25 is necessary because it is important that new categories of campaigner can be added to the list if necessary. This is because the introduction of the restriction on third-party expenditure in Clause 24 means that any category of campaigner not on the list will be significantly restricted in their ability to campaign by not being able to spend more than £700.
The relevant provisions will apply only to matters of reserved or excepted elections, and the Bill makes an important clarification, so that candidates and their agents can have full confidence about their legal responsibilities and do not need to fear being responsible for benefits in kind of which they had no knowledge. The Scottish and Welsh Governments could choose to replicate these measures within their legislative competence.
Finally, I will reiterate that the Electoral Commission will be responsible for preparing guidance on notional expenditure which will support those seeking to contest elections and enter public life throughout the whole of the UK. With that said, I ask the noble Lord to withdraw his amendment.
Lord Khan of Burnley (Lab)
I thank the Minister for that comprehensive response. Just to reiterate, we will continue to have discussions around devolution, as it is affected by many parts of this Bill. In the meantime, I beg leave to withdraw.
Baroness Hayman of Ullock
Member’s explanatory statement
This amendment is intended to probe the £500 limit.
Baroness Hayman of Ullock (Lab)
My Lords, we have now come to the seventh group of amendments, where there are two amendments, Amendment 30C, in the name of my noble friend Lord Collins, and Amendment 31, in my name. Both amendments are probing amendments to Clause 21, which concerns the registration of parties and considers the declaration of assets and liabilities to be provided on application for registration.
One thing that the clause does is introduce the requirement that new political party registrations will have to be accompanied by a declaration that the new party does not have assets over £500 on registration. If it does have assets of over £500, it will be required to produce a record of those assets and liabilities. The amendment looks at the figure of £500 and suggests that it should be changed to £450. The purpose is simply to probe the reasoning behind the figure of £500 and to ask for some information about how that figure was arrived at, whether there was a precedent, and so on.
One thing that I am aware at in looking at the figure of £500 is that the Electoral Commission’s 2018 report, Digital Campaigning: Increasing Transparency for Voters, which I am sure we will debate later on when we get to the digital campaigning part of the Bill, recommended that all new parties should submit a declaration of assets and liabilities over £500 on registration. I wondered whether perhaps that was where the figure came from; it would be useful to understand. Obviously, those recommendations were intended to increase the transparency of digital campaigns and help prevent foreign funding of elections and referendum campaigns. So this is really to probe government thinking: did it come from this group and will be looked at and discussed when we get to the digital campaigning part of the Bill? It would be helpful at this stage to know that.
My Amendment 31 is, again, a probing amendment, looking at the proposals amending Section 28(8) of PPERA about the length of time that the copy of the record of assets and liabilities provided by the party should be kept available for public inspection. The Bill says that this should be for
“such period as the Commission think fit”.
My amendment suggests replacing that with 20 years, as we felt that that seemed like a reasonable amount of time and gave more clarity and detail as to how long a record would be kept available for public inspection. Again, I would be interested to hear from the Minister how that wording came to be decided on and what the criteria are that the Electoral Commission will use to determine a fit amount of time. I do not know whether there is a precedent anywhere else in legislation that has guidance for a fit amount of time. Will the Government be providing guidance on that issue? Are we out of the ball park with 20 years, or are we in the right place? Are there any other areas of electoral law—or similar law, if not specifically electoral law—that the commission would use as some kind of comparison when looking at decisions on that?
I read the Explanatory Notes to see whether there is anything further on this, but there did not seem to be any more information than what is already in the Bill. It would be helpful to get a better understanding of the Government’s thinking on these points, how they intend to take that forward, how they will work with the Electoral Commission and what kind of guidance there might be.
Baroness Noakes (Con)
My Lords, I have one further question to add to the questions that have been put to the Minister. New subsection (3C), which will be introduced by Clause 21, refers to calculation of assets and liabilities. Noble Lords will be aware that, as an accountant, I get interested in how assets and liabilities are measured. I understand the concept of net assets, which is assets minus liabilities, and the concepts of gross assets and gross liabilities. What I do not understand is the concept in new subsection (3C)(c) of assets plus liabilities. Under this, if a party had assets of £255 and liabilities of £250—that is, they had net assets of £5—adding the assets and liabilities together would give a figure of over £500, which would bring it within the scope of the new subsection, which, frankly, I do not understand.
Lord Stunell (LD)
My Lords, I will comment on Amendment 31, which is about record-keeping. I return to the point I made a few minutes ago: it is about not just keeping the records but access to the records that have been kept. There are plenty of “publicly available” records that are not actually publicly available in real life. Election expenses are a case in point: GDPR has added an extra layer of complexity because they often contain personal details, bank details, addresses et cetera that ought not to be transmitted to other persons. Clearly, these records might well come within the same purview. I do not seek a detailed reply from the noble Baroness as that would be quite unfair, but I hope that, as we proceed, the Government will be able to illustrate that they have considered carefully issues of record-keeping, and, indeed, how the transparency that goes with record-keeping will be maintained in the current and projected circumstances.
Baroness Scott of Bybrook (Con)
My Lords, as part of the registration process, political parties are not currently required to submit a declaration of their assets or liabilities. This information becomes available only in their first annual statement of accounts published on the Electoral Commission’s website. Clause 21 brings forward this important transparency to the point of registration.
The noble Lord, Lord Collins, tabled a probing amendment seeking to understand why the threshold for this declaration is set at £500. I am pleased that the noble Lord has highlighted this, and I point to the fact that this measure, including the £500 threshold, was first recommended by the Electoral Commission in its 2013 report.
Baroness Hayman of Ullock (Lab)
If it was a 2013 report, and thinking of inflation, I wonder whether that should have been reconsidered, to come back to an earlier discussion.
Baroness Scott of Bybrook (Con)
The noble Baroness has now undermined the argument about going up rather than down. I have checked that, because I know the noble Baroness mentioned 2018. I have 2013, but I will clarify that. It was also more recently recommended in the CSPL’s July 2021 Regulating Election Finance report, which is more up to date. It would not be proportionate to require parties with assets below £500 to submit this declaration.
On a similar topic, the noble Baroness, Lady Hayman, tabled a probing amendment to understand why the clause specifies that the Electoral Commission should make this statement available for as long as it sees fit. This is simply a matter of consistency with the existing approach to assets and liabilities declarations contained in a party’s annual statement of accounts. Under Sections 45 and 46 of PPERA, the commission is able to keep documents, including the annual statement of accounts, for
“such period as they think fit.”
Therefore, this is simply a technical provision, enabling this first assets and liabilities declaration to be compared with various subsequent records provided by political parties in their annual statements of accounts.
I will write to my noble friend Lady Noakes on her very interesting question, to which I would like to know the answer as well. I will place a copy in the Library so that we are all aware of it. That said, I urge noble Lords not to press these amendments.
Baroness Hayman of Ullock (Lab)
I thank the Minister for her response. Like her, I thought that the noble Baroness, Lady Noakes, asked an extremely interesting question that did not occur to me when I read through the Bill. It was a very thoughtful question to take forward. I am interested to see where that goes.
The noble Lord, Lord Stunell, made an important point about access to records and transparency of record-keeping. It is important that we all take that on board. The Minister gave a clear response on the reasoning behind this.
On my Amendment 31, which would delete the phrase
“such period as the Commission think fit”,
it is interesting to note that this is consistent with what PPERA says. I was not aware of that, so I thank the Minister for that. I wonder whether there is any guidance as to what it means—I have no idea whether it is five or 50 years. It would be interesting to know a little more about that and what happens in practice, so that there will be more information in that area as we take this forward.
Baroness Scott of Bybrook (Con)
I will endeavour to find out exactly what was behind that and let the noble Baroness know, and I will also address the point about transparency and access to all these figures, because that is important. It is no good keeping them unless they are easily available to any person who wants to see them. We will take that back and respond.
Baroness Hayman of Ullock (Lab)
I thank the Minister for that clarification. I look forward to her response. I beg leave to withdraw my amendment.
Lord Collins of Highbury
“(8D) The Commission must refuse an application by a party under this section if assets are declared which are designated under the Sanctions and Anti-Money Laundering Act 2018.”Member’s explanatory statement
This amendment is intended to probe the relationship between sanctions and the registration of parties.
Lord Collins of Highbury (Lab)
My Lords, this is a probing amendment, but it is highly topical. I am trying to see the relationship between the registration of parties and the sanctions legislation that we recently adopted. Following yesterday’s consideration of the fast-tracked Bill, Liz Truss plans to name even more people. It would certainly make it easier for Ministers to impose sanctions on those with Kremlin links. One of the things we addressed last night was the loopholes that have allowed oligarchs and kleptocrats to evade scrutiny. They have been quite successful in hiding their assets, certainly property—an issue we have discussed for quite a long time.
One of the things that I have been banging on about quite a bit is the Russia report and its recommendations on security risks to our democracy from interference from foreign powers and how we address that issue. We addressed this at Second Reading. It is not just some of the messaging and social network-type interference which we have seen, particularly in the US but also here, but about how our political parties are funded.
Boris Johnson told the House of Commons that
“it is very important for the House to understand that we do not raise money from Russian oligarchs.”—[Official Report, Commons, 23/2/22; col. 313.]
For many of us, it was very difficult to take that remark seriously when we look at some of the records that have been exposed. It is obviously impossible for someone with only Russian nationality, however rich, to donate legally to a United Kingdom political party, but what has undoubtedly happened is that a series of people with dual UK/Russian nationality, or with significant business links with Russia, have donated heavily to the Conservatives in recent years. Based on electoral information, Labour has estimated that donors who have made money from Russia or Russians have given £1.93 million to the Tory party or to constituency associations since Johnson became Prime Minister. In the other place, Ian Blackford of the SNP referred to the Conservatives having raised £2.3 million from Russian oligarchs.
I recognise that “oligarch” is a loose term associated with people who generally made their money from the financial free-for-all of the post-Soviet, Putin era, but those people often keep a very close link with the Russian President. One reason the legislation is so important is the connections. You can have a permissible donor who is linked very closely to someone who is not a permissible donor, and if the links to the assets and the finances are obscure it is difficult to follow the money, as Liz Truss said.
One of the biggest single donors to the Conservative Party is Lubov Chernukhin, who has donated £700,000. She has been a British national since 2011 and is married to Vladimir Chernukhin, a former deputy finance Minister under Putin. Documents published in the Pandora papers in October suggest that he was allowed to leave Russia in 2004 with assets worth about $500 million and to retain Russian business connections. Lawyers representing the couple say that none of the wealth was acquired in a corrupt manner and none of Vladimir Chernukhin’s wife’s donations was funded by improper means or affected by the influence of anyone else. That is extremely difficult to understand when you look at some of the documents in the Pandora papers published by the Guardian. Lubov Chernukhin is also notable for winning the prize of a game of tennis with Boris Johnson at the party’s 2020 fundraising ball. It is not clear whether she has managed to get that prize yet.
That shows us the extent of foreign money coming into our political process and our political parties. The reason I am raising that on this clause is that we have yet to see political parties being established for the purpose of undermining the political system we have. I anticipate all kinds of reactions from friends of Putin—to put it that way—that we have not seen before. If our sanctions legislation gets stronger and we have the economic crime Bill that we anticipate seeing in the next Session, we may see this hidden money going in different ways that will perhaps have less scrutiny but very strong connections. I am probing this to see what the Government have thought of in terms of transparency in the establishment of political parties and what they are going to do about the broad recommendations of the Russia report, which they have not really taken into account. We will certainly be returning to the question of donations to political parties later in consideration of the Bill, but I thought that this was an opportunity to look at whether there has been any risk assessment by the Government of how political parties that could fundamentally undermine our system may be established and funded. I beg to move.
Lord Wallace of Saltaire (LD)
My Lords, I am conscious that there are other democracies in Europe which have parties on the right that have admitted to receiving money from Russia as loans or as grants. Happily, this country is not in that position, but a number of shadows hang over our politics and we have got quite close to it on a number of occasions. It currently affects the Government because they refused to publish the evidence the Intelligence and Security Committee collected on foreign interference in British politics four years ago and they have not yet published the evidence on the suitability of those who came in on the golden visa scheme between 2000 and 2015. That report was commissioned four years ago. If one goes back to the referendum campaign, so far as I am aware, we still do not know where the largest donation to the Brexit campaign came from, although I had one very odd conversation with a senior member of the City of London who told me that everyone knew that it came from a particular foreign country. There are issues here. We shall return to them when we get on to donations.
I mark in general that this is yet another reason why we should be lowering the limits on campaign spending at national and constituency level, not raising them, because money corrupts politics. I think that the Conservative Party has come close to corruption in the way it has very successfully expanded its fundraising, with the creation of a donors’ club. I have read on the front page of the Times that donors have said that they are unhappy about what the Prime Minister is doing on this, that and the other, and that clearly shows that donors influence politics to a considerable extent in the Conservative Party.
Yes, of course, we are all guilty. My party has also accepted one or two large and very welcome donations which were a little bit questionable. That is because we are so desperate for money for campaigning—and it is part of the reason why I agree that we should be lowering limits. So, I support the probing amendment from the noble Lord, Lord Collins. We will return to this on a later day in Committee. It is a fundamentally important issue for British politics, because part of what is corroding public trust in politics at present is the deep suspicion that money buys Ministers.
Lord Scriven (LD)
My Lords, I too rise to support the probing amendment in the name of the noble Lord, Lord Collins. Things are moving fast and this Bill needs to keep up, particularly over sanctions. For example, last Thursday Rosneft CEO Igor Sechin was sanctioned by the UK. One of the Conservative Party’s biggest donors is an investor in this Russian state-owned oil firm. The energy firm Mercantile & Maritime, which has a UK subsidiary, gave the Conservatives £500,000 during the 2019 election campaign and is a co-investor in the massive Rosneft oil project. Rosneft is close to Vladimir Putin and has been supplying fuel to Russia’s troops in Ukraine.
The Secretary of State for Business made it very clear that he pressurised the British UK energy firm BP over a similar deal with this oil company, prompting BP to announce its exit from the partnership. However, the Government have been silent about the MME link. They say that this is because it is not a British company, but MME does have a British subsidiary, which clearly means that it can donate to British political parties, both at and outside election time. So, my question to the Minister is this: how would donations by subsidiaries such as MME be recorded, or the relationship between a sanctioned company and one of its subsidiaries be highlighted, in political party donations?
Lord True (Con)
My Lords, I am grateful to the noble Lord, Lord Collins, for initiating this debate, which has been interesting. One of the most memorable moments, perhaps, was when the noble Lord, Lord Wallace of Saltaire, suggested that the British people voted to leave the European Union because of Vladimir Putin. If that is the official view of the Liberal Democrats—
Lord Wallace of Saltaire (LD)
My Lords, I in no way suggested that. I merely remarked that the question of where the largest donation to the Brexit campaign came from has not been explained, which is entirely different. I trust that the Minister is also concerned about that, rather than making jokes about it.
Lord True (Con)
I made no joke. I drew attention to the noble Lord’s remarks, and they will stand on the record. So far as this matter is concerned—and I have heard the cascade of innuendo ending with the remark that Ministers can be bought, which will also lie in Hansard—I move on to a serious response to a serious—
Lord Scriven (LD)
The Minister talks about inuendo; can he say which innuendo? What I spoke about is on the record: it is a clear donation and the links between MME and Putin’s state-backed oil company are clear.
Lord True (Con)
I stand by the remarks I made in response to comments from the Front Bench of the Liberal Democrat party. I would like to—
Lord Wallace of Saltaire (LD)
My Lords, I do not know whether the noble Lord reads the Sunday Times—perhaps he only reads the Sunday Telegraph—but the Sunday Times in the last two weeks has included a good deal of evidence on the role of the donors, access to Ministers and what one of the Conservative Party’s largest donors has called “access capitalism”. Perhaps he has missed all that.
Lord True (Con)
My Lords, I was working on my allotment on Sunday morning. I will come to the point that was raised by the noble Lord opposite, which I take extremely seriously. It is a probing amendment but an important subject. I have discussed it with the noble Baroness and the noble Lord. I look forward also to engaging in discussions when we come to her amendments, which are on an analogous subject.
What the noble Lord suggests is, obviously, on the face of it, a good idea: that the commission should reject the application of a political party if its declaration of assets and liabilities demonstrates assets designated under the Sanctions and Anti-Money Laundering Act 2018. I absolutely recognise the importance of that regime, although a debate on its intricacies does not fall within the scope of this Bill. I do not make any complaints about that, however, and I am happy to address it because of the gravity and importance of the issue.
On the specific point the noble Lord raises—I will be brief—sanctions law is incredibly clear: all individuals and legal entities who are within, or undertake activities within, the United Kingdom’s territory must comply with UK financial sanctions that are in force. This includes not only political parties but candidates and other types of campaigners listed in the relevant areas of the legislation. Where a person or entity is designated as subject to financial sanctions, the nature of the resulting restrictions means that the person’s assets are frozen and consequently that person would be prohibited from using those assets for any purpose. This would include the funding of a political party.
While the Government entirely agree with the principle that sanctioned assets should not be used for the benefit of anyone—including prospective political parties, which we are discussing specifically on this amendment— we believe that the current sanctioning regime already provides for this and we remain to be convinced that an additional provision is required in this Bill. I am sympathetic to the noble Lord’s intentions here. I believe that his point is already acknowledged but, in the light of the importance of the matter that he has raised, I will make doubly sure that that is the case. With that assurance, I hope he feels able to withdraw his amendment. I am ready to discuss the matter with him further, as we have already engaged.
Lord Collins of Highbury (Lab)
I thank the noble Lord for that response. We will return to this issue. I opened my remarks with the Russia report. The Government have said that they have responded to every recommendation, but one remaining issue is interference in our political system. We will have a future debate on donations but it is important to focus on this specific issue. We will see things in future that we have not seen before in terms of attempts to undermine our system, and we have to be prepared for that. I was very pleased that the legislation went through—I would like to have seen even stronger elements to it—but even in today’s Guardian, people are saying that many ways remain for oligarchs to get around transparency declarations, including not only offshore companies but “five close relatives”, who can shift assets so that none of them reaches the 25% ownership level required. We know that people can try to get round these things, and we need to be absolutely vigilant.
I appreciate the Minister’s comments, and that he will come back and speak to me further; in the light of that, I beg leave to withdraw the amendment.
Elections Bill
Tuesday 15th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-III Third marshalled list for Committee - (15 Mar 2022)
Lord Khan of Burnley
“(7B) Subsection (7A) does not apply to a party registered in the Great Britain register in pursuance of a declaration falling within subsection (2)(d) (a minor party).””Member’s explanatory statement
This amendment is intended to probe the application of this Clause to minor parties.
Lord Khan of Burnley (Lab)
My Lords, I shall speak to Amendments 31B, 32 and 32A in this group in the names of my noble friends Lady Hayman of Ullock and Lord Collins of Highbury. Amendments 31B and 32 relate to Clause 22, which prohibits an entity registering as both a political party and a third party, which would allow them to access multiple spending limits. I cannot see any reason to oppose this, which would remove a loophole from the level playing field—those words which have been so often mentioned—and maintain the integrity of the existing system.
In the debate on this clause in the other House, a Minister explained that this change was necessary after an entity registered as both during the 2019 general election, therefore abusing the system. Can the Minister confirm which party this was?
Specifically, Amendment 31B intends to probe the application of this clause to minor parties. While we can assume that major political parties, which tend to have governance units, will be aware of these new changes and will be very unlikely to register in both classifications, we should consider whether the same can be said for minor parties. This brings me to Amendment 32, which is intended to probe how the Government will inform third parties of the impact of this section. On the first day in Committee my noble friend Lady Hayman of Ullock touched on the importance of consultation, and I ask the Minister what consultation there has been on informing third parties of the impact of this section. In particular, I ask about impact assessments on this section. Consultation is particularly important for this Bill. Many of the groups which fall within the definition of third parties can be considered minor organisations which also may not have the necessary structures.
Amendment 32A touches on a similar subject of informing involved parties but relates instead to Clause 23. This clause deals with transitional provision for groups which appear on both registers and would permit them to spend only in one capacity.
I understand that the Minister has been very kind and has had discussions on these matters with my noble friends, but I really hope he can confirm what plans the Government have to involve, engage and inform the relevant parties, and we would really welcome further discussion on this matter. I beg to move.
Baroness Barker (LD)
My Lords, I will follow up on the remarks of the noble Lord, Lord Khan. It is quite puzzling to see how extensive a problem it could be to have entities registered as both political parties and third parties. Indeed, when the noble Lord, Lord Hodgson of Astley Abbotts, did his review of the legislation governing third-party campaigning, he said specifically that he did not see this as a significant problem.
I would like to ask the Minister when he comes to reply whether that situation has changed because of the increase in digital campaigning and therefore ask how this would be monitored and enforced. Whose responsibility would it be? Presumably it would be the Electoral Commission’s, but would it require a new set of digital enforcement measures that it has not had previously?
The other issue that I would like to probe is what engagement there will be with entities that might fall into this category. It is not at all clear to me from the Bill where this proposal has come from and how it is envisaged it will work. I think there is considerable concern among non-party campaigners out there which are small entities that they might fall foul of this when not doing anything intentionally wrong. It would be very helpful if the Minister could tell us the extent of the problem that has led to this having to be put into primary legislation.
The Minister of State, Cabinet Office (Lord True) (Con)
I thank noble Lords who have contributed to this short debate. Our view is that no group or individual should have access to multiple spending limits at an election. Spending limits exist to ensure that there is a level playing field, a concept that I think we have agreed on already in this Committee, and any opportunities to unfairly expand spending limits should be removed.
The noble Lord opposite asked about specific examples. What is propelling the legislation is principle but, obviously, there is the case from the 2019 UK parliamentary general election when a group claimed that it could do that—that is, expand spending limits by registering both as a political party and as a third-party campaigner. The organisation that we have in mind is Advance Together, which was used to sidestep election spending rules. It registered both as a political party and as a third-party campaigner, effectively to double its spending limits. I do not want to go too deeply into the motivations there, but that organisation ran negative attack campaigns against incumbent MPs who were supporters of Brexit in five target constituencies. It was mainly staffed by former Liberal Democrats seeking to stop Brexit. Indeed, they admitted on Twitter:
“Our candidates are there to be tactical. Not to win.”
Whatever the politics, this was a clear abuse of third-party local spending limits, which are limited to £700 per constituency under the RPA. That dual registration leap-frogged the £700 third-party spending limit in the constituency, allowing the third party to spend the higher candidate limit locally, and obviously to benefit from the national third-party spending thresholds. It is hard to believe that many groups would wish to circumvent the rules in this way, but I think noble Lords would agree that it is probably best to be prudent in this regard.
Lord Collins of Highbury (Lab)
Just out of interest, with the application for registration as a political party, was there an awareness of the other application as a third party? Did that not get questioned, and could not the existing rules have addressed the issue? Were the two registrations just allowed to take place?
Lord True (Con)
I would have to be advised on that matter. I understand where the noble Lord is coming from, because I agree that it is hard to believe that a group would want to proceed in that way. I shall share with the Committee what information is available on this.
Lord Wallace of Saltaire (LD)
We on these Benches are totally unaware of this organisation, but I am glad to hear that it was staffed by Liberal Democrats. I am sure the Minister would expect it to be a dastardly Liberal Democrat plot, but I am completely unaware of it. Could his private office provide us with some information and background—there must be some—to inform us of the case, how serious it was and how it was dealt with? It somehow did not hit the Sunday Times on my Sunday morning, just before I got to my allotment.
Lord True (Con)
The noble Lord will be taken to task for not reading the Observer if he keeps coming out with his Sunday morning reading. I was not there and the Government were not there but, looking at the empirical record, we believe that this was a prima facie case. I can report only what information I have: that it was staffed by former Liberal Democrats and operated in five target Liberal Democrat constituencies, but I accept the noble Lord’s assurance that he knew nothing about it.
The clause that we have put in the Bill will prohibit recognised third-party campaigners registering as political parties and gaining access to a spending limit for each registration. The list of individuals and entities permitted to be on the third-party campaigner register will also be amended to remove political parties.
Lord Khan of Burnley (Lab)
I thank the Minister for his detailed response. There were some very good contributions from noble Lords; in particular I welcome the point the noble Baroness, Lady Barker, made on monitoring, enforcing and digital campaigning with regard to this clause. The noble Lord, Lord Collins, rightly probed the whole aspect of communication with the Secretary of State in particular and being a third party as well as a political party.
When I asked the Minister a question, I did not want to cause a debate in the Chamber—it was done with good intentions. We look forward to working further with the Minister and I hope that on Sunday, when he is at his allotment, after he has read the Sunday Times, he can reflect on how he will further involve, engage and inform relevant parties. For the moment, I beg leave to withdraw.
Member’s explanatory statement
The amendments in Lord True’s name relating to Clause 24 restrict the provision made by that clause, so that it applies only in relation to periods involving parliamentary general elections or general elections to the Northern Ireland Assembly.
“(za) could not reasonably be expected to have known they were campaigning within a regulated period,”Member’s explanatory statement
This expands the conditions under which a third party may incur controlled expenditure during a regulated period.
Lord Hodgson of Astley Abbotts (Con)
My Lords, in moving Amendment 33A, I will speak also to Amendment 39. I am very grateful to the noble Lord, Lord Blunkett, for putting his name to the first of those. He has emailed me to say that he is very sorry that he cannot be here and has asked me to apologise to the Committee on his behalf.
This is the first amendment that I have moved. I beg the indulgence of the Committee for a moment so that I can briefly explain the background to all the amendments I propose to this section of the Bill. This preamble will serve as a preamble to all the other amendments we will come to on Thursday—Amendments 39A, 45B, 48A and 54A—and I will therefore foreshorten my speeches on that occasion.
As I explained at Second Reading, I was appointed by the Government to undertake the official review of Part 2 of the inelegantly named Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. Section 39 of that Act required the Government to appoint a person to undertake a review of Part 2 of that Act in the light of the 2015 general election. My report, in the preparation of which I was greatly helped by a tremendous team from the Cabinet Office, was published in March 2016 and entitled Getting the Balance Right.
What is the balance we should seek to achieve? If we all agree that a vibrant civil society is a really important part of a vibrant democracy, in which everyone feels that they have a chance to have their voices heard collectively as well as individually, we need to ensure, on the one hand, that civil society organisations can speak truth to power—power does not always like having truth spoken to it—and on the other that the activities of those organisations are subjected to a proper degree of transparency. That is the balance that my report sought to achieve.
Finally, I make it clear that all my amendments are probing at this stage. I am looking forward to hearing how the Government react to the shape of the amendments I am putting forward before we get to the next stage.
So with that, to horse. These amendments are concerned with what is known as the regulated period. Members of the Committee will be familiar with the regulated period, but for those who are less familiar I will give a very quick summary. The regulated period is the period during which a third party has to keep a total of all qualifying expenses, which are those that can reasonably be regarded as intended to promote a person or procure electoral success at any relevant election. We shall come back to the intent test later, but the Committee can already see that this will not be as simple as it might be.
Accurate data is very important for third-party campaigners, because the total will determine what category of regulatory regime they come under. Nought to £9,999 means there will be no regulation at all. From £10,000 to £19,999 is the new lower tier; and above £20,000 is the tier that exists, which will continue under the Bill and which requires full registration.
The regulated period was set in the 2014 Act at 12 months. The Bill does not plan to change it. There is a strong argument that this is too long a period. It does not reflect the realities of political life outside the Westminster/Whitehall bubble and it imposes a considerable administrative burden on third-party campaigners, especially smaller ones. As such, it might serve to inhibit third-party campaigning unnecessarily.
Let me explain my thinking a little further. It is important to be clear about what the Government’s legislation seeks to achieve and, in consequence, what it seeks to capture. The strategic, overarching approach must be to increase transparency and reduce the possibility of undue influence.
Most third parties tend to have a primary purpose not connected with campaigning at elections. Only a few third parties have been set up solely to campaign, and we were dealing with some of the by-products of that in the amendments that we have just been discussing. I argue that you can divide the activities of a third party into three broadly discrete areas. The first I describe as advocacy, which can be seen as business as usual. This is the work that a charity or voluntary group does year in, year out: the regular pattern of events and activities, such as setting up branches, recruiting people and trying to get some local or national press. In many cases, it is the bread-and-butter purpose of the particular organisation’s existence.
The second part is what I call political campaigning, which comes more directly in the run-up to a general election. It particularly seeks to attempt to influence the wider debate and political process, to shape the form of the debate and hopefully—this is the gold standard—get one of the major political parties to put some aspect of the third-party campaigner’s objectives into the party manifesto. Of course, the targets of this are primarily Ministers, MPs and Members of your Lordships’ House. I argue that people in that particular category should be well able to look after themselves and aim off if they are being unduly pressurised.
The third area is electoral campaigning, which is activity intended to influence people’s voting choices in the run-up to and during an election, at a time when the general public, defined as the people in the saloon bar of the Dog and Duck or on the Clapham omnibus, are switched on and are thinking about and interested in the political process. So the three key elements can be identified in any campaigning as: when the campaigning is taking place, who the audience is and whether the intent is to influence that audience.
In my view, the regulation of third-party campaigners should be only in respect of electoral campaigning—that is, activity intended to influence people’s voting choices in the run-up to or during an election campaign. It should not be seeking to capture or deal with business as usual advocacy or political campaigning.
So when does the electoral campaigning period begin? In the review, I found little evidence—none, really—of electoral campaigning by third parties a full year ahead of the general election. Such research as there is suggests that, outside the Westminster village, the level of interest among the general public in the campaigning activities of third parties, other than in the immediate period, is very limited. Indeed, you could argue that, if you are doing it, you are probably wasting your money.
So what should then be an alternative period to 12 months? Well, we are exceptionally lucky because we have some real-life examples of alternative periods. The regulated period for the devolved legislatures is four months. My noble friend will no doubt say, “Well, that’s devolved Administrations. It isn’t the same as a national event”. But the regulated period for European elections, when they were held, was also four months, and they were national elections. It is not clear to me why a UK general election should have a regulated period that is three times as long as those required in Scotland and Wales, particularly as I have found no evidence of third-party campaigning abuse in elections in those devolved Administrations with only a four-month regulated period.
That takes me to Amendment 39 first—the other one that I am speaking to—which, quite simply, reduces the regulated period from 365 days, or one year, to 120 days, or four months. In one stroke, the bureaucratic burden on third-party campaigners is reduced, without any reduction in effective regulation, in my view.
But, in the spirit of constructive ingratiation that every Back-Bencher should adopt when he is seeking that the Government follow his point of view, I have also tabled Amendment 33A, which takes a different approach, although it has the same objective of clarifying the position of those third-party campaigners. Proposed Section 89A in Clause 24, on exemptions from restrictions, says:
“No amount of controlled expenditure may be incurred by or on behalf of a third party during a regulated period unless the third party”—
after which my amendment would insert the words
“could not reasonably be expected to have known they were campaigning within a regulated period”.
In other words, you give them a general bye because they could not have known.
Baroness Lister of Burtersett (Lab)
My Lords, I support the noble Lord, Lord Hodgson, in his amendments. I am acting as a kind of understudy for my noble friend Lord Blunkett, but I cannot say that what I shall say would be his lines, but in his absence, at least there is a Labour Back-Bencher speaking in favour of the amendments.
I should perhaps first declare my interest as vice-chair of Compass, which is a left-of-centre campaigning organisation that has been promoting a progressive alliance for some years, and as honorary president of the Child Poverty Action Group. I worked for CPAG for many years and, during that time, worked on trying to get child poverty raised as an issue in many general elections.
The question of the 365-day limit was raised in the Public Bill Committee: why is it so long? I think the noble Lord, Lord Hodgson, made a strong case for it being too long. When questioned, the Minister in the Commons had three arguments. The first was that we all have a fairly good idea of when an election will be. Do we? There is already speculation that there could be an election next year. Indeed, those who have been lobbying about the Bill, sometimes groups in combination, could find that they are in the regulated period already. We simply do not know, now that we are outside fixed-term Parliaments. A prudent organisation would need to start taking steps very soon not to get caught out.
Secondly, the Minister argued that, in effect, we are all in it together: we all have the same amount of information, so it does not matter. I will not be affected by this legislation, but the kind of organisation that I am associated with could well be.
Thirdly, and most worryingly, the Minister said:
“People will need to take that into account when they are campaigning politically.”—[Official Report, Commons, Elections Bill Committee, 26/10/21; col. 314.]
Well, exactly. That is the problem: what is often called the chilling effect will take effect. If organisations involved in campaigning take account politically, that could stop them campaigning for large periods of the electoral cycle. That cannot be right. The noble Lord made helpful distinctions. Looking back, when I was at CPAG, there would have been big periods when we could not try to make child poverty an issue because we would have been caught by this legislation.
Perhaps the Minister will have stronger arguments for why 365 days is appropriate, but certainly the arguments put in the Commons were either weak or worrying. I am not clear why we need any retrospective regulated period. Why can it not just start when the election is called? However, in the spirit of compromise, I am happy to support one or other of these amendments and am very interested to hear what the Minister has to say about them.
Lord Wallace of Saltaire (LD)
My Lords, the scars are still on my back from having taken the transparency of lobbying Bill, now an Act, through this House. I remind the Minister that we paused it when we ran into waves of criticism from all sides and arguments that we had not entirely got our own arguments in line. It was not quite as messy as this Bill, but we did at least manage to sort out something which did not displease everyone too much.
I have read the very useful report by the noble Lord, Lord Hodgson, which I compliment him on. It does its best to strike the balance between a number of very difficult and different priorities. All of us who have been involved in politics know that there are many civil society organisations. Some are easily politically neutral—as the Church is, most of the time—while others are inherently a bit on the right. Those of us who are old enough to have fought campaigns that the Society for the Protection of Unborn Children was active in will remember how vigorous, to say the least, it could be in its campaigns and how biased it was. Development NGOs and poverty NGOs, being in favour of greater public sector spending and greater equality, tend naturally to be more on the left. The balance between advocacy and electoral campaigning, as the noble Lord has said, is a difficult one, which we must all strike. In debating this issue with some of the organisations concerned, there were those who felt that they were entitled to campaign entirely as they liked because they were morally right and therefore should not in any sense be controlled in an election campaign.
I agree strongly with the noble Lord, Lord Hodgson, that 120 days is much better than 365 days. We no longer know when the election will be. It is one of the many bits of incoherence of this Government that putting through the abolition of the Fixed-term Parliaments Act in the Dissolution and Calling of Parliament Bill has not sorted out entirely the knock-on effects of that for this Bill. If I recall correctly, in his report, the noble Lord, Lord Hodgson, said that looking back on how various NGOs and civil society groups have spent on their advocacy and campaigning, the spending does come very much in the last few weeks and months before the election, rather than being spread evenly over the previous year.
Therefore, I strongly support Amendment 39 and hope that the Minister will accept that this is a reasonable adjustment in the Bill which the Government could accept, and which makes life simpler for those civil society groups which we all want to see engaging in campaigns and public debate. This tidying up would be a help to all concerned.
Lord Collins of Highbury (Lab)
I thank the noble Lord, Lord Hodgson, for introducing these amendments at this stage. I know that we will have further debates but, like him, I think it is really important to set this in context. I am grateful to my noble friend Lady Lister for doing so. She has an incredible record of promoting civil society and action groups focused on particular issues. I know from my own experience that civil society activity is really important; one of the most important groups I have participated in is one that my party, the Conservative Party and other political parties were a bit uncomfortable dealing with—LGBT rights. It took a civil society, cross-party campaign to change things and influence manifestos.
I said at Second Reading that a thriving democracy is not limited to Parliaments and parliamentarians. Countries that fail to protect their citizens force civil society to stand up for them and defend human rights. That is really important. The noble Lord, Lord Hodgson, and my noble friend, who was more explicit, talked about that chilling effect. That is what we must look at. Perhaps it is even an unintended consequence. However, it is a simple fact that we do not know the date of the general election; it is in the gift of the Prime Minister to set, and sometimes it can be a long campaign and sometimes it can be short. We do not want those civil society organisations campaigning throughout a five-year period, raising issues such as child poverty, to stand back because they fear that they might be caught in this regulated period.
I agree with my noble friend that the simplest solution is to say that the regulated period should start when a general election officially starts, but I will compromise with the noble Lord, Lord Hodgson, on four months. Importantly, in some of his later amendments we will come to issues such as defining what might reasonably be regarded as campaigning, which he rightly raised. I agree about a code of practice being brought before Parliament.
Even if the Minister cannot accept these amendments today—I have no doubt that he cannot—I hope he will take away that this will have an impact on civil society that will impact negatively on our democratic activity. I hope the Government will listen to both the noble Lord and my noble friend Lady Lister.
Lord True (Con)
My Lords, I fear I cannot be as accommodating with these amendments as with some earlier ones on which I invited further discussion. However, I say to my noble friend Lord Hodgson that there are parts later in the Bill where I hope we may be able to have fruitful conversations. However, those are for a future day.
I accept that there is a balance to be struck in these matters, but starting, illogically, with my noble friend’s Amendment 39—I suppose that is the upside-down, Whitehall way of looking at things—on reducing the length of the regulated period, I am sure many would agree that any campaigning up to 12 months before a parliamentary general election could have a significant influence on its outcome. This is not a new principle, nor has it come in since the Fixed-term Parliaments Act. The principle of 12-month regulatory periods has been in place for over 20 years, in which period civil society groups, including the group the noble Lord, Lord Collins, referred to—I nearly called him my noble friend—have been able to be very effective and move mountains within the electoral system.
Lord Wallace of Saltaire (LD)
The Minister referred to the established 12-month period. I was not aware of it as an established principle. Perhaps now or in a letter, the Minister will tell us when it was established, how long it has been in effect and how it has been tried and tested, since he is so good at telling us that.
Lord True (Con)
My Lords, I will stand corrected if it is not the case, but the principle of a 12-month regulatory period has been in place for more than 20 years. That is the advice I have and if I am wrong, I will gladly correct that; no doubt my noble friend behind me will correct me very fast.
The closely related Amendment 33A seeks to create an exemption from expenditure rules for third-party exempt campaigners where they could not reasonably be expected to be aware that they were campaigning during a regulated election period. One understands the arguments that were put, but regulated periods have been in place for years. Third parties engaging in election campaigning should be aware of the rules and of the existence of regulated periods. However, the Electoral Commission has produced extensive guidance to help third parties understand the rules. It states:
“Most campaign activity undertaken before an election is announced is unlikely to meet the purpose test”.
It is an important test that is specifically intended to protect civil society, because
“you are unlikely to be reasonably regarded as intending to influence people to vote in an election when you do not know or expect that the election is happening.”
I have heard arguments around the corner of that, but the basic principle of the purpose test is there, and therefore the Government do not accept the idea that regulated periods for third parties are overly burdensome. It is important that spending is regulated and transparent and it is right that spending that promotes a political party in the lead-up to an election is regulated, whether that is undertaken by the party itself or by a third-party campaigner. Therefore, with great respect, I fear that I cannot accept my noble friend’s amendment and ask him to withdraw it.
Lord Hodgson of Astley Abbotts (Con)
I thank noble Lords who have participated in this debate. The noble Baroness, Lady Lister of Burtersett, and I can disagree violently, have done and will no doubt do so again in the future, but sometimes we can agree violently, and I am glad that tonight is one of the evenings when we do. I thank her for coming along at 9.20 pm to lend her support. The noble Lord, Lord Wallace of Saltaire, is quite right to remind us that third-party campaigners can be self-regarding and feel that they are by definition good. They are not all good, and we always need to bear that in mind. As I have said before, they are not populated entirely by angels. The noble Lord, Lord Collins, made a point about inadvertently catching people who are trying to do their best, but it all goes wrong.
I would not be happy about linking this to the calling of a general election. Some general elections come out of blue, but usually there is a period of electoral tension building up, and that is when efforts that would be part of electoral campaigning mode could be made. Not always, but most of the time, elections build up a bit and you know a month or two beforehand that something is likely to happen. That is why I think that four months is the right period.
However, my noble friend is not going to accept these proposals. He is entirely right to say that the Electoral Commission has worked hard on guidance. This takes us back to the old question of whether the guidance will hold true when something goes wrong—but the commission has tried very hard and I want to put that on the record.
As far as the period is concerned, 2014 made it the law; before that, it was practice. I, too, stand to be corrected. It had been understood that a year was about the time we should be keeping an eye open but, from the 2014 Act, it was the law. I can only say that “What we have, we hold” is not always a good answer. I do not think that it is a good answer here but, for the time being, I beg leave to withdraw the amendment.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 33, line 26.
Baroness Hayman of Ullock
Member’s explanatory statement
This amendment would probe the decision to limit expenses at £700.
Baroness Hayman of Ullock (Lab)
My Lords, a couple of the amendments in this group relate to Clause 24, and then one moves on to Clause 25. Amendment 35 in my name is specifically an amendment to Clause 24. I should say at this stage that the noble Lord, Lord Wallace of Saltaire, has given notice of his intention to oppose the Question that Clause 24 stand part of the Bill. We have had quite a wide debate around Clause 24 during our debates on earlier groups, so I do not intend to go into any of the detail on it. The Committee and the Minister are clear about our concerns, so I will leave the noble Lord, Lord Wallace of Saltaire, to go into more detail when he speaks on the reasons why he wishes to oppose the Question.
In many ways, Amendment 35 is similar to earlier amendments of mine that we discussed in previous groups, which probed how certain figures had been reached in the Bill. This one is particularly about the decision to limit expenses to £700. I had a look at the Explanatory Notes to this section of the Bill. They say:
“Third-party campaigner controlled expenditure is only regulated during a regulated period. The offence under new section 89A(4) or (5) will only apply during a regulated period. New section 89A(2) outlines that 89A(1) will not apply to third-party campaigners spending below £700”.
I hope noble Lords will bear with me; I am going to put my specs on to be certain that I am reading this correctly. The Notes say that
“this mirrors section 75(1ZZB)(a) and (1ZA) of the RPA 1983.”
My first thought was, “Aha, perhaps that’s where the figure of £700 comes from”. However, Section 75ZA of the RPA says:
“The returning officer or the Electoral Commission may, at any time during the period of 6 months beginning with the date of the poll at a parliamentary election, request a relevant person to deliver to the officer or Commission a return of permitted expenditure in relation to a candidate at the election who is specified in the request.”
It goes on to clarify:
“‘Return of permitted expenditure’ means a return—(a) showing all permitted expenses incurred by the person in relation to the candidate, or (b) stating that the person incurred no such expenses or that the total such expenses incurred by the person was £200 or less.”
I may have missed further amendments to this, but I would be grateful if the Minister could clarify that I have read that correctly.
I also looked at Section 75(1ZZB) but could not find a reference to a figure there, either. However, it did provide a link to the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. I sympathised with the noble Lord, Lord Wallace, when he said he still has the scars on his back from that Bill; I am rather glad I was not here at that stage. I took a look at that, but again I could not find a spending amount specified.
The Minister and noble Lords may be beginning to think that I do not get out enough, but I like to try to understand what is being presented to me. Therefore, I would be grateful to the Minister if he could shed any light on how the amount of £700 was reached. Perhaps I am just looking in the wrong place.
Amendment 45A sits within Clause 25. The noble Lord, Lord Wallace, has given notice of his intention to oppose Clause 25, and I have added my name. Amendment 45A would require the Secretary of State to
“consult the Electoral Commission before making an order under subsection (9)(a).”
As the Explanatory Notes clearly say:
“Clause 25 makes provision for the amendment of the list of eligible categories of third-party campaigners in section 88(2) of PPERA 2000. This allows for the ability to add, remove or amend categories of third-party campaigners from the list in section 88(2). This will allow for any new categories to be added to or removed from the list should that be necessary. Any change would have an impact on who is permitted to incur controlled expenditure during regulated periods under new section 89A.”
We will discuss Clause 25 in greater detail when we come back next week. That is the time to have the big debate on this. Time is getting on—it is nearly 9.30 pm—so I do not intend to go into a lot of detail on Clause 25 at the moment.
Our concerns reflect those of trade unions, charities and other third-party organisations, mainly around the fact that the effect of bringing together Clauses 24 and 25 would be to allow the Secretary of State by statutory instrument to add, remove or define permitted participants in election campaigning and effectively to prevent categories of organisation spending more than £700 on election campaigning in the 12 months leading up to a general election.
I have spoken to a number of charities recently. They have said to me that they can perfectly properly campaign on political issues in support of their charitable aims, including during elections. The activity is already appropriately regulated, including by the Charity Commission. They cannot pursue their charitable aims solely through political campaigning, nor support or oppose a political party or candidate. This comes back to some of the points that the noble Lord, Lord Hodgson, made previously. In many ways they exist for public benefit. They are engaged in campaigning to further their charitable purposes and support policies that achieve them—not for a specific political party. Their expert and independent voice is an important aspect of a well-functioning democracy and is vital in raising awareness, educating the public and scrutinising policy-making.
We know that registering with the Electoral Commission as a third-party campaigner is necessary to be able to spend above certain limits on election-related campaigning. For example, many animal welfare groups want to promote animal welfare as an electoral issue or highlight the different views of parties and candidates. This is perfectly acceptable within an election campaign, but the broad power that these two clauses bring together has the effect of potentially allowing the Government to prevent charities, or any other category of campaigner, registering as a third-party campaigner.
The amendment in this group we are considering in relation to this specifically looks at new subsection (9)(c), which gives the Secretary of State the ability to vary
“the description of a third party”
in the list. We are asking that:
“The Secretary of State must consult the Electoral Commission”
before he is able to make an order under this subsection.
Under Clause 58, regarding information to be included with the electronic material, the Government are able to make regulations under the powers in Part 6 of the Bill only following a recommendation from the Electoral Commission or consultation with it. My question to the Minister is: why are the Government happy to put in the Bill consultation with the Electoral Commission in that section, on electronic materials, but not in this section, regarding the ability of the Secretary of State to amend the list of recognised third parties, which could have far more serious consequences?
As I said, we will have a wider debate next week on Clause 25. I beg to move.
Baroness Barker (LD)
My Lords, at this late stage, I want to thank the noble Baroness for her introduction. I do not intend to repeat many of the points that she put forward, which were entirely valid.
The history of legislation in this area over the past 20 years is of fundamentally confused aims which are compounded over time and, particularly these days, are exaggerated by new forms of digital campaigning. It becomes increasingly difficult to achieve the stated aims of the legislation, which is to understand who exactly is undertaking campaigning, how they are doing it and where their funding is coming from. Until such time as we sort out some of the points that the noble Lord, Lord Hodgson of Astley Abbotts, directed us towards, about what legitimate advocacy is and what party-political campaigning is, we will never sort this out entirely.
At every stage of this legislation, we have to ask what problem it is supposed to be answering. Do you know what? It is never very clear. That is a fundamental problem. My understanding of Clauses 24 and 25 is that they try to limit third-party campaigning to specific UK-based bodies and therefore to stop foreign interference. I am not entirely sure about that. As somebody who spent an awful lot of time in the charity world, I look very carefully at the description of entities. The Explanatory Note for Clause 24 states that it
“inserts new section 89A(1) of PPERA, which will prevent any third party from incurring controlled expenditure (including notional expenditure) during a regulated period, unless it is either eligible to register under section 88(2) of PPERA or an unincorporated association with the requisite UK connection”.
Does “unincorporated association” mean a charitable entity? What does “requisite UK connection” mean? Does it mean registered as a charity in the United Kingdom or not? As the noble Baroness said, under Clause 25, the Electoral Commission has something that we might welcome; that is, an ability to stop whole classes of organisations or entities registering, but, at the moment, we do not know what they are or what they might be. If we did, we might agree, but there is something about the way in which this is all written that is unclear.
That leads us on to the key problem that that creates, which is how the Electoral Commission or the police will enforce this, particularly if it is entities of an uncertain nature outside the United Kingdom. It sets up yet another problem. I would therefore welcome it if the Minister could unpick all that and explain to us precisely what is going on here and what it is that we are trying to sort out.
Lord Stunell (LD)
My Lords, the noble Baroness, Lady Hayman of Ullock, very generously attributed to us two items of business on this string that were actually submitted primarily by her colleague, the noble Lord, Lord, Collins—that is Amendment 45A—and herself in respect of opposing the Question on Clause 24. I refer to page 8 and 9 of the second Marshalled List of amendments to support the validity of the counterclaim I am making.
The intention to oppose the question of Clause 24 was tabled in the name of the noble Baronesses, Lady Hayman of Ullock and Lady Meacher, who is in her place and may well want to speak to that proposition. All I wanted to say at this stage is that the noble Baroness, Lady Hayman, has opened up the big questions that lurk in relation to Clause 25. We will very certainly and definitely want to return to that, and we have stated our intention to oppose the Question that Clause 25 stand part of the Bill. But that is clearly not part of this string, and I think we will be resuming discussion on that at another time.
My noble friend Lady Barker has quite rightly pointed at the fog that surrounds the intended purpose of Clauses 24 and 25, and the lack of what I would describe as a credible justification for the alterations proposed in these two clauses, particularly in relation to Clause 24, seeing as that is the one that is in front of us at the moment. My noble friend Lady Barker pointed out some of the questions that arise from that. My understanding—maybe the Minister in replying could confirm it—is that an unincorporated association would, for instance, include an organisation which I believe is called the West Midlands Industrialists, which channels funds directly to the Conservative Party—entirely legitimately; I am not suggesting anything different. An unincorporated association could be a trade association, formal or informal; it could be some kind of NGO; it could just be an informal grouping that has got its constitution together. It is an entirely separate issue whether they are legitimate bodies to be funding elections—but the law as it stands says that that is legitimate. Except insofar as deleting Clause 24 might form part of the agenda for the rest of this evening, there is no proposal before us to change that. But I think we should perhaps ask the Minister if he or she can rehearse the unincorporated associations question, so we can understand, perhaps a bit more fully, what we will in essence eventually finish up this evening by nodding through. With that, I defer to the noble Baroness, Lady Meacher, who I am sure will want to speak on Clause 24.
Baroness Meacher (CB)
My Lords, I rise to support the proposal on Clause 24 in the name of the noble Baroness, Lady Hayman of Ullock, to which I added my name. I think most of the points that need to be made have been made very well. I have some sympathy with the proposal from the noble Lord, Lord Hodgson; I think four months is a great improvement on a year as a bar on campaigning that might possibly be understood to be electioneering by small voluntary organisations—a very great improvement, actually. The real thing is whether we need this at all. I am very conscious that Clause 24 actually creates an offence. A small, rather vulnerable voluntary organisation could be setting out why its cause is so important and subsequently find it has done this within an election year; and it may be fined, I suppose, for this breach and for committing an offence.
So many bits of this Bill seem contrary to the whole essence of our democracy. Civil society contributes so very much to our political life through its work drawing attention to vulnerable groups and so on. I worked with the Child Poverty Action Group, as did the noble Baroness, Lady Lister. I was there for some years. When you are trying to draw to the attention of political parties just what really poor people are going through, how on earth could you be committing an offence if someone later calls an election?
I have a lot of worries about Clause 24, particularly because it creates that offence. It is a bit strange to me that Clause 24 stand part and Clause 25 stand part have been split because a lot of my concerns about Clause 24 are in fact deep in Clause 25—so much is left to regulations and Ministers can determine all sorts of things in relation to this provision. We will get on to that next time. I think that Clause 25 compounds the worries about Clause 24; I hope very much that the Minister will take this seriously and that the clause ultimately will not stand part.
Lord Scriven (LD)
My Lords, I wish to speak in support of the probing Amendment 35 in the name of the noble Baroness, Lady Hayman. We have to ask what my noble friend asked. What is this trying to solve? In the regulated period of one year and at a figure of £700, we are saying that an organisation that spends £1.91 a day for 12 months before a general election could be committing an offence. That is the amount that would have to be spent per day by the organisation or £13.46 a week or £58.33 a month. The very simple question I would like to ask the Minister is: how was that daily amount of £1.91 calculated? Why is it deemed to be illegal if an organisation exceeds that amount and exactly what problem does it solve?
Lord Wallace of Saltaire (LD)
My Lords, may I ask the Minister a question? I do not entirely understand this clause and the unincorporated association element is the least clear to me. I googled “unincorporated association” this morning and came away more confused than when I started. I think we would all be very grateful if the Minister’s office could circulate a letter explaining why this is there, what sort of organisations they have in mind, whether there is a history or problems with unincorporated associations and, if so, what they were, so that we have some idea of why this is necessary. I get a sense from others who have spoken that we are puzzled by where this clause is coming from, why it is there and what it is intended to do.
Lord True (Con)
My Lords, I have to confess that I irritate my wonderful team in the Box when I say—and this of course plays straight into the attack—why is this not a consolidation Act? Of course, in the great scheme of things, consolidation Acts on all sorts of things would be wonderful. As I have said, this is intended to be a reforming Act dealing with some matters which are relatively urgent, but I agree that the way that it operates is relatively opaque and I understand why noble Lords have asked these questions.
Like others, I am not going to stray into Clause 25, although I realise there is an interrelation between the two. I know from the engagement I have had with colleagues on all Benches that Clause 25 is an issue which the House wants to consider in some detail, and I am fully ready for that. If the House will forgive me, I will not go into that except in so far as it deals with this matter.
Clause 24 is intended to do something that we would all like to do, which is to ensure that campaign spending comes only from UK-based or otherwise eligible sources. The clause is intended to address some of the concerns raised by the DCMS Select Committee in the other place in a 2019 report on disinformation—so-called fake news and foreign interference in UK elections.
Lord Wallace of Saltaire (LD)
I am sorry to be obtuse. I do not entirely understand Clause 24(7), which defines the requisite UK connection of an unincorporated association. I think I understand it as meaning that there must be at least two people associated with it who, while they and anyone else in the unincorporated association may be living overseas, are at least on the register. Is it therefore envisaged that we will have more unincorporated associations which are based overseas but campaigning in Britain?
Lord True (Con)
My Lords, it is required to have a UK connection. I will write to noble Lords to explain that clearly. In the two days that I have been listening in Committee, your Lordships have rightly—sometimes gently, sometimes aggressively—asked the Government to deal with foreign intervention. That is what this clause is intended to bear down on. We can have further discussion on the meaning of subsection (7) and I will undertake to write on that but I hope that, with those assurances—
Baroness Meacher (CB)
I apologise for intervening at this time of night, but it would be so helpful if the Minister could be absolutely clear. My understanding is that charities are all on a list and can campaign; that is fine. Can he confirm, to me anyway and perhaps to the House, that UK-based organisations that are not necessarily charities but nevertheless promote all sorts of interests will not be covered by this offence and by these regulations?
Lord True (Con)
Again, to help the House, I will write to clarify that. The clause refers to the bodies which the clause applies to—sorry, that sounds very circuitous. A third party that falls within any paragraph of Section 88(2) of PPERA is exempt from the provision. I will make that clear in more correct legal language, but that is how I understand it as a lay person. I hope that I can reassure the noble Baroness absolutely on that. I will check it with my officials tomorrow. I hope that, leaving aside whatever questions there may still be about Clause 25, your Lordships will accept that Clause 24, however imperfect, should not be excised from the Bill.
Lord Scriven (LD)
Before the Minister sits down, on the £700 limit, have the Government done any assessment of how many UK-based organisations that spend between £700 and the existing amount of £20,000 will be affected by the potential change in this legislation?
Lord True (Con)
The change refers to foreign or otherwise ineligible third-party campaigners. I do not know how many foreign organisations there might be that might want to be caught, but if I had such information, I would gladly share it with the noble Lord. As I have said—if I could just complete the explanation—the Section 88(2) organisations are not caught by this provision.
Lord Scriven (LD)
Organisations which at the moment spend below £20,000, which will now go down to £700, will be affected. My question is: how many UK-based organisations that will spend between £700 and £20,000 will be affected by the change? I accept what the Minister says vis-à-vis foreign interference, but there will be organisations in the UK that spend between £700 and £20,000 within the 365-day period that will be affected by this, that are not registered. How many organisations have the Government assessed will be affected?
Lord True (Con)
My Lords, there are other provisions in the Bill in relation to lower-tier and upper-tier spending, and in relation to the £10,000 and the £20,000. It is not specifically related to these provisions. I repeat my undertaking to the noble Lord that I will try to give him the advice he is asking for. Whether my officials, or the Electoral Commission, have a full list I cannot tell him at this hour. I understand that he might be concerned, but I urge noble Lords to understand that this clause is intended to apply to foreign entities.
Baroness Hayman of Ullock (Lab)
I thank the Minister for his response to these amendments and other noble Lords for their contributions to the debate. I apologise to the noble Baroness, Lady Meacher, for forgetting to say that her name was with mine on the notice of our intention to oppose Clause 24 standing part of the Bill, and I thank her for her contribution.
The debate has raised some important issues that we will come back to, not just next week but further on in the debate. The Minister explained that Clause 24 is intended to bear down on foreign interests, and that only people with legitimate interests to influence UK elections should be able to contribute. I do not imagine that anyone would disagree with that aim, but there are still concerns about it. I am sure that we will revisit issues around foreign donations when we reach the clauses on overseas electors.
Regarding my inability to find the £700 in the RPA, if the Minister has a moment, or if one of his officials could send me the link so that I can see it with my own eyes, that would be marvellous. One concern here is the effect of the combination of Clauses 24 and 25 together; there is a bigger concern around that. I am sure we will revisit these concerns about Clauses 24 and 25, because they are so interconnected. I am sure that other noble Lords, as well as myself, would very much welcome further discussion with the Minister on this area, because there are very genuine concerns, particularly among a number of other organisations, including charities. For now, I beg leave to withdraw my amendment.
““reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).”Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 33, line 26.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 33, line 26.
“(4) In subsection (3), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).”Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 33, line 26.
Member’s explanatory statement
This amendment limits the order-making power conferred by the inserted subsection (9) for section 88 of the Political Parties, Elections and Referendums Act 2000 so that the power can be exercised only for the purposes of periods involving parliamentary general elections or general elections to the Northern Ireland Assembly.
Elections Bill
Thursday 17th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-IV Fourth marshalled list for Committee - (17 Mar 2022)
Lord Collins of Highbury
Lord Collins of Highbury (Lab)
My Lords, I am acutely aware of the call from the noble Lord, Lord Hodgson, so I will try to avoid speaking for too long, but at times there are points of principle that one has to address. Of course, the good thing about Committee is that the House is at its best in terms of probing what exactly is meant by and what is the intent of particular clauses. I have sought to get a clear view about the impact of Clause 25 and where it could lead.
The noble Lord, Lord Hodgson, has said many times in the House that the majority of non-party campaigning organisations, whether they are unions, charities or think tanks, do not exist primarily to campaign in elections. Expressing a public view at election time is not their primary purpose. The vast majority of their expenditure and activity is on other work, and they generally have quite limited staff—or volunteers, for that matter—to give support for election regulation compliance. The rules require these non-party campaigners to make a judgment about where they have incurred regulated expenditure.
As we have heard in previous debates—of course, lot of these clauses are interrelated—the guidance of the independent Electoral Commission is invaluable in helping non-party organisations navigate incredibly difficult and complicated rules that are defined loosely in legislation. There is a requirement to lean on the Electoral Commission. The fact that a Secretary of State could, under the Bill, direct the commission to amend its guidance—in effect, changing the rules—is deeply worrying.
As we have heard previously in Committee, election expenditure is regulated for the 12 months leading up to a general election. As the Minister rightly pointed out, this has been in place for quite a while. If the definition of what constitutes regulated campaigning were to change during that period, organisations would clearly find themselves having breached the rules retrospectively. That, of course, is the chilling effect that we have referred to that we need properly to address.
It goes without saying that this level of ministerial and therefore political oversight of the Electoral Commission undermines the independence of the regulator and opens the door to political interference in the regulation of campaign activity by party and non-party campaigners alike. This is deeply worrying; it conflicts with our democratic traditions and is an extension of the trend of governmental interference in previously independent regulators.
The legal definition of “joint campaigning” is loose and organisations rely on the Electoral Commission’s guidance to tread the line between working in a formal coalition and the usual sharing of information and communication that happens organically between organisations that have common goals, even if they do not have a common structure.
The Deputy Chairman of Committees (Lord Haskel) (Lab)
My Lords, if this amendment is agreed, I cannot call Amendment 44, because of pre-emption.
Lord Wallace of Saltaire (LD)
My Lords, I will speak on whether Clause 25 should stand part, which is grouped with these amendments in an attempt to improve Clause 25. I will begin with some remarks about Part 4 as we have so far examined it.
I came away from Tuesday’s Committee much more worried about the coherence of this Bill than I had been until then. We learned that Clause 18 is there primarily to reverse the court’s judgment in the Thanet election case, although the noble Baroness, Lady Scott, in her reply, attempted to persuade us that it does not really change the law; in which case, the clause is not necessary. We learned that Clause 22 was entirely about the threat to our electoral system posed by a body called Advance Together, which, on examination, fought five seats in the 2019 election and gained in total just over 400 votes. We did not learn the purpose of Clause 24. Indeed, after the Minister’s explanation, I and others were more puzzled about the purpose of this clause than we had been before we started, and worried as to whether there is some underhand objective that we have not yet uncovered.
When reading through Section 88 of PPERA last night, which defines “recognised third parties”, I could find no reference to unincorporated associations as recognised third parties. Can the Minister or his staff kindly inform me before Report whether the inclusion of unincorporated associations in Clause 24 is intended to bring these bodies within this category for the first time or whether they were already covered in existing legislation? I also found in the briefing a reference to permitting only overseas-based unincorporated associations consisting entirely of UK citizens, which is not the wording in the Government’s text.
The Minister gave us to believe that the small group of former Liberal Democrats who formed Advance Together, and then merged it into Renew, represented a major threat to the UK, but that foreign money and foreign interference, most evidently from Russia, do not present any serious threat. The Minister suggested that the paragraphs in the ISC’s Russia report and elsewhere that flag up the seriousness of that threat are little more than “innuendo”. It is astonishing that he can suggest that Russian interference should not be a serious concern to us as we consider this Bill—at this point above all.
Now we have Clause 25, which gives full power to the Secretary of State to add or remove descriptions of third parties from the approved list. I am grateful to the Minister for offering us a government amendment to delete the power to
“make such amendments of this Part as the Secretary of State considers appropriate”,
but this is only because the Government consider that PPERA already provides sufficient authority. As I wade through sections of PPERA to understand the provisions of this Bill, with the occasional reference to the earlier Representation of the People Act, I am repeatedly reminded of the CSPL’s declaration in its report on election finance that there is an “unarguable” case in favour of consolidating and simplifying electoral law.
The Minister must recognise, as he struggles to explain and justify this Bill clause by clause, that it totally fails to consolidate or simplify. The Electoral Commission’s briefing for Second Reading stated, accurately, that the changes in Part 4, including these clauses,
“would add new requirements to laws which many campaigners have said are already complex and hard to understand. The added complexity of these changes could deter some from campaigning at elections ... Voters could therefore ... hear from a narrower range of sources.”
It therefore falls to the Minister to justify the inclusion of Clause 25 and the powers that it gives to the Secretary State, and to explain, as we keep asking, what problem it is intended to resolve. If he cannot persuade us that it is necessary, we shall ask for it to be removed.
Baroness Meacher (CB)
My Lords, I support the intention to oppose Clause 25 standing part of the Bill, tabled by the noble Lord, Lord Wallace. In so doing, I also support Amendments 41 and 42, tabled by the noble Lord, Lord Collins of Highbury.
Clause 25 introduces significant delegation of powers in relation to Clause 24, as the noble Lord, Lord Wallace, has indicated. We understood from the Minister last week that the purpose of Clause 24 is to protect the country from electioneering by overseas organisations. I am quite happy to support the Government in that purpose. However, the Minister was unable to assure the Committee last week that non-charitable civil society organisations in this country would remain outside the scope of Clause 24 and therefore also, importantly, of Clause 25. I hope that the Minister can clarify this significant point in his summing up.
I do not want to repeat my concerns about Clauses 24 and 25, which I expressed last Thursday, so will focus solely on the delegated powers in Clause 25, and in so doing declare my interest as a member of the Delegated Powers and Regulatory Reform Committee.
It is concerning that, in Clause 25, the Government have provided wide-ranging powers for Ministers to amend Section 88 of the Political Parties, Elections and Referendums Act 2000 to which Clause 24 applies. In a sense, it feels a little unnatural to be talking about Clause 25 when these two clauses are so very closely aligned and intertwined. The Government need a very good reason to introduce Henry VIII powers under which a Minister can amend an Act of Parliament.
I want to focus on Clause 25(1)(b) in that respect. I am sure that the Minister is aware that the DPRRC has particular concerns about this paragraph, which relates to the list of third-party organisations that can exceed the spending limits contained in Section 94 of PPERA. He may also be aware that, in its memorandum to the DPRRC, the department admits that preventing other categories of third party being able to campaign has the potential to impinge on freedom of expression under Article 10 of the ECHR and the right to enjoy a free election under Article 3 of the first protocol of the convention. The department has argued that it is important that, if a legitimate category of third party emerges, it can be added quickly to the legitimate categories to ensure that these restrictions on campaigning remain proportionate and no more extensive than is necessary to meet the aim of preventing campaigning by those with no genuine stake in the UK. As I said, I understand that objective, but this clause seems to go much wider and, with the delegated powers in Clause 25, we have no idea where it may go. The DPRRC is clear that the Minister needs to explain the need for Ministers to have Henry VIII powers to remove third parties. If Ministers are unable to provide a satisfactory explanation, these powers are inappropriate. That is the view of the DPRRC, not my view—I am simply a member.
I have brought this issue to the Floor of the Committee because if the Minister can explain the need for these Henry VIII powers in Clause 25 it may help noble Lords when deciding whether to bring back this issue on Report. I hope the Minister will be able to assure us that organisations based in the UK and which are not controlled from overseas will be clearly excluded by the Bill from Clauses 24 and Clause 25, thus taking fully into account the concerns of the DPRRC.
Lord Hendy (Lab)
My Lords, it is a pleasure to follow the noble Baroness, Lady Meacher. I too am a member of the Delegated Powers Committee and I support everything she said about the delegated powers provisions we are considering. I declare my interests as set out in the register. I support the amendments proposed by my noble friends Lord Collins and Lady Hayman.
There are 6.56 million trade union members in this country, which is one in 10 of the population, from babes in arms to our oldest citizens. Trade unions were defined by Sidney and Beatrice Webb in The History of Trade Unionism, in 1894, as
“a continuous association of wage earners for the purpose of maintaining and improving the condition of their working lives.”
They achieve this in two ways: first, by seeking to regulate relations between workers and employers, a purpose which is captured by Section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992, and, secondly, by campaigning for changes in the law. They have a glorious history in that respect, from the “Ten Hours Act”, factory and mines legislation, and, after they had formed the Labour Party, the Trade Disputes Act 1906 and many other pieces of legislation through the 20th century.
That campaigning function is a legitimate activity, protected by Articles 10 and 11 of the European convention. Article 11 protects freedom of association and specifically the right to be a member of a trade union for the protection of one’s interests, and Article 10 protects freedom of expression. Only restrictions which are
“necessary in a democratic society”
are permitted on those two guaranteed rights.
Lord Kerslake (CB)
My Lords, when I first came into this House I got involved with the Trade Union Bill, like a number of other noble Lords. I did so because I was seriously concerned that it was unbalanced and partisan legislation that worked against the interests of one political party in this country. I fear that Part 4 of this Bill has much the same effect. We should be aware that, despite the complexities of this issue, the impact could in effect well be the same. The Committee should be very concerned about that.
Clause 25 adds to the imbalance, with the addition of executive power. It is a pity that the noble and learned Lord, Lord Judge, is not in his place, because he would be very strong and vocal on this issue. Before we could possibly agree this additional power for the Secretary of State, we need to understand the reason for it and why it could not be dealt with in some other way. We should not lightly give additional powers, and I would like to hear from the Minister precisely why this is necessary and why it could not be dealt with in a different fashion; otherwise, we should not agree to it.
Lord Scriven (LD)
My Lords, I wish to follow the themes that the noble Lord, Lord Kerslake, and other noble Lords have alluded to. I came to this Bill slightly worried but with open ears to hear where it was going. As we have got more into Committee, the more worried I have become about a level playing field for elections. Regardless of the colour of a political party, a level playing field is what is required. With Part 4 and Clause 25 along with other clauses, it is becoming more worrying.
If you were to say to an ordinary person outside this House that the Bill would put the Electoral Commission more in the pocket of the party of government, regardless of its colour; to limit organisations, which at the moment can campaign 12 months out from a general election and spend £20,000 before they have to register, to £700; and that the stroke of the Secretary of State’s pen—that is what we are talking about—decides what type of organisation or individual is deemed to be allowed to campaign, I think most of the British public would say that was not a fair and equal way to carry out an election.
I come back to the central question that a number of noble Lords have asked: what is the problem that this clause is trying to deal with? How big is that problem? As someone who has been involved in elections since the age of 15, I am not clear what the problem is that requires my third question: what is it that requires the speed and the secrecy of the Secretary of State’s pen to deal with it? Those are the three questions that I ask the Minister. I hope that he will give detailed and, as he normally does, reasoned answers to what the clause is trying to solve, how big the problem is and, if he can explain the first two, why the only option is a Henry VIII power for the Secretary of State to decide what type of organisation or individual is deemed legal to campaign in such a way.
Baroness Kennedy of The Shaws (Lab)
My Lords, I too express my deep concerns about the ways in which the Bill contravenes the Human Rights Act and indeed our constitutional commitments. I have canvassed the views of human rights lawyers and constitutional lawyers, and I am afraid I find it very difficult to see where the Government’s advice has come from that this complies with our commitments and obligations under our own legislation and constitutional commitments. When people say, “Let us think twice”, it is a reminder to this House about our role in causing hesitation when something of such significance in our democracy is going to interfere with the fundamentals. I call upon us to hesitate before going down this road, and to question what its purposes really are.
Lord Balfe (Con)
My Lords, I would like to say a word of caution as well. When I look at a piece of legislation, I invariably say, “How would this work if the political parties were changed—if, instead of us implementing it, the party opposite were doing so?” If it passes that test because it is a fair piece of legislation, then I think that is within the Government’s right.
My concern here is that we are unbalancing the structure and that a Secretary of State—from a party, my party, that clearly is not well known for its love of the trade union movement—could exercise these powers, which may need exercising but not in this way by these people. We have to be very careful with the Electoral Commission because it is in all our interests for it to be seen as fair, independent and trustworthy. I am not going to make lots of speeches on this Bill because they would all be essentially the same, but I am afraid I am concerned about the way the Bill is tipping things.
I clearly have no interest in funding Labour Party campaigns, but I have an interest in there being a level playing field and people being able to campaign. My personal view, which I will mention in debate on another clause, is that party financing has got completely out of control and needs fundamental reform. You cannot run a democracy on selling games of tennis. When we say, “We have a great democracy and we’re really proud of it”, we are asked, “Oh yes? How do you fund it?”, and we have to reply, “Well, the Prime Minister plays tennis with Russians, and we get quite a bit of money in from that.”
When I came into politics, which was a long time ago—about 60 years, to be exact—the great joke was that you could not have a party function without a raffle and you could not run an election without at least a couple of jumble sales. When I was eventually disposed of by the Labour Party, which in retrospect was actually not a bad thing, I joined the Conservatives—
Lord Foulkes of Cumnock (Lab Co-op)
I have followed the noble Lord’s career for all those 60 years in great detail; I remember when we worked together in the Co-operative Party. I think his recollection is just a little wrong. My recollection is that he left us; we did not kick him out.
Lord Balfe (Con)
I have a letter signed by none other than the great Mr Blair terminating my membership of the Labour Party for a disciplinary offence, which was running for an office that was not actually reserved for any political party but was supposedly open to all. Mr Blair decided that I was to be forbidden from running for that office. I had won the election fairly easily because it gave people an excuse; they were voting not for Balfe but against the Iraq war, which was a bit odd because the job I was standing for was administrator of the European Parliament pension fund.
Lord Foulkes of Cumnock (Lab Co-op)
Was the noble Lord not running for a well-paid lucrative post within the European Parliament?
Lord Balfe (Con)
I suggest to my friend the noble Lord, Lord Foulkes, that he stops making a fool of himself. This was not a paid post; it was an elected post within the European Parliament, known colloquially as “shop steward”—I see the noble Lord, Lord Cashman, nodding—that attracted no pay but you got some staff, a big office and the ability to actually get things done for the members. By definition, it was a non-political post. It had no politics attached to it, which made what happened even more odd. I will bring the noble Lord the letter; I will get it out of the LSE archives.
Lord Grocott (Lab)
Could the noble Lord, Lord Balfe, just help us with something? Having gone down this road, we need to complete the journey. I think I understand why he was removed from the Labour Party, and why he presumably accepted the post, but I would like to know what it was he found particularly attractive about the Conservatives. It is one thing to leave the Labour Party, but to join the Tories, I mean—
Lord Balfe (Con)
From my position in the trade union movement, I knew there were quite a lot of right-wing people in AUEW/TASS. We were not all bleeding-heart liberals; we were actually toughies. I had no difficulty in joining the Conservative Party because I felt that it reflected many of my values.
Lord Collins of Highbury (Lab)
I am enjoying this exchange, although obviously we need to focus on the clause. In recent times the noble Lord has addressed this House about the discipline that has been imposed on him by the Conservative Party in the House of Lords, so that seems to be a common thread through his career.
Lord Balfe (Con)
I think we should stop our entertainment and get back to the purpose of the Bill.
My concern about the Bill is that it leads to an uneven playing field—it is as simple as that. If we are to have reform, it should be by some form of consensus, although I know that has been incredibly difficult to achieve. I take a rather puritan view as to how much should be spent on elections. We need to get back to a situation where a democracy consists of people asking for votes, not of people going out and attempting to buy them. To my mind, the party funding system has got completely out of kilter.
Viscount Stansgate (Lab)
My Lords, I rise briefly to contribute to Committee on the Elections Bill, rather than take part in the “Lord Balfe Down Memory Lane Amendment (No. 2) Bill”, which I, like other Members, have enjoyed. We are discussing in this clause the powers of the Secretary of State, yet this is the same Minister who will pilot the Dissolution and Calling of Parliament Bill, which, as we know, will restore the position where, in effect, a general election might be called at short notice.
Will the Minister explain in responding how the clauses we are discussing—the powers of the Secretary of State to add or remove from a list—would be exercised in the event of a very sudden general election? Would it be possible for the Minister suddenly to say, after an election has been announced, that such and such will or will not be allowed to take part in it, with the expenditure limits that follow? I would be very interested to know the answer to that and how they fit together. I look forward to the Minister’s reply.
Lord Scriven (LD)
Will the noble Viscount take that a bit further? It is not just after the general election has been called; the Prime Minister will now have the sole power of calling the general election and knowing the date. It could be that, a few months before the general election, in a couple of marginal seats in which organisations are particularly difficult, the Government could, at the stroke of the Secretary of State’s pen, proscribe those people from campaigning. Does the Minister—I apologise, the noble Viscount—accept that that could take place?
Viscount Stansgate (Lab)
First, I thank the noble Lord for promoting me to a position that I am unlikely ever to hold. I do not disagree with him. As I said, it is the relationship between what is being proposed in the Elections Bill and the fact that we are moving to a situation where, if a Prime Minister so decides, we can have an election at short notice. These areas, including those raised by the noble Lord, deserve a bit of exploration. I would be ever so grateful if the Minister could add that to the list of things he intends to cover in his reply.
Lord Foulkes of Cumnock (Lab Co-op)
My Lords, the noble Viscount should not be so modest and reticent about the possibility of achieving ministerial office. If we have the quick election that we might have when the situation arises that the Prime Minister can call an election, the Labour Government might welcome his presence on the ministerial Benches in the House of Lords. I would certainly do so.
I do not want to go down memory lane again with the noble Lord, Lord Balfe, but I genuinely pay tribute to him. I know that we had a little to and fro earlier in which I seemed to imply that I did not appreciate him; I do appreciate that, on many occasions, he has criticised his own Conservative Government—just as he used to criticise our Government—and we should give him credit for that. It is to his credit that he sees the flaws in this Bill and others and has said so.
We debated earlier the need to have Tuesday morning sittings. This Bill, including this clause, is one of the reasons why we will have these sittings. The Government have tabled this huge omnibus Bill; it includes this provision that has been rightly criticised by my noble friend, but it also includes so many other things. It is an omnibus Bill of grievances and vendettas of the Conservative Government against the Labour Party and the trade union movement. It is an attempt to ensure that there are Conservative Governments for ever. That is what they are up to. They believe it is their right to rule and they are trying to find ways to make it more and more difficult for other parties and more and more difficult for electors to cast their votes and particularly for poorer people to participate in the electoral procedure. This clause is part of that.
I hope that the Minister, in his discussions in his department and government, will express the views of so many people, including some on his own side, as we know, that it is not helpful to keep pressing this Bill. Going back to the debate we had earlier, it would make life a lot easier and make it less likely for us to be sitting into the early hours of the morning and coming in on Tuesday mornings if this Bill were abandoned. This clause is one of the many reasons why it should be. I hope that, at some point in our debates in Committee and on Report—if we ever get there—he will feel able to come to that view.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I make it clear at the outset—I will take any intervention noble Lords want to make—that the Government’s view is there is an issue being raised in Clause 25, which I will address.
Before doing so, I thought I had answered the point of the noble Baroness, Lady Meacher, on spending by unincorporated associations on our previous day in Committee, but I am very happy to arrange for her to have a full explanation from either me or officials. The purpose of lines 25 to 28 on page 33 of the Bill is to carve out from Clause 24 precisely the kinds of bodies that she describes: charities and all those listed there which are allowed to campaign.
Lord True (Con)
If I may complete my remarks, they will not be subject to the new provisions in Clause 24, which, as I explained last time, will restrict foreign campaigning, with which I think the Committee agrees. I am very happy to meet the noble Baroness outside and explain this further.
Baroness Meacher (CB)
I thank the Minister for allowing me to intervene. As a point of clarification, I understood that charities will not be included. That is not the issue. I am concerned about non-charitable bodies from abroad, which are not controlled. If he could make that clear, that would be very helpful.
Lord True (Con)
All those bodies in the current list in Section 88(2) of PPERA are carved out, whatever their description. We will come on to the concerns raised about what is in Clause 25, but I repeat that assurance. In saying that, I understand some of the suspicions and concerns raised by noble Lords.
I do not wish to be adversarial in any way, but the other thing I would say in starting is this. As I have said several times in these discussions, I agree that, one day, ideally, a consolidation Bill would be highly desirable. I fully accept that. There are issues here that are relatively urgent, whether we are agree or not: for example, around foreign money, digital campaigning and so on and so forth. The Government are seeking to make progress on those, but it is not a zero-sum game. In presenting this legislation—by the way, as a Minister who has himself had to try to get his mind round all the various references and cross-references in the Bill—I am not in any way saying that a consolidation Bill, one day, is not a desirable end. Anybody involved in the political world would agree.
Clause 25 is really what this debate is about. The potential problems and suspicions—raised, for example, by the noble Viscount—arise from the perceived view of Clause 25 that has been expressed in this debate. Perhaps I could deal with the first part, which is about potentially adding new categories. We are conscious that, as the world evolves, new legitimate categories of third parties that are not currently on the list might emerge. Because they are not protected by the carve-out in Section 88(2), they might be significantly restricted in their ability to campaign by this provision if they could not be added to the list quickly. That is why Clause 25 makes provision for the amendment of the list of eligible categories of third-party campaigns in PPERA, to add a new category of campaigner that might emerge. That would allow any Government, not just this Government, to amend the list to enable new groups or styles of campaigners to take part. Parliament would have a lock on that, via the affirmative resolution procedure.
Lord Wallace of Saltaire (LD)
I simply wish to congratulate the Minister on following so very clearly the precautionary principle in legislating here for something that has not yet happened and might happen, because it would be useful to have this in place if it did happen. That is what I understand him to be saying.
Lord True (Con)
I am saying that there is a practical possibility that this might arise. I take it that, however expressed, that was assent from those Benches, and I am grateful for that.
These provisions will ensure that we can be responsive to the emergence of new categories of third parties, or changes to the legal description of existing categories of third parties—there is some legal language in Section 88(2) —so that they are not unduly restricted from campaigning and participating in our democracy in the future. That is added with a parliamentary lock.
I am grateful for the engagement on the points we come to next; I have heard the concerns of the Liberal Democrat and other Benches, most notably, as we heard again in the debate today, from the party opposite. I thank all who have spoken to me on this subject, and the noble Lord, Lord Collins of Highbury, for the points he made on Clause 25 regarding the power to remove—the specific subject of his amendment—or vary the list.
I hope that part of making progress on a Bill is making progress, but it is the person at the Dispatch Box who has the responsibility to listen—my job as a Minister. I hope we can go forward with that in mind.
The Government have listened to the concerns raised. I pay great respect to the Delegated Powers and Regulatory Reform Committee’s recent report on the subject of Ministers having the power to remove entries from the list of eligible categories of third-party campaigners in Section 88(2). That is why I asked my officials to meet, as the noble Lord said, with the TUC and TULO on 7 March to discuss their concerns.
Although powers to update lists in legislation are not unusual—and indeed can be important where, either due to changes in legal definitions or oversight, Governments may need to respond quickly—we acknowledge the concerns that have been expressed. The Government have heard the concerns around whether the power in Clause 25 could be abused by a future Government. I reassure the noble Lord and others who have spoken that before the next stage of the Bill I intend to consider at the very least what further safeguards could be added to the clause, along the lines of, for example, Amendments 42 and 45 from the noble Lord, relating to the role of the Electoral Commission. I have heard the force of opinion in the Committee on these provisions.
Lord Hendy (Lab)
My Lords, the Minister is now going to consider safeguards under Clause 25. I invite him to bear in mind that, in order to avert the danger under Clause 25(1)(9)(b) of
“removing a description of third party from that list”,
if the possibility remains of trade unions being excluded or put in that category, it will have to be justified, by reference to the convention, as necessary in a democratic society. That is a high hurdle.
Lord True (Con)
My Lords, I have given a very clear undertaking that I will consider this concern. As it stands, the provision potentially affects not only trade unions. The immediate and direct concern, as has been expressed by noble Lords, is in relation to trade unions, but obviously the power as it stands is, exactly as the Delegated Powers Committee pointed out, far-reaching. I will of course take all issues into account in considering this. I can only repeat my good intent, and, I hope, in my humble state, power to make progress to address the concerns that have been raised by your Lordships on this clause.
Viscount Stansgate (Lab)
My Lords, I welcome the Minister’s comments and the discussions that will follow. However, I must press him on just one point, so that I can at least have the benefit of his advice. Is it the intention that the powers we are discussing could be exercised by any Secretary of State after a sudden general election has been called?
Lord True (Con)
My Lords, having listened to the debate, the noble Viscount’s contribution was obviously one that I heard. The Bill as drafted—like any other Member, I can only parse a Bill that is put before your Lordships House—has no restriction on what time or in what condition it might be adopted. That is why, I thought, I heard widespread concern from the Committee. When I started, I said I thought that the answer to the noble Viscount may not lie in addressing any particular possible set of circumstances but in trying to address the wider concern that your Lordships have about these provisions. That is the undertaking I am giving between now and Report. I have said that, at the very least, we will look with interest at the proposals put forward by the noble Lord, Lord Collins of Highbury.
Lord Collins of Highbury (Lab)
My Lords, I very much welcome the Minister’s response to this debate. I think we are making progress. The fact that the Minister recognises that there are genuine concerns shows the benefit of proper scrutiny of these clauses. I hope that, in his consideration of what might come from the Government on this clause before Report, he will consult both the TUC and TULO to ensure that they understand the rationale behind it. I am sure he will. I welcome the Minister’s comments and I beg leave to withdraw my amendment.
Member’s explanatory statement
This amendment leaves out provision that is not needed because of section 156(5) of the Political Parties, Elections and Referendums Act 2000.
“Disclosure of status as a recognised third party
(1) Section 89 of PPERA (Register of notifications for purposes of section 88) is amended as follows.(2) At end of heading insert “and third party disclosure of registered status”.(3) After subsection (4) insert—“(5) During a period in which a notification under section 88 is in effect and the Commission has entered details of the notification on the register in accordance with this section, a third party shall disclose its status as a recognised third party in a prominent place on the homepage of its website.(6) For the purposes of subsection (5), a reference to a third party's “website” means any part of a website relating to that third party which that third party has caused or authorised to appear.(7) Subsection (5) shall not apply where a third party does not have a website within the meaning of subsection (6).(8) A person commits an offence if, without reasonable excuse, they contravene subsection (5).””Member’s explanatory statement
This amendment requires registered non-party campaigners to disclose their status as such on a prominent place on their websites, so as to increase transparency for the public.
Lord Hodgson of Astley Abbotts (Con)
My Lords, the purpose of this amendment is very simple. It is to increase transparency around third-party campaigners—not campaigning—by inserting a new clause entitled:
“Disclosure of status as a recognised third party”.
The amendment is not concerned with imprints on electronic or printed material, the complexities of which we shall wrestle with when we come to Clause 37 in Part 6. It is much simpler than that. I am extremely grateful to my noble friend and the Bill team for agreeing to address this issue now.
This amendment is confined to the contents of the homepage of a website—if it has one—of a registered third-party campaigning organisation. If the amendment were accepted, the homepage of that registered organisation would be required to carry a statement, along the lines of: “XYZ”—the name of the organisation—"is registered as a third-party campaigner under Part 6 of PPERA 2000”, or similar wording. This would alert a reader or viewer that the organisation was an active campaigner in the political sphere. It might mean that the viewer or reader might wish to make further inquiries before becoming more deeply engaged with this organisation.
Would such a provision bring about a sea change? Of course not, but it would serve for the small proportion of interested people as a way of increasing the transparency of what is going on. In these circumstances, it would be the desirable outcome fitting the purposes of this Bill as a whole. In my view, there is broad support for such a proposal. I say to the noble Lord, Lord Collins, that, after two minutes and 12 seconds, I beg to move.
Baroness Barker (LD)
My Lords, yet again I support the noble Lord, Lord Hodgson of Astley Abbotts. I share his view that it is good for charitable and voluntary organisations and campaign groups to be involved in civic activities. There should be full transparency around their involvement.
I do not disagree in any way with his suggestion. I would make it a condition of registration with the Charity Commission that an organisation should have a website. Certain things would have to be on that website, such as accounts and a copy of the organisation’s governing documents, precisely so that people could find out basic information about who was behind the entity. But why confine this to a website? Why not have it on a Facebook page or a Twitter handle, for example? I think the noble Lord is coming at an issue that is of growing importance and much bigger than this Bill.
I have started to talk to a number of the regulators, including the Fundraising Regulator, about what is an organisation. It is now quite common for campaign entities to be described as an organisation when they are nothing more than a Facebook page. They may be crowdfunded, but they do not have to produce accounts or show who or what their membership is. They do not have to show their governing documents. They are simply a presence. They can exert quite considerable influence in political campaigning—not necessarily as yet in election campaigning, perhaps, though I bow to others who have greater knowledge about this.
It is certainly a growing phenomenon in campaigning on political issue—one that I think regulators will have to start discussing. Indeed, I know that these discussions are beginning. I was talking to a regulator the other day about how they deal with a very prominent campaign, Insulate Britain, its fundraising activities on a platform and whether they were or were not compliant. This issue is starting to emerge. All sorts of people are having to work through it for the first time.
In this spirt, I ask what might seem a bit of an “anoraky” question of the noble Lord, Lord Hodgson of Astley Abbots. He and I are entitled to be the anoraks on this subject in this House. Small and technical though the question may be, I think it is potentially of growing importance in the time to come.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Hodgson of Astley Abbots, for his introduction. As I am sure Members of this House are aware, new digital tools and channels have significantly changed the campaigning landscape in the UK during the last decade. This includes the use of organisational websites.
Unfortunately, concerns about the transparency of some websites that have been set up for political campaigning are starting to have an impact on public trust and confidence in campaigns. The amendment from the noble Lord, Lord Hodgson, seeks to address this further. We support his aim in doing so.
Following the 2019 general election, the Electoral Commission said that it had been contacted by people who had been concerned about misleading campaign techniques from across the political spectrum, including on websites. It received a large number of complaints, raising concerns about presentation, tone and content.
Transparency is incredibly important. We are pleased that this is addressed later in the Bill. In the Electoral Commission’s research after the 2019 election, nearly three-quarters of people surveyed agreed that it was important for them to know who produced political information that they saw online. Fewer than one-third agreed that they could find out who produced it. Again, it is important that the amendment talks about having the information on the website in a prominent position, not tucked away and hidden.
The Electoral Commission’s research also confirmed that transparency about who was behind political campaigns was important. Nearly three-quarters of those questioned—72%—agreed that they needed to know who produced the information they were looking at online, including on a website. Unfortunately, fewer than one-third—29%—agreed that they could find out who had produced that information.
As the noble Lord, Lord Hodgson of Astley Abbotts, has said, this is a simple amendment, but we also agree this is an important small change. The more transparency we can provide when people are looking online during general or local elections, the better. The noble Baroness, Lady Barker, said it was a good thing that civic organisations are involved in electoral campaigning. Of course it is. I am sure we all agree with that. But that does bring issues around transparency as part of how campaigning on websites is managed. I do not imagine everyone is going to be deliberately hiding information, but perhaps they do not even think about the importance of providing it.
Lord True (Con)
My Lords, again, this is a significant point that has been raised, and I am grateful to those who have spoken in this short debate. I hope I have come to assure the noble Baronesses, Lady Barker and Lady Hayman, opposite, that, setting aside the fact that some people’s misinformation is other people’s information, we know what we are talking about and that these are important areas.
I am grateful to my noble friend for proposing the new clause. As he has explained with commendable brevity, his intention is to require third-party campaigners to disclose their registered status in a prominent place on their website, where such a website exists. That was supported strongly by the noble Baroness, Lady Barker. Registered third-party campaigners are already publicly listed on the Electoral Commission’s website—I will not venture to comment on the legibility of that website —and this Bill will introduce further requirements to ensure that any UK-based group spending over £10,000 registers with the regulator.
Further to this, I agree with noble Lords that it is worth emphasising that the digital imprints regime in the Bill—and we will come on to discuss that section later—will require campaigners, including recognised third-party campaigners sometimes referred to as “registered”, to declare who they are, as the noble Baroness, Lady Barker, asked, when promoting relevant online campaigning material to the public. So I can certainly go with the spirit of what was said by all noble Lords who have spoken.
On the specific amendment of my noble friend, while the Government entirely agree with the principle that the public should clearly be able to identify recognised third parties, I can reassure the noble Lord that the current rules, supplemented by new rules in the Bill, will provide for that. It would be good practice for this to happen. For many people, entry into a new organisation is via a website; not everybody is active on Twitter and Facebook, as the noble Baroness acknowledged. So I will want to consider further how we can ensure that this good practice will happen, because the fundamental point that has been made by noble Lords is important. In that light, I ask the noble Lord to withdraw his proposed new clause.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I am grateful for the support for this amendment. I say to the noble Baroness, Lady Barker, that I am proud to be an anorak with her, on this and other issues. She of course had a considerably more sophisticated approach to what should appear and how it might be covered. If this were to be developed, I had always thought that, since this is a fast-developing space, the Electoral Commission, having got this bridgehead, would then have some subsidiary code, which would be what it required third-party campaigners to provide somewhere on their website. I saw that as a second stage, having got this initial agreement. I am very grateful to the noble Baroness, Lady Hayman. She is essentially right about public trust and confidence and the growing interest in and significance of third-party campaigning. I am grateful for her support.
My noble friend talked about the Electoral Commission website. I do not think it is very informative, and I do not think people should have to go to the Electoral Commission website to find out whether someone is a third-party campaigner or not. They should be able to see from the organisation itself. I am grateful for two-thirds of a loaf from my noble friend—or maybe half a loaf. I hope we are not going to fall back on “it would be good practice if”, because that is a let-out. I notice he used the words “good practice” in his summation, so I hope that he will reflect further; I, and I suspect others in the House, would feel that “good practice” did not go far enough in this small but important area. With that, I beg leave to withdraw my amendment.
Member’s explanatory statement
This amendment restricts the provision made by Clause 26, so that it applies only in relation to periods involving parliamentary general elections or general elections to the Northern Ireland Assembly.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 36, line 15.
“(13) The amendments made by the preceding provisions of this section have effect only in relation to reserved regulated periods beginning on or after the day on which this section comes fully into force.(14) In subsection (13), “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 to PPERA (periods involving parliamentary general elections or general elections to the Northern Ireland Assembly).”Member’s explanatory statement
This amendment inserts transitional provision in connection with the amendments made by Clause 26.
Lord Collins of Highbury (Lab)
I am sort of moving this on behalf of my noble friend Lady Hayman of Ullock. We have sort of tried to spread out these groups so we can last the day, as it were, and I am doing my best.
I will be brief here, because I know that the noble Lord, Lord Hodgson, has his amendment in this group. I come back to the fundamental point that some of the clauses in this Bill beg the question of what the problem is and what we are trying to solve. It is absolutely not clear why this clause is here. What is clear is that, once it is introduced, it will add a burden to a lot of small third-sector charity organisations, and those organisations are least able to bear that burden. That is the point I really want to stress. It comes back to the issue that heavier, more stringent regulations placed on such small organisations will result in what we have called so far a chilling effect—basically, self-censorship. It will not be worth the hassle to express an opinion, and it could be quite an important political opinion. We talked about campaigns about local facilities. It could be a small charity running a creche or something that is promoting childcare that wants to impact a particular election campaign. We have seen examples of that in the past.
One of the problems of this Bill is that, instead of the Government having to come up with clear explanations —“We’ve identified the problem, this is the solution, and we can all unite behind it”—we are having to think, “What is the problem that the Government have identified here?” It increases anxiety in me, because it makes me think, “Am I missing something? Is something happening to our democratic society that requires this sort of burden of regulation, this new lower tier?”
I will certainly welcome the contribution of the noble Lord, Lord Hodgson, on his amendment, because I can see that he is seeking ways to alleviate that burden, and I am happy to consider that as well. But at the moment I am not at all satisfied that there is any justification for the clause, or for that lower-tier arrangement.
Lord Hodgson of Astley Abbotts (Con)
My Amendment 48A has been grouped with the stand part debate. I thought about degrouping it, but having seen the lie of the land and the way that the debate was likely to go, it seemed easier to join the noble Lord, Lord Collins, in this group. I am grateful to the noble Lord, Lord Blunkett, for his support.
This is about third-party joint campaigning. It is not unusual for charities and voluntary groups, especially smaller ones, to try to increase their impact by gathering together in a joint campaign. That could be focused on a policy area, such as animal welfare, or it could be attacking a particular event. When I was doing the review—I have referred to this before—HS2 construction was an important issue, and a number of groups and communities affected by it joined together to campaign to try to change public opinion about the desirability of building HS2 at all. Just those two examples show that this is a very complex area, and finding the appropriate degree of freedom and transparency is hard.
The current rules governing joint campaigning are pretty complex, burdensome and hard to understand, especially if the individual participants are quite small organisations. The present rule is that joint campaigning expenditure bites only when total expenditure by third-party campaigners reaches £20,000—the level at which registration under the Electoral Commission rules is required under Part 6 of PPERA. However, under this Bill there will be a new lower threshold of £10,000. It is true that the lower threshold—the £10,000 to £20,000 level—will be subject to a lower level of scrutiny, but joint campaigning expenditure will still need to be recorded and accounted for. This adds yet another complication to an already complicated arena.
My amendment, complex as it is, seeks to remove some of that bureaucratic burden. How would it work? Let us suppose that charity A has spent £7,000 on its own account and £3,500 as part of a joint campaign with a number of other charities or voluntary groups. That will have taken the total spend to £10,500—above the lower limit. If the amendment were to be accepted, the £3,500 would not be included, so the charity would not have to register. However, if it were to spend £10,000 on its own account and still spend only £3,500 on the joint campaign, it would have to register, because it would have hit the lower level on its own account. Finally, if charity A were to spend £5,000 on its own account and £16,000 as part of a joint campaign, thereby spending £21,000, it would have to register, because it would have infringed the higher level at which full registration is required. That is provided for in proposed new subsection (7B), in my amendment.
The purpose of the amendment is to avoid sweeping a range of pretty small organisations into the regulatory net, thus releasing them from the need to undertake ineffective registration, but at the same time to avoid creating loopholes that could be used to undermine the effectiveness of the regime as a whole.
Lord Scriven (LD)
My Lords, I wish to speak in this relatively short debate to say that these Benches start from the same point as the noble Lord, Lord Collins: we do not understand what problem the new £10,000 lower threshold is trying to solve. Again, I genuinely ask the Minister what the problem is. Could we have examples of that problem from previous elections, and be told the size of the problem, the methodology and why the lower limit was chosen? That would give us some assurance that the proposed new lower limit has not been plucked out of thin air, and also some evidence base showing why it is required—if, say, for some reason, in previous elections the £20,000 limit somehow tilted the level playing field.
Lord True (Con)
My Lords, I am grateful to those who have contributed to this short debate. I acknowledge the complexities here—indeed, in the latter part of his remarks, the noble Lord, Lord Scriven, illustrated one set of possibilities.
As noble Lords know, the clause introduces a new lower registration threshold for third-party campaigners who spend more than £10,000 during the regulated period. I think that it would be agreed—it is common ground on all sides—that any organisation wishing to influence the electorate should be prepared to be transparent. It is entirely reasonable, in our submission, to expect organisations spending significant amounts of money campaigning in our elections—perhaps I am old-fashioned, but £10,000 seems a lot of money to me—to declare that activity. This is particularly important, given the evolution of campaigning. People ask, “What has changed? What is new?” A significant new factor is that digital campaigning has made election campaigning more cost effective and cheaper, allowing for greater reach for less resource.
This new lower tier of third-party registration has been designed to be proportionate to that smaller spend, and it will ensure a minimal regulatory burden for campaigners who fall within the scope of the new measures, without the same reporting requirements that those spending enough for the upper tier are required to comply with—we acknowledge that there is a burden. This proposal enacts recommendations made by the House of Lords Democracy and Digital Technologies Committee in its report on Digital Technology and the Resurrection of Trust, in which it spoke about the need to respond to new manners of campaigning.
I thank my noble friend for his careful consideration of it—I understand what he seeks to do. His comprehensive and balanced report on the regulation of third-party campaigning is held in significant regard. Indeed, the central premise of his report, “getting the balance right” between providing transparency for the public and administrative burden for campaigners, has been present in the minds of all of those considering the measures in Part 4. But, for that reason, we fear that, as it currently seems, the noble Lord’s proposed amendment might inadvertently add an undesirable layer of complexity to the existing rules, which I know is not what he seeks to do. This amendment will require campaigners to consider joint campaigning in their calculation of spending limits for the purposes of registration in some scenarios and not others, a situation that may create confusion for campaigners, who may be unsure under what circumstances they need to count certain expenditure.
Let me be clear on two points. First, at any level of spend, joint campaigning can have a significant impact on the outcome of an election. Reporting of joint campaigning when determining total spending maintains the integrity of spending limits. Secondly, third parties subject to the new lower-tier expenditure limit—the new £10,000 limit—will be subject to the minimum requirements necessary for them to register. As my noble friend acknowledged, they are not required to provide a spending return, and therefore they do not report the specific details of their joint campaigning.
Under the proposed amendment, the entirety of a joint campaign will only contribute towards the spending of a campaigner subject to the existing registration requirements, or the upper tier. However, it will not count towards the calculation of the spending of a campaigner subject to the new lower-tier registration threshold. This means that, in practice, all campaigners would still need to monitor the costs of joint campaigns that they are involved in, if only to determine whether they need to include them in their calculations to register with the commission. Therefore, for consistency, we believe that it would be easier for all campaigners to consider all of the campaign spending, including joint campaigning, in order to comply with the law.
I am pleased that the noble Lord recognises the need for effective campaigning at UK elections. The Government acknowledge that the contributions of civil society are legitimate. But, for the reasons given, in terms of what we think may be the unintended consequences—I am happy to speak to the noble Lord further—I urge and hope that Clause 26 stands part and that joint campaigning continues to form part of the calculation of all regulated spending by third-party campaigners.
Lord Collins of Highbury (Lab)
The explanation that the noble Lord has given in relation to the clause is not altogether satisfactory because—if I have a better understanding now—he thinks that costs have somehow gone down with online campaigning and that this is less costly than producing leaflets. As he well knows, £10,000 is not a great deal of money, in terms of campaign expenditure—it is simply not.
But what concerns me about the Minister’s response is that, actually, this new lower tier will especially force all campaigners to monitor their costs and will create a chilling effect, as we have warned throughout the Bill. The result will be that organisations that want to have, and should express, a voice will be reluctant to do so if it impacts in terms of their statutory requirements. I heard what the noble Lord said, but we oppose the clause.
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
Do you wish to test the opinion of the House?
Member’s explanatory statement
The amendments in Lord True’s name relating to Clause 27 restrict the provision made by that clause, so that it applies only in relation to periods involving parliamentary general elections or general elections to the Northern Ireland Assembly.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 38, line 37.
“(7A) In this section, “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly).”Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 38, line 37.
Elections Bill
Thursday 17th March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-IV Fourth marshalled list for Committee - (17 Mar 2022)
Lord Collins of Highbury
“Joint campaigning by registered parties and third parties
(1) The Secretary of State must by regulations require registered parties to identify targeted expenditure incurred by a recognised third party that is subject to authorisation under section 94G of PPERA by the relevant registered party, and which exceeds the limits in section 94D(4) of PPERA. (2) Regulations under subsection (1) must include, for relevant returns submitted pursuant to section 80 of PPERA, provision for the introduction of a specific reporting category for targeted expenditure incurred by a recognised third party that is subject to authorisation under section 94G of PPERA by the relevant registered party, and which exceeds the limits in section 94D(4) of PPERA.”Member’s explanatory statement
This amendment would replace provisions on joint campaigning with the recommendation made by the Committee on Standards in Public Life in their 2021 report Regulating Election Finance (see recommendation 21).
Lord Collins of Highbury (Lab)
It’s that man again, as they say.
Despite the urgings of the noble Lord, Lord Hodgson, on this clause I shall take a little time, because it is a fundamental issue of principle, whether intended or not. I have tried to stress to the Minister that sometimes, though consequences may be unintended, they are serious in their effect. I want to go through why I believe it is unclear what the purpose of Clause 27 is. There does not appear to be a problem to solve. Spending by non-party campaigners in support of a political party is already highly regulated under the targeted spending rules and counts against the party’s spending limits. I do not believe this clause has been really thought through and it risks substantial unintended consequences that could include silencing independent trade unions and interfering with the right of the Labour Party to set its own rules and order its own business.
Of course, we have had previous debates about tying up small, largely voluntary organisations with close associations with particular parties in red tape and scaring off civil society organisations working with politicians and parties. I urge the Government to think again on this clause and to replace it with recommendation 21 from the Committee on Standards in Public Life, to shine a light on non-party spending authorised by political parties. They should be looking to lift the red tape burden on civil society organisations, not add to them, so that we can get the balance right when it comes to election campaigning.
What is this clause for? We have targeted spending rules already; parties already have to account. The clause brings big changes and risks substantial unintended consequences. My noble friend Lord Kennedy and I have had meetings with the Minister. My noble friend and I worked together in the Labour Party, I as general secretary and he as finance director, and we had a statutory responsibility for reporting and accounting properly for all our expenditure, including third-party expenditure. We are both very keen to know what misbehaviour this clause is attempting to stop. Some may have concerns that non-party campaigners give political parties two bites of the cherry, but this is not really the case with the targeted spending rules brought in in the lobbying Act.
Third-party expenditure in support of a party already has to count towards the party’s election expenses. The third party cannot spend more than £31,980 in England, £3,540 in Scotland and £2,400 in Wales in support of a political party without clear written authorisation, which must be lodged with the Electoral Commission. This expenditure must then be declared by the third party in its return and, crucially, must also be included in the return of the relevant political party and count towards its expenditure. A trade union campaign for the Labour Party therefore already counts against Labour’s limits. Parties cannot artificially inflate their limits by seeking support from a third party. So there is not really any evidence of the need for this clause. What is it intended to stop? Has anyone provided examples of this behaviour?
Certainly, my noble friend Lord Kennedy and I have sought this information. Tell us what it is, because we may actually share the concern and want to seek ways of putting an end to it. As I say, we think the better way is to have greater transparency. Of course, there is a theoretical possibility that a political party could work with a third-party organisation and ask it to co-ordinate campaigns against its political opponents. This would not be covered by the targeted spending rules, but there is no evidence that this is taking place and, were it to take place, it is highly unlikely that the party would enter into a formal joint campaigning relationship with such an organisation. I suspect it would be very much an arm’s-length relationship, possibly deniable, and therefore not caught by this clause. I think it is worth bearing that in mind.
Lord Hodgson of Astley Abbotts (Con)
The faith groups will be particularly affected, particularly the Quakers, because of the nature of their organisation, which is quite devolved. It presents difficult challenges for them in campaigning, as well as for some other groups—but the Quakers in particular were brought to my attention.
Lord Collins of Highbury (Lab)
I am grateful to the noble Lord for saying that. Over the last few weeks, I trawled through all of the types of organisations that could be formally linked with a political party, where they might have some sort of agreement to jointly campaign.
I have tried to grapple with and generally understand what this clause is really attempting to stop. It has been described as closing a loophole, but I do not see that. The biggest loophole in election spending is around the negative campaigning that occurs. This is often associated not with any political party or particular candidates but more with causes that want to disrupt the political process. Again, this comes back to the Russia report. Who is going to do the sort of elicit negative campaigning that we have seen? It is more likely to be organisations under the regulatory framework that will not be captured by this clause. It will be the legitimate civil society and trade union organisations that will be captured by it. It has got nothing to do with transparency or trying to ensure that there is proper reporting; it will have a very negative effect.
I said to the Minister that I would give him examples of how some affiliated unions are quite fearful. I mentioned the Musicians’ Union, a long-established affiliate of the Labour Party. It has a political fund, 32,000 members and a member on the national executive council—so there is a formal organisational link and a formal management link, if you like. Because the definition of “joint campaigning” is not set out in law, there is a real risk that the MU could be deemed to be in joint campaigning arrangements. It will play a part in agreeing our manifesto, through that Clause 5 process that I mentioned. So I can see a scenario where the Musicians’ Union, which spends negligible amounts in campaign expenditure in general elections—it puts out social media and website content about voting Labour but does have anywhere near enough expenditure to even require it to register with the Electoral Commission, as the notional cost of staff time has been all too low—will be captured here, undermining a long-established principle.
I have spoken for a long time, but it is really important that I set out a very clear description of the Labour Party’s structure and relationship with affiliated unions, and how that could be damaged by this clause. I hope that the noble Lord will be able to explain what it is designed to stop. Tell us, and perhaps we can co-operate in coming up with something better.
Lord Woodley (Lab)
My Lords, I support Amendment 52 in the name of my noble friend Lord Collins. He eloquently explained the pernicious threat posed by this legislation to our democracy. As a former leader of Unite the Union, I do not need anyone to tell me how dangerous this Bill, and Clause 27 in particular, will be to trade unions and their ability to campaign on the issues that matter to their members.
My noble friend Lord Collins said that it has not been thought through. Far from it: it has been well and truly thought through. This is yet another ideological assault on the trade union movement by this Government. It is nothing less than an attempt to gag the trade union voice once and for all, coming so soon after we debated the tax on trade unions to fund their own regulator, and a police and crime Bill which, as my noble friend Lord Hendy warned on Report, could see the end of the right to picket during lawful industrial action. It is clear that the Government’s agenda is nothing more than trying to stop us getting involved in talking with our members. It is certainly not “levelling up”, or “building back better”.
It is a shame, because there is no doubt that, as my noble friend said, trade unions are a working-class group of people who look after their members and those who struggle to look after themselves. They balance the bad bosses and a system that is sometimes rigged against them. We should always remember that union members earn higher wages than non-members. They have more paid holiday, better sick pay and safer workplaces. This is crucial, particularly at a time such as this when there is rampant inflation.
It is quite simple. Trade unions demand the right to campaign on any issue that matters to trade unionists, regardless, as has been said, of the Labour Party’s own priorities. For example, if I want to ask for more doctors for the NHS or to campaign against the far right in this country or on other serious industrial issues such as the shameful practice of fire and rehire, as a trade unionist, I must surely have the right to do so through the democratic structures of my union. Just because a trade union is affiliated to the Labour Party, it does not mean that we always share the same political priorities: far from it. Why should money be spent by Labour on an election campaign count against the limit allowed by, for example, my union, Unite? With the greatest respect, it makes absolutely no sense, unless the objective is to silence the trade unions.
Another clear danger with Clause 27 is the chilling effect it will have on unions because they will be afraid to break the rules. The rules themselves are unclear and could change at the whim of Ministers. It will also actively discourage unions and other groups from campaigning together as a coalition—a totally legitimate activity that should be welcomed in any democratic society.
Clause 27 could even lead to Labour-affiliated unions being held accountable for the entire election campaign expenditure of the Labour Party. This would be a completely crazy state of affairs. Because “joint campaigning” is not properly defined in the Bill, affiliated unions could discover that they had exceeded their own expenditure limits many times over. They could even be breaking the law before they had had a chance to begin to campaign on their own priorities. Surely this is absurd. It is almost surreal. This situation must not be allowed to happen.
Let us not kid ourselves: this is an unprecedented and unconstitutional attack on the Labour Party and on the affiliated trade unions that founded it. It completely undermines the most basic principles of democracy, freedom of speech and freedom of association. Again, as has been said, this Bill breaches the long-standing convention on cross-party support for any fundamental changes to the democratic process. Unfortunately, the Government are riding roughshod over this convention. They are attempting a power grab of epic proportions. For the sake of our democracy and for the freedoms we all take for granted, this draconian legislation—and this clause in particular—must be defeated before it ever reaches the statute book. Amendment 52 is a critical step in this fightback. I urge all those who wish to defend our democracy and freedoms to support it.
Lord Mann (Non-Afl)
My Lords, when dealing with election law, it is always worth looking at unintended consequences. I could speak at length about trade unions, the Labour Party and funding arrangements. During the 1997 election, I was described by the Sunday Times as the “bag man”.
That has been covered. I shall restrict myself to two unintended consequences which the Government would not have expected and which I think will emerge. The first is the so-called dining clubs. Some years ago, I did quite a lot of work on stopping them meeting in here. The dining clubs are primarily a Conservative Party-supporting concept and institution. Occasionally, there are some in other parties. This is a long-standing way in which the Conservative Party has raised money— in my view, perfectly legitimately. The unintended consequence that I read in the legislation as framed is that, at the moment, electoral law requires only the net income to be considered. If £30,000 is spent on a dinner and £10,000 or £20,000 is raised, there is a specific legal requirement as to how this is accounted for. It is well and adequately covered in the law. However, this clause seems to say that the entire expenditure will have to be accounted for. This is not a problem for national parties, but it is a problem for individual candidates.
Until the last five years it was possible to know when a general election would be. I am in a minority in thinking that it is not a good idea to move away from fixed-term Parliaments. If an election is called at the whim of the Prime Minister of the day, the candidate will not know where this expenditure will fit with candidate expenses. I predict the unintended consequence of the possibility of a legal case which could lead to a duly elected Member of Parliament no longer being a Member of Parliament. I urge caution on this.
A second unintended consequence could be much more widespread. It concerns the use of Labour, Liberal and Conservative clubs for political campaigning—otherwise known as elections. I understand the law and, as I have worked in this area for a long time, I am pretty sure that I am right. At the moment, the law is fairly loose in that a Conservative Party campaign can be based in a Conservative club. Many are. This seems reasonable. There is probably a slight advantage in that there are more Conservative clubs these days than Labour or Liberal clubs. This does not seem to impact on our democracy in any undue way. However, this clause would make it necessary to account for this as joint campaigning and therefore election expenditure. It would become a nightmare of defining what is expenditure, when it is clearly joint campaigning for the officers of an independent Conservative, Labour or Liberal club, to agree to have a campaign base inside their club. As everyone knows, this is common across all three parties. One could easily cite scores of examples—sometimes there is more than one in the same election in one constituency.
That does not seem very clever. Again, people will have a field day with picking holes in it. When one looks at what I think are the appropriate, minimal amounts of spending in any one constituency, this is pretty major for our democracy. It is obviously not the Government’s intent. As ever, with electoral law, unintended consequences are the problem. There is a big problem with this clause.
Lord Kerslake (CB)
My Lords, I will keep my remarks on this group to a minimum, because I have a similar amendment coming up on which I will say more. But I did not want to let this debate pass without saying how problematic this clause is. It is a serious issue that must be addressed. I think the noble Lord, Lord Collins, has set it out very comprehensively and clearly.
Put simply, the clause is unnecessary. Nobody has defined a problem that needs solving by this clause. Secondly, it is unquestionably partisan in its impact; it is absolutely clear that it will affect one party more than the others. That should be a guiding test for this House; we do not do that. We do not introduce legislation that is purportedly even-handed but is anything but. That should not be what we are about in this House. We need to recognise that. I worry a bit that the debate becomes one between the political parties when I think that this side of the House should be as concerned about the constitutional impacts of this legislation as anyone else.
The third issue has just been brilliantly set out by the noble Lord, Lord Mann: there will be a whole series of unintended consequences from the proposal in this clause. But, for me, the worst and most unintended consequence is the chilling effect. It is what will not happen because this is in legislation. People will err on the side of caution; they will not want to get caught up in major legal battles, so they will not campaign on issues that they feel strongly they should campaign on. Effectively, that is a silencing of their voice. All of us, whatever side of the House we are on, should be very concerned about that.
Lord Hendy (Lab)
My Lords, for the reasons explained by my noble friends Lord Collins and Lord Woodley, Clause 27 poses an unjustified, unnecessary but serious threat to trade unions. I say so for three legal reasons: the threat is to three particular rights. The first is the trade union right to autonomy—that is, the right of a union to determine its own constitution and how it will spend its own money. That is a right protected by Article 11 of the European convention, as vouchsafed in the case ASLEF v United Kingdom in 2002. Secondly, it interferes with the right of a trade union to campaign. That, too, is an aspect of freedom of association and the right to be a trade union member protected by Article 11 of the convention. Thirdly, it interferes with the right of trade unions to express themselves—freedom of expression—protected by Article 10. As I said earlier today, to justify such incursions on to those convention rights requires a demonstration that the restrictions are necessary in a democratic society.
As my noble friend Lord Woodley pointed out, this and other provisions in the Bill form part of a long line of legislative restrictions on the capacity of trade unions to improve and maintain the condition of the lives of working people, to coin the web’s phrase. I will not go back to the restrictions on political expenditure first imposed on unions in the Trade Union Act 1913 and preserved today, but I will refer to the legislation of the 1980s, which Tony Blair, as he then was, described in an article in the Times—which I am afraid is for ever embedded in my memory—on 31 March 1997. He described the legislative situation then to be inherited by the incoming Labour Government as
“the most restrictive on trade unions in the Western world”.
Of course, Tony Blair’s Governments chose not to repeal that legislation, and unsurprisingly, the Governments formed from the Benches opposite have not repealed it either. Indeed, they have extended it. In place of the promised employment Bill, which it was said would extend the rights of workers, we have had further restrictions on trade unions. I refer to the Trade Union Act 2016 and, as my noble friend Lord Woodley has mentioned, the Police, Crime, Sentencing and Courts Bill, which further restricts the right to picket in many specified industrial sectors. Last week we had the statutory instrument on the trade union levy in respect of the certification officer, which imposes a tax on trade unions and gives further powers to the CO—and now we have the Elections Bill.
When all these things are seen together, it is clear that Clause 27 is part of a pattern. I accept that, as my noble friend Lord Collins said—and as the Minister said this morning—these clauses have implications for other democratic bodies too. But Clause 27 is unjustified. To cite the test of the convention, it is not necessary in a democratic society.
Lord Harris of Haringey (Lab)
My Lords, when I first came into this place, I found it surprising that noble Lords from the other side of the House would often stand up and argue that it was inappropriate to introduce clauses in Bills unless the purpose was clear, and they clearly met a required need. So I now find it strange that, as my noble friend Lord Collins of Highbury said, this seems to be an example of precisely that. I appreciate that the Minister was not in the House at that time, but I am sure he was a close observer, and that he will recall those speeches and those comments.
I also find it strange that, when we have a highly respected Committee on Standards in Public Life and it has put forward a series of recommendations in precisely this field, the Government have chosen to ignore them. I hope that when the Minister responds he will explain precisely why those recommendations have been ignored. What is the rationale? Why have the Government said, “We substitute our judgment”, which might, just might, be partisan, “for the judgment of the Committee on Standards in Public Life”—which is clearly non-partisan?
I rather wonder whether the Government misunderstand the nature of the relationship between the trade union movement and the Labour Party. I hope that they will no longer do so after the speeches by my noble friends Lord Collins, Lord Woodley and Lord Hendy. But I have sat in too many meetings with the leadership of my party, who, in the privacy of those four walls, were almost tearing their hair out at some of the campaigning and other activities of trade unions affiliated to the Labour Party. As I am sure my noble friend Lord Woodley would agree, it is a fallacy to say that trade unions and the Labour Party are always marching in lockstep on every issue. Frankly, that is not the case.
The general principles and general philosophy may be the same, but the details are clearly not always to each other’s tastes. The idea that all this activity can be conflated without producing some very unfortunate consequences seems to me extraordinary. I hope that when the Minister responds he will, first, give us a clear explanation of the purpose of the measure and why it has been brought forward at this time. Secondly, I hope that he will tell us why the Government have chosen to ignore the recommendations of the Committee on Standards in Public Life. Finally, he might just give us his understanding of the relationship between the trade unions and the Labour Party.
Lord Stunell (LD)
My Lords, I think that it might be my turn now. First, I apologise for not being in the House for the session before lunch. I was attending the Committee on Standards in Public Life, of which I am a member. That committee, as I have reminded the House before, has on it a representative of the Labour Party, Margaret Beckett, a representative of the Conservative Party, Jeremy Wright, and a representative of the Liberal Democrats. It is under the chairmanship of the noble Lord, Lord Evans of Weardale, who is of course a Cross-Bench Member of this House, and it has a majority of independent members.
As the noble Lord, Lord Harris, just reminded the House, the committee produced a report, Regulating Election Finance, which is quite thick and I would like to say quite substantial. It makes the case eloquently and clearly, based on evidence, about the things that need to be improved in our electoral regime, the things that need to be protected and the things that need to be prevented. It does not contain a recommendation that coincides with Clause 27.
I have asked the Minister before whether he would be prepared to give us some kind of ministerial or departmental list in which the 47 recommendations that appear in the report cross-reference with the Elections Bill. His answer last time was that the Government gave their reply to this report last October. I took advantage of the committee meeting this morning just to make sure that I was not mistaken and took another careful look at what the Minister said about the report, specifically what his response said about recommendation 21. The answer that he gave in his letter was that, broadly speaking, the Government were thinking about it.
A slightly more detailed annexe brings together five or six of the recommendations in the report, including recommendation 21. I will not reproduce exactly the reasons given for not proceeding with any of them because I assume that that will be part of the Minister’s wind-up speech in a few minutes’ time. Broadly speaking, it says, “It is all complex, it could easily make it much more difficult for people, it is not proportionate and really we were taking into account a lot of other views and consideration and it needs detail”, et cetera. Noble Lords will obviously be able to hear it in a more refined form when the Minister winds up.
What the response does not do at all is to answer why recommendation 21 should not form part of this Bill. Paragraph 8.29 of the report says:
“The Electoral Commission explained in their 2015 General Election spending report that it is difficult to identify in the spending returns how much targeted spending has been incurred and if it has been correctly attributed to the relevant limits.”
So the Electoral Commission identified a specific problem of third-party spending targeted but not properly attributed to the relevant limits. The same paragraph goes on to say:
“The Hodgson report later made a similar recommendation. We agree that this change should be made to increase the transparency around campaigning that is carried out on behalf of political parties.”
Recommendation 21 is very similar to the explanatory note attached to the amendment from the noble Lord, Lord Collins:
“Parties should be required to identify what is spent by third parties as targeted spending on their behalf. The government should introduce a specific reporting category for targeted expenditure that non-party campaigners have spent in relation to an authorisation given by a political party.”
Lord True (Con)
My Lords, I am grateful to all noble Lords who have spoken. I venture to say that I am unable to alter every word of what I might be advised to say, but I repeat what I said this morning when we had the first group on Clause 25. I hope that those who were present this morning will understand what I said in earnest when I responded to that. I listen to what is said in your Lordships’ House. Sometimes it is not the wisest thing to give a full response on the hoof but to give a commitment to further consideration and discussion with noble Lords in all parts of the House, which I undertake to do.
I will respond in general terms on this clause and will follow up in writing specific points that have been made in the debate. I am advised that it is unlikely that clubs will be affected, but this is why I think it is not wise to give a response on the hoof. I think we need a collective understanding of where it might go and, ultimately, it is for the Electoral Commission to give guidance and advice on these matters.
I enjoyed that part of the debate where the Government’s position was likened to that of Mr Tony Blair. I am not sure whether that was meant as a compliment or otherwise, but I hope that we can move forward in a spirit of understanding. One of those understanding points is that spending limits are an integral part of the political finance framework— I think we all agree on that—and that they ensure a level of fairness between parties and campaigners. The issue that some noble Lords have put is that they do not believe that the clause before the Committee meets those criteria, and I will reflect on what has been said.
Clause 27, which the amendment is designed to take out, is designed to prevent unfair circumvention of spending limits. It is fundamentally unfair that the current rules allow for a party potentially to use another group’s spending limit or resources in order to increase its own spending power. Under the existing legislation, campaigners could game the system by establishing distinct groups that together, working with a political party, have an enhanced spending capacity via multiple limits. Indeed, the noble Lord opposite acknowledged that in his speech. It is right that, where groups work together on a campaign, the spending should be accounted for by anyone involved in that campaign, otherwise spending limits are meaningless, and I think that, again, that is broadly common ground.
The effect of the Bill—noble Lords have questioned this—is to extend the principle of joint campaigning, which applies where third-party campaigners are working together, to cover scenarios where political parties and third-party campaigners are actively working together on a campaign. This is not altering the definition of joint campaigning as it is commonly understood; the measures only apply to qualifying election expenditure, not wider, non-electoral campaigning that groups may undertake. I will come specifically to the point on affiliated trade unions later. Political parties and third-party campaigners will be aware if they are working together on a campaign that involves spending money on regulated election expenditure.
The proposition that the Government are putting forward will simply mean that, where a political party and third-party campaigner are incurring spending together, actively campaigning together, the relative spending for that joint campaign should be accounted for by all groups involved in the spending. This will help to ensure that all campaigners are playing by the rules and make it easier for the public to know who is involved in such campaigns.
The measures are intended to strengthen the principle of spending limits already in law that protect the level playing field by ensuring that political parties cannot use campaign groups to enable them to expand their spending limit potential—what could be seen as a political party outsourcing its regulated spending to a third party. As we discussed in relation to Clause 22 —and the noble Lord, Lord Wallace, has done some research on the matter—during the 2019 general election, the group Advance Together registered as a political party and a third-party campaign group and proceeded to run negative attack campaigns in five constituencies. What can be done in five places can be done in others.
Lord Collins of Highbury (Lab)
Just on that point—before the Lib Dems jump up in shock and horror—in that case the one organisation registered both as a political party and as a third party. Those are not the circumstances of separate organisations coming together. That particular problem could have been identified by the Electoral Commission and could be subject to provisions to stop a single entity trying to expand its spending limits by becoming more than one type of organisation. This is not what we are talking about in Clause 27.
Lord True (Con)
My Lords, I was coming on to say that. While Clause 22 will ban the same organisation from appearing on both registers at the same time, the effect, as noble Lords have said, of existing joint campaigning rules and this proposed extension is to reinforce that by stopping other ways that spending limits could be avoided and so it maintains the level playing field.
Of course, that will not affect groups spending on campaigns, even on the same issues or with the same objective, separately outside a joint plan, in their capacity as an individual recognised third party or political party. Any regulated spending undertaken by an individual group not as part of a joint campaign will only need to be reported by the group incurring the spend. No political party or third-party campaigner should be allowed to use the facade of multiple groups working together to expand its spending limits on campaigns where the various groups are for all intents and purposes operating as a single group.
The noble Lord has proposed an alternative approach, which, as the noble Lord, Lord Stunell, rightly said, refers to the CPSL recommendations. By the way, the CPSL recommendations came out after the Elections Bill was introduced. When I refer to some of the things we were doing in the spirit of CPSL, it is in that context. But I did make very clear that we took that committee seriously. The noble Lord’s amendments would require the Secretary of State to introduce regulations for the purpose of requiring political parties to distinguish targeted spending from other expenditure in their spending returns.
I appreciate that the noble Lord’s intention, and that of CPSL, is to increase transparency on this important topic. However, this replacement does not match the extent of transparency that Clause 27 creates. There, we get into a point of difference. Targeted spending is more limited in its definition than joint campaigning. It focuses only on the promotion of a single political party and its candidates exclusively, not campaigning in relation to policies or issues that may relate to the electoral prospects of a number of political parties. Furthermore, targeted spending also does not cover negative campaigning intended to, for example, reduce support for other candidates or parties. I know that Members of the other place are particularly concerned by this issue, and it is right that such activity, which is highly prevalent in modern campaigning, is transparent.
Targeted spending therefore does not include all scenarios where third parties and political parties might actively work together. That is not to dismiss the importance of the amendments that the noble Lord has put forward. But focusing only on targeted spending and failing to tighten the rules on joint campaigning, as the noble Lord suggests, would not, in our submission, deliver full transparency for the public and might allow campaigners for parties to—
Lord Collins of Highbury (Lab)
May I ask a question? The Minister refers to concern down the other end. I also wish to express concern about some of the negative campaigning that can occur in general elections, and I am keen to hear from the Government how they intend to deal with that. The fact is that this clause requires there to be a common joint effort, formally recognised, between a party and another organisation. The fact is that most negative campaigning that takes place does not fall into that category, so this clause can have an impact only on those organisations that have a formal relationship—in other words, the Labour Party.
Lord True (Con)
I accept the point made by the noble Lord about the wider ambit of negative campaigning, and I hope that is where we will find—whenever we finally get there—a measure of agreement across the House, in the context of, for example, digital campaigning. I agree with the noble Lord and the Committee on Standards in Public Life that third-party campaigning should be transparent, and campaigners should participate on equal terms and be accountable. These principles are already represented in current law.
I have heard what so many noble Lords, and people who have a proud record of commitment to the trade union movement, have said in this debate, and, as the noble Lord, Lord Collins, was kind enough to say at the outset, my officials have met with the TUC and the Trade Union and Labour Party Liaison Organisation, and we remain open to continuing those discussions. I have met with the noble Lord and his colleagues, and I am ready to do so again. We have listened closely, and I have listened again today to their concerns that Clause 27 will unduly limit the close relationship between the Labour Party and some trade unions. Much of the expressed concern has centred around the definition of “joint campaigning” and whether it would capture, for example, trade unions agreeing policy or manifesto commitments as part of the Labour Party’s governance structure. Clause 27 does not alter the definition of joint campaigning as it is commonly understood, and the Electoral Commission already provides guidance on what is and is not likely to constitute joint campaigning under the current rules, and we would expect them to update their guidance were new rules to come forward in the Elections Bill to reflect the extended circumstances. We will come onto statutory guidance later.
The Elections Bill also does not change the definition of “controlled expenditure”, meaning that only spending which may be reasonably regarded as intended to promote or procure electoral success in the lead-up to an election is regulated, whether that is undertaken by a political party or a third-party campaigner. In practice, such activity as formulating policy for inclusion in a manifesto is unlikely to meet the Electoral Commission’s “purpose” or “public” tests, which will remain used to determine whether spending is regulated. It also would not include campaigning or advocacy on issues such as poverty or climate change that are not linked to the electoral success of parties or candidates.
Finally, I want to be clear that under the current rules or under the rules proposed in the Elections Bill, a party being affiliated or having a formal relationship with another campaigner does not in itself automatically constitute joint campaigning. Being an affiliated trade union does not mean that all activity of any other member of the affiliation would immediately count as joint campaigning, unless that activity met the Commission’s existing tests for joint campaigning. Affiliated groups running related or complementary election campaigns would not necessarily constitute joint campaigning, as the campaigns may be being run independently of each other. Only if the campaigns were being conducted in pursuance of a common campaign plan would both groups need to account for the spending.
I hope my response has gone some way towards at least assuring noble Lords that the Government are listening and have listened to the debate on this subject. I hear the concerns that have been expressed, but this clause is not intended to target trade unions. I have heard the submissions made about unintended consequences, but, as I fulfil my duty to sit here, listen to and respond with great respect to your Lordships—
Lord Lea of Crondall (Non-Afl)
Before the noble Lord sits down, would he reflect on the fact that the last two hours have been about something to do with legislation affecting the Labour Party in particular? It would be intriguing to find a similar amount of time in a Bill looking at the Conservative Party in very similar terms.
Lord Scriven (LD)
Before the Minister answers that, could I gently remind Members that it is within the Companion and courteous not to intervene in debate when they were not here and did not come in until 10 minutes after the debate started?
Lord True (Con)
My Lords, I will not follow that. The House is master of its own procedures, but it is up to those who wish to intervene to do so when they wish to give advice to other Members.
What I would say with respect to the noble Lord, and indeed to all those who have spoken—whether they were here at the start or were not—is that I understand that noble Lords on the other side are here because they have a specific concern. The concern or perception that I have heard expressed is that they believe they may be unduly affected. Having heard what has been said, I will endeavour to provide further reassurances and to explore the matter further. If noble Lords opposite and in other parts of the House are ready to do so, I am determined to continue the discussion on these topics beyond today—and indeed imminently, as we move over the next few days.
Lord Harris of Haringey (Lab)
Could I just clarify what the Minister has said? First, I am not sure that he has yet satisfied the House—he certainly has not satisfied me—on whether the issue being addressed by this is a hypothetical future situation or whether the Government have examples of where this problem has arisen.
Secondly, he talks about further discussion and consultation. I know that that is the sort of process that the Minister would wish to follow, but I was slightly surprised to receive an email from an organisation that is not by any means political but is taking an interest in the implications of the Bill, to tell me that its information—I am not part of the usual channels—is that Report on this Bill is going to start two weeks today. If that is the case, when are all these discussions going to take place?
Lord True (Con)
My Lords, the noble Lord is a very experienced Member of the House and he knows that a Minister at the Dispatch Box is not in the usual channels. The duty of the Minister at the Dispatch Box is to be here and respond to the House, as I have explained, whenever and at whatever hour. I gave an undertaking at the start of Committee that I would sit here for every minute of every hour of every day of this Bill’s Committee, Report and Third Reading—whatever the procedures are in respect of the House—and I will do so. I do not think that I want to proceed on that issue.
I have sought to explain the rationale behind this clause, and I have heard the concerns expressed. As far as discussions are concerned, I am sure that the noble Lord can liaise with his own Front Bench and representatives, but—as I think the noble Lord, Lord Collins of Highbury, would accept—my door is open, has been open and will be open on this matter.
So that is the position. I repeat that the clause is not intended to target trade unions. However, I understand the perceptions and practical concerns that have been expressed. In light of that, I hope that the noble Lord will accept that the clause should stand part, at least at this point. I undertake to read very carefully what has been reported in Hansard to reflect on the debate, and I hope to have further engagement on this matter. In that light, I hope the noble Lord will withdraw his amendment.
Lord Collins of Highbury (Lab)
One of the problems that we have had, and I raised this at Second Reading, is the failure to properly consult. The Trades Union Congress and TULO, the organisation of Labour-affiliated trade unions, were not consulted in the first round, unlike other charities and third-sector organisations. It was only after being pushed by me, in a meeting that the Minister organised, that meetings took place, rather late in the day.
The clause has serious consequences. The Minister talks about the definition of joint campaigning being well-established, but where is it in law? Where can we actually ensure that it will not change and then be captured? That is the problem that the clause has, and I suspect he has been unable to reassure anyone in this Chamber about what it may end up doing. We will have to return to it strongly, and I expect that before Report the Minister will not just meet me but will have proper consultations with the TUC and TULO because it is important that these organisations are properly consulted on something that will have such a huge impact.
Lord True (Con)
My Lords, I gave that undertaking in my speech. I accept the reproof but I say to the noble Lord that we have started those contacts—I was not personally involved because I had other engagements at the time but I am responsible for the Bill in this House, though not for its progress up to this point—and, as far as I am concerned, we will continue to do so.
Lord Collins of Highbury (Lab)
But timing is of the essence, and we are being pushed. There is a reason why this House’s scrutiny of the Bill is so important. How long did the other place take to scrutinise this clause? No time at all; in the two hours allocated to the Bill, this clause was not included. We can see from Hansard that they had no debate on these clauses, but it is a fundamental issue that affects our democracy. I know the Minister is concerned about the time we may take over these issues, but I assure him that I will stay up all night and all day until we get proper consideration of these issues. It is not right that this measure is pushed through without proper consultation and consideration. In the meantime, I will not push my Motion to a vote.
The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
Does the noble Lord beg leave to withdraw the amendment?
“Guidance by the Commission relating to third party controls
(1) PPERA is amended as follows.(2) Omit Part 2 of Schedule 8A (controlled expenditure: qualifying expenses).(3) After section 100 (public inspection of returns under section 96) insert—“100A Guidance by the Commission about third parties(1) The Commission must prepare, and may from time to time revise, a code of practice giving guidance as to the application of Part VI of this Act to third parties, including in particular, but not limited to—(a) the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A, including what categories of person constitute the “public” for the purposes of paragraph 1(1), (2) and (5) of that Schedule,(b) application of section 85(b) to third parties,(c) the relationship between notional controlled expenditure under section 86 and regulation of donations to third parties under section 95 and Schedule 11, and(d) what types of activities and communications between third parties constitute incurring expenditure in pursuance of a plan or other arrangement where the expenditure can reasonably be regarded as intended to achieve a common purpose under section 94.(2) The Commission must consult the following on a draft of any guidance or revised guidance prepared in accordance with subsection (1)—(a) the Speaker’s Committee,(b) the Levelling Up, Housing and Communities Select Committee of the House of Commons, (c) the Scottish Ministers, so far as the draft relates to the Commission’s devolved Scottish functions,(d) the Welsh ministers, so far as the draft relates to the Commission’s devolved Welsh functions, and(e) a cross-section of persons and organisations representative of third parties within the meaning of section 85(8) of this Act, including civil society groups.(3) As soon as the Commission has prepared a draft code under this section, it must submit it to the Secretary of State for approval.(4) The Secretary of State may approve a draft code either without modification or with such modifications as the Secretary of State may determine.(5) When the Secretary of State has approved a draft code, the Secretary of State must lay before Parliament a copy of the draft either—(a) in its original form, or(b) in a form which incorporates any modifications determined under subsection (4).(6) If the draft incorporates any such modifications, the Secretary of State must at the same time lay a statement of the reasons for making them.(7) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State may take no further steps in relation to the draft code.(8) If no such resolution is made within the 40-day period—(a) the Secretary of State must issue the code in the form of the draft laid before Parliament, and(b) the code must come into force on such date as the Secretary of State may by order appoint, and the Commission must arrange for it to be published in such manner as they consider appropriate.(9) Subsection (7) does not prevent a new draft code from being laid before Parliament.(10) In this paragraph “40-day period”, in relation to a draft code, means—(a) if the draft is laid before one House on a day later than the other, the period of 40 days beginning with the later of the two days, and(b) in any other case, the period of 40 days beginning with the day on which the draft is laid, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.(11) In this paragraph references to a draft code include a draft revised code.(12) The Commission must have regard to guidance issued under this section in exercising its functions.(13) It is a defence for a person or third party charged with an offence under this Act to show that any guidance for the time being issued under this section was complied with in relation to Part VI of this Act.””Member’s explanatory statement
This would expand the power for the Commission to produce a code of conduct on what types of expense will be treated as regulated expenditure by third party campaigners at Schedule 8A PPERA, so that it is (i) a duty rather than a discretionary power and (ii) widened to oblige the Commission to provide guidance on other complex areas of election law for third parties, such as the rules around joint spending, and what constitutes a member.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I did not intervene in the last serious and lengthy debate. I understood how seriously many Members of your Lordships’ House took the issue. I had some peripheral dealings with clubs from the three major parties during my review and I have to say that the political affiliation was probably rather less important than the quality of the club, its community sense, the price of a beer and the nature of the bingo—all of which are very important—but the weight of political influence being placed on the clubs was not borne out by any evidence I received. That is not to undermine the point being made, but I would not place on the clubs the weight that I heard some noble Lords putting on them in the last hour and a quarter.
I turn to Amendment 54A and I am very grateful for the support of the noble Lord, Lord Blunkett, who I am delighted to see in his place. This is the most important of the series of amendments that I have tabled on the third-party campaigning system. It takes us to the heart of the various concerns about the impact of the present regime on third-party campaigning, in particular—the phrase we have become familiar with, having heard it many times in sittings of the Committee—“the chilling effect” of the 2014 Act.
The problem for third-party campaigners is the lack of certainty in key aspects of the current regulatory regime. There are two particularly important areas. The first—I come back to it—is the intent test. The key phrase—I say it once more—is
“reasonably regarded as intended to promote or procure electoral success at any relevant election”,
which is essentially the linchpin of the whole third-party campaigning regime. It is interpreted by the Electoral Commission, which decides whether a course of action infringes that phrase and makes the decision on its own authority entirely. Although I absolutely recognise that the electoral commissioners work hard and successfully to reassure civil society about its fears, and I applaud that, the kernel of doubt and concern remains there to gnaw away at the confidence of third- party campaigners.
When we debated Clauses 14 and 15—I do not want to repeat the remarks I made in those debates—my noble friend the Minister faced very heavy criticism of the extent to which the Bill, as currently drafted, would undermine the independence of the Electoral Commission. As I listened to the debate, the argument seemed to be that the Electoral Commission should be made more independent, given more freedom of action. As I explained in an earlier sitting, I am concerned about such a development. Just as noble Lords did not believe my noble friend would have malevolent intentions, it was argued that he would not be in post for ever, and who could tell who might succeed him and what his successors might do with the powers that the Bill gave them? Similarly, I am not criticising the current Electoral Commission; I make that very clear. I recognise, as I said, that it worked hard with third-party campaigners to reassure them of the practical implications of the intent test. However, the commissioners too will not be in post for ever, and who knows who might follow them?
The noble and learned Lord, Lord Judge, was among those who led the charge and was most critical of the Government in that debate. He and I have made common cause about the inadequacy of the present procedures for scrutinising secondary legislation and I do not resile from that at all. However, the criticism of the Government, if followed through, would create an organisation that would be making tertiary legislation. It would be promoting, making and enforcing regulation in key areas of our electoral system without any vestige of democratic control at all. I argue that this is undesirable.
There is, however, a way to restore this and to restore a decent element of parliamentary—and by parliamentary I mean, parliamentary, not executive—control over the Electoral Commission. This would be achieved by means of codes—codes of practice which have to be approved by both Houses of Parliament. Crucially, as a result, compliance with the code would give a statutory defence, so ending the uncertainty that has caused so much concern about the present regime.
The amendment therefore introduces a new clause that would require the Electoral Commission to prepare statutory codes of practice—powers, by the way, it does not have in the current legislation. The areas to be covered are listed in proposed new Section 100A(1)(a) to (d). Two areas are of particular importance: first, the intent test—the Electoral Commission will be required to produce a code explaining how it proposes to operate that test—and, secondly but no less importantly, we need clarity on what constitutes a member of an organisation. This is important because, once you are a member of an organisation, communicating with you ceases to be a qualifying expenditure for the purposes of the Act. So a third-party campaigner can build membership quickly and have an increasingly wide reach without any commensurately increasing expenditure being imposed on them.
In today’s hyperconnected modern world, it is astonishingly easy and cheap to email hundreds of thousands of people about an issue and put on the bottom of the email, “Please tick this box if you want to be a member”. I regard this as potentially a very dangerous opening, offering, in particular, the prospect of third parties holding views at the outer fringes of our society being able to build up so-called members, who can then be communicated with free of charge. This would offer such groups a campaigning reach far beyond their real level of support. The Electoral Commission currently has a series of categories—including “committed supporter” and “the public at large”—and I am afraid I am far from convinced that these stand- alone terms will be able to meet the pressures of an age of ubiquitous social media. We need a code for what constitutes “the public”—namely, the opposite of a member—and this is provided for in proposed Section 100A(1)(b).
The rest of Amendment 54A is concerned with process, laying out a list of the groups that have to be consulted by the Electoral Commission: the devolved Administrations, on matters concerning them, and a representative sample of civil society groups. The Electoral Commission must then provide a draft and present it to the Secretary of State, who may approve the code or modify it. If he chooses to modify it, he has to explain why he has done so, so that the difference between what the Minister and the Electoral Commission think is clear. A series of procedures for obtaining the consent of both Houses is then laid out in the latter part of the clause. Crucially and importantly, proposed Section 100A(13) reads:
“It is a defence for a person or third party charged with an offence under this Act to show that any guidance for the time being issued under this section was complied with in relation to Part VI of this Act.”
Amendment 54A could provide, first, a high degree of certainty and, therefore, reassurance on certain key issues of the regulatory regime and, therefore, to third-party campaigners. Secondly, by using secondary legislation, it offers the opportunity to keep regulations up to date, reflecting changes in society, social media, public attitudes and campaigning methods, thus reducing the dangers of evasion. Thirdly, it introduces a proper degree of democratic or parliamentary control of the Electoral Commission, thereby perhaps offering the Government part of a way out of the troubles in which they have found themselves in Clauses 13 and 14.
It is a common phrase that the law is too important to be left to the lawyers. I submit to the Committee that electoral law, which goes to the heart of our democracy, is too important to be left to an untrammelled Electoral Commission. I beg to move.
Lord Blunkett (Lab)
My Lords, I put my name to the amendment of the noble Lord, Lord Hodgson, in full knowledge of his long-standing commitment to plurality and his excellent report on the previous restrictions placed on third-party campaigning, including by charities, where he rightly pointed out that the chilling effect that has been referred to is as much a danger as the detail of what people are expected to do—in other words, the reflection of what people think they cannot do rather than the actual restriction laid down in the law. Codes of practice will be extremely helpful in the future when we have sorted out the Bill and, I hope, eliminated the attack on the Electoral Commission inherent in Ministers taking power over its policy and strategy direction.
Codes of practice are for clarity and enabling people to do what they do best, which is to take part in civil society in a pluralistic democracy, whether they are engaged in the formal political processes that we have debated under Clause 52 or whether they are involved in the political processes that make up a democratic process within a democratic society. That is civil society action. People will be clear as to what is and is not acceptable. They will adhere to those processes and be able to play their full part.
I was going to say that we have long Committee sittings followed by shorter programmed and amendable sessions on Report, but I heard what the Minister said about listening. Let me make it clear in my short contribution that Committee sessions of this House are valuable only if they impact on whether the Government are prepared to change their mind, and listen to and reflect on the expertise, knowledge and experience of Members of this House. Otherwise, we are spending hours and hours, with some people here into the early hours of the morning, not being listened to by anyone. I therefore appeal to the Minister to fulfil what he committed to in the debate on the previous group and be prepared as a senior Minister, a Minister of State, to take back to colleagues the deep disquiet over a number of areas in the Bill. Otherwise, I hope that this part of the legislature, this House, will stall the Bill. Parts of it are a fundamental attack on our democratic processes.
However, this set of amendments moved and spoken to by the noble Lord, Lord Hodgson, is a clarification and strengthening of the power while bringing about greater accountability in relation to the operation, as opposed to the destruction, of the Electoral Commission. I hope that the Minister will reflect on that.
Lord Kerslake (CB)
My Lords, I rise to speak in favour of my Amendment 54 B. There is a lot to commend in the amendment of the noble Lords, Lord Hodgson of Astley Abbotts and Lord Blunkett. It is a serious attempt to establish a new accountability framework for the Electoral Commission. I am conscious that we had some debate in the previous group on the issue that I want to touch on. With the benefit of hindsight, it might have been part of that discussion, but I should like to make other points.
My amendment proposes inserting a new clause in the Bill that would require political parties to report on the amount of controlled spending incurred by third parties as targeted spending on their behalf. This is a relatively simple and straightforward amendment in an extremely complex area. It would increase transparency for voters and other campaigners by making it easier to identify in spending returns how much targeted spend has been incurred.
I tabled this amendment for two main reasons. The first reason is to highlight the importance of the report Regulating Election Finance, produced by the Committee on Standards in Public Life. There have been a number of comments and contributions on that report, and I am delighted that the noble Lord, Lord Stunell, is in his place. He is too modest to say it, but for me this was an exemplar of how to bring forward a balanced, informed and measured approach to the complex and fast-moving world of election finance.
Lord Wallace of Saltaire (LD)
My Lords, we on these Benches hope that the Government will be willing not only to listen but to accept both of these amendments, either in their current form or in some reshaped form. They would be constructive and non-partisan additions to the Bill.
I recall that the review undertaken by the noble Lord, Lord Hodgson, came about as a result of what some people felt were the botched efforts of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act, which was rushed through Parliament. Of course, if this Bill becomes law in anything like its current form, I should warn the noble Lord that he—and perhaps not only he but other Members of the House too—will be called on several more times to do post-legislative scrutiny on various aspects of it.
We differ from the noble Lord in one or two respects. We would have fought for Parliament against the executive prerogative of the monarchy in the Civil War; that is where my party comes from. We are therefore in favour of the Electoral Commission being responsible to the Speaker’s Committee much more than to the Secretary of State. We will want to consider and discuss between now and Report whether the Speaker’s Committee too needs to be further reinforced, and perhaps slightly reshaped. Apart from that, we strongly support where both amendments come from, and we hope that the Government will be willing to incorporate them in further discussions on the Bill.
Lord Mann (Non-Afl)
My Lords, the noble Lord, Lord Hodgson, made a distinguished contribution, based on his great experience—although I fear that in identifying Conservative clubs he was thinking of Walsall North Conservative Club, which defines itself online as a pub that has gone out of business, rather than the neighbouring Aldridge Conservative & Unionist Club, which defines itself online both as a social club, which it is, and also as “community and government”. That rather makes my point about some clubs—not only Conservative clubs but also Labour and Liberal clubs.
I want to make one brief comment on Amendment 54B and what the noble Lord, Lord Kerslake, said, and will requote one of the principles he identified, which is clarity. In 1995 I was tasked with ensuring that the Labour Party and the trade unions stayed within the law, as it was emerging under the Nolan committee, to which I presented evidence with my noble and learned friend Lord Morris on behalf of all trade unions. Before the law changed, my experience was that clarity was critical. I was able to go to senior politicians—my noble friend Lord Blunkett was an exception because he was always exemplary on all financial matters, but not everyone was because politicians are often more enthused about their political campaigns than by exactly how they are funded—and one of my roles was to ensure that everything was within the spirit of the law and within the law we already had on trade union funds. Clarity was critical.
It would probably be a best seller if I cited some of the spectacular examples, but there were some ferocious rows. I explained to people that they were not having that money because the way they were trying to get it was not technically legal, despite the fact that the way they wished to spend it was clearly for social good. Politicians have a weakness when it comes to money, especially when it is to do with elections. Clarity is critical.
When the law changed, and treasurers were about to be elected in my local party, when I was a Member of the other place, I always used to say, “You’ll go to prison if you get this wrong.” That quickly weeded out those who wanted the position of treasurer for some kind of political enhancement and left a tiny number who were prepared to ensure that the finances were in order. They were awkward to me, because I kept saying “That’s perfectly legitimate”, and they would delay income or expenditure because they wanted to be absolutely certain.
That is the beauty of what the noble Lord, Lord Kerslake, is suggesting: a designated treasurer with a duty that they will apply with draconian consequences for breaching the law. I strongly commend this approach and this principle as one of the levers to ensure that transparency is delivered. I think this is rather a good proposal.
Baroness Chakrabarti (Lab)
My Lords, I am not an expert on dining clubs, working men’s club or gentlemen’s clubs. Sadly, in these days of the pandemic, even nightclubs are a distant memory.
Baroness Chakrabarti (Lab)
I will get advice from my noble friend on that afterwards.
I am concerned about third parties campaigning in a free democratic society and unintended consequences. My background is as a human rights campaigner, on civil liberties and civil rights in particular. In my experience the nature of those campaigns is that you are always having to side with the opposition of the day—not just the Labour Party but any opposition of the day. Just google me and you will find lots of reasons for my noble friends to be cross with me. I am not expressing hurt feelings on behalf of the Labour Party on this occasion. I am concerned about the ability of human rights organisations and civil society to function in the future, regardless of who is in power.
While I commend the sentiment behind these amendments, I worry about whether the fundamental problem that they attempt to respond to is the one touched on by my noble friend Lord Collins in the last group, which goes back to PPERA itself: the concern about what joint campaigning is and how one is touched by these third-party controls. I totally understand successive Governments’ concerns about third parties who are proxies for political parties in a way that we have seen in other jurisdictions, where one sees even TV commercials funded by so-called civil society organisations that are proxies for political parties. That drives a coach and horses through any kind of regulation, and I understand that, but, at the same time, as someone who was the director of the National Council for Civil Liberties in 2014 when the legislation came in, I can testify about the chronic anxiety that it caused among civil rights organisations that were really not party political in any sense that would be understood in this place or the other place.
I support the instinct behind the amendments. The Minister has been so kind as to say that he wants to drill down a little more before Report. In whatever time is available in his discussions, I ask him to bear in mind that there are ongoing anxieties about that fundamental problem. It is wonderful to have guidance, but, as we always do with legislation when there are ambiguities and concerns, we say, “Well, we’ll have this regulator who will help. We’ll have this guidance that will help after the fact”—whereas, if we are really talking about rights, freedoms and the constitution, ideally we would have sufficient clarity in the primary legislation itself.
We have heard from trade unions, with their particular link with the Labour Party, but we could be talking about all sorts of charities, NGOs or grass-roots campaigns, from the Countryside Alliance to Liberty, which I worked for. I listened carefully to the Minister on the previous group. This is not about climate catastrophe or poverty—except “It isn’t until it is”. It is not an issue until it seems to be the biggest issue of the day and people think that it is then capable of toppling a Government or making an opposition party. I am looking for that level of comfort and—the word has been used a number of times—clarity, not in just for future guidance but in current law.
Lord Collins of Highbury (Lab)
My Lords, I welcome this. I recall the days when the noble Lord, Lord Mann, was telling general secretaries what they could and could not do. There were occasions in meetings where he was the bad cop and I was the good cop—I do not think that things have changed much, really.
The noble Lord talked about clarity and my noble friend Lord Blunkett talked about certainty. That is the nub of this, and I support the proposals of the noble Lord, Lord Hodgson. It is not that I do not trust the Electoral Commission or what it may or may not do; it is because the current system relies on guidance that could change overnight and is not certain. My trade union colleagues behind me know that statutory codes of practice are often used as a way of creating certainty, to ensure that there is a clear defence, as the noble Lord, Lord Hodgson, put it. So the noble Lord and my noble friend Lord Blunkett are therefore absolutely right.
There is a problem at the moment with the regulation, and because there is doubt and uncertainty, the result is “Don’t do it” and inaction. Therefore, this sort of proposal, where we create a statutory framework that could be properly scrutinised—again, I support that— would create clarity and certainty, and therefore encourage civil society to participate in our democratic process. So I support the noble Lord.
Lord True (Con)
My Lords, it has been an interesting short debate. I would be working against the Government’s interests if I was tempted into a philosophical discussion about tertiary law and clarity and certainty. I am quite happy to have that discussion outside the Chamber. However, there are important points raised here. Also, the amendment tabled by the noble Lord, Lord Kerslake, as he acknowledged, rather logically fell into our previous debate. I have undertaken to reflect on the debate on Clause 27, and I will add the remarks from the noble Baroness and the noble Lord, Lord Kerslake, into that. There are existing rules on targeted spending for third-party campaigners—placing a cap on the spending—directed at one political party unless the party authorises further spending, in which case it must already report on that.
With due respect to the noble Lord, Lord Kerslake, I will focus on the very interesting interventions—not that his was not, but on the even more interesting interventions—of my noble friend Lord Hodgson of Astley Abbotts and the noble Lord, Lord Blunkett, in the back corner there, whom I thank for his barbed kind words. I hope that the barbs will not be needed as our reflections go forward.
My noble friend Lord Hodgson, as I think is acknowledged on all sides of this House, has considerable expertise in this area. Someone used the phrase that he “speaks for pluralities”. His Amendment 54A would remove a permissive power on the Electoral Commission to prepare a code of practice on the expenditure controls for third-party campaigners and replace that with a requirement on the commission to produce a code of conduct. It then further specifies the contents of such a code.
Even in this short debate I heard noble Lords, including the noble Lords, Lord Mann and Lord Blunkett, using the words “clarity” and “certainty”. While the Electoral Commission has a statutory duty to ensure compliance by political parties and third-party campaigners and does provide extensive guidance to support this, we are certainly not opposed in principle to encouraging the Electoral Commission to improve the current guidance that is on offer. The Government does and will continue to encourage the commission to work with groups that have specific concerns and to aid their understanding of the rules. That is important. Whether we need something further in legislation to ensure that we get the right outcome on guidance—a point that my noble friend is pushing at in his amendment —will need further consideration.
I look forward to engaging with him on this point ahead of the next stage of the Bill, because in debating terms and potentially in practical terms he has raised issues of importance, and the Government will consider carefully what he has said. In that light, I ask him to withdraw his amendment.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I am grateful to noble Lords who have spoken in favour of my amendment: to the noble Lord, Lord Blunkett, for his support, and to the noble Lord, Lord Kerslake, who was kind enough to veer off his own track to give approval to this.
This is a new car which I am taking round the track for the first time to see how it corners and whether it will crash. We have not crashed, but I will say that there are some improvements that can be made to the car. The noble Lord, Lord Wallace, referred to procedure and whether guidance should come via the Speaker’s Committee to the Secretary of State. What sieves it goes through and in which order are still to be decided, and I quite understand that this could be improved or changed. They key thing is that there must be parliamentary approval from both Houses as the final step. The noble Lord, Lord Mann, and I will sample the delights of the working men’s clubs of Walsall and Aldridge at some date in the future.
The problem with putting codes of practice into primary legislation is that they cannot be changed. We are already suffering because PPERA and the 2014 Act have been left behind by events. Therefore, being stuck with a phraseology that has become increasingly out of date has to be balanced against the ability to move on a bit with changes over time through statutory instruments, which have parliamentary approval. Admittedly, this is not very satisfactory but they are discussed. Guidance is not the right word. There has to be a statutory code to give the protection referred to in the amendment.
I am grateful to the noble Lord, Lord Collins of Highbury, for his support and to the Minister for his further consideration. One can ask for no more. I have brought the car back to the starting point without crashing, which is pretty good.
The use of the term “permissive power” is the problem because it trammels freedom of action. Once how it will work has been written down, one cannot suddenly say, “Oh, we don’t quite like that bit after all”. This is the heart of the problem with third-party campaigning. The Electoral Commission wants freedom to dance around and third-party campaigners want some certainty as to what is happening. The best way to achieve this is via parliamentary approval of codes produced by the Electoral Commission. I beg leave to withdraw the amendment.
Baroness Hayman of Ullock
“(2) Schedule 1 must not come into force until the Secretary of State has made a statement to Parliament on the estimated cost of the provisions.”
Baroness Hayman of Ullock (Lab)
My Lords, we now move back to the beginning of the Bill, to Clause 1 on voter identification and the Government’s proposals to introduce photographic voter ID at polling stations.
I have tabled a number of amendments in this group. I thank the noble Baroness, Lady Meacher, and the noble Lord, Lord Woolley of Woodford, for their support for Amendment 55. Amendments 55, 61, 62 and 92 all concern cost, finance and what it will mean if we are looking to deliver the requirement for voter identification of electors at polling stations. Some amendments are to do with making Statements to Parliament on the estimated cost in order that Parliament has proper oversight. There are also amendments around local authority finances because they will have a serious role to play in ensuring that this is delivered appropriately and on time. Amendment 62 concerns the public purse.
First, whenever legislation is brought in that has serious cost implications for local authorities, it is really important that those costs are properly understood and considered. We know that local authorities are under huge pressure at the moment. Such new legislation impacts not just on finances but on resources as well. This is not just about money; it is about people and expertise.
The first three amendments in this group relate to Schedule 1. Amendment 92, to which I shall come later, concerns Schedule 3 but is still about costs. When PACAC held its witness evidence sessions on the Elections Bill, it explored the practical and cost implications of implementing the voter ID proposals.
I just wanted to draw attention to the evidence given by Peter Stanyon, chief executive of the Association of Electoral Administrators. He described the cost as:
“Effectively unquantifiable in many respects.”
I find that quite concerning when you are looking at the impact on local authorities. He said that the Bill is
“light on the practicalities because that will come in secondary legislation down the line”.
I am sure the Minister is aware that some of our concerns about the Bill are about the amount that is to come later in secondary legislation. What this means is that noble Lords and Members of the other place are being asked to pass this legislation with a large amount of detail about the cost implications pretty much unknown.
The impact assessment on the Bill, carried out by the Cabinet Office—and discussed at Second Reading, if I recall correctly—estimated the total cost of introducing photo ID at £120 million over 10 years. That includes £15 million to produce the free voter ID cards for those who have no other photographic ID. That £120 million was a best estimate within the ranges that were looked at. The top end was £180 million. We all know how costs tend to go up rather than down with anything brought in by government.
According to the Electoral Reform Society, these costs include £55 million on larger, more detailed polling cards, which will have to be posted in envelopes for the first time, and another £15 million on producing plastic voter cards for the estimated 2.1 million people who may not have suitable ID. Does the Minister believe that this is really a good use of public money? It is worth noting that this is at a time when our NHS, for example, is under immense stress; £120 million could buy 10,316 hip operations or 3,986 new ventilators. I ask again: is this really a good use of public money at this time?
In the evidence to the Committee stage in the other place, Virginia McVea, Chief Electoral Officer for Northern Ireland, was interviewed. She gave evidence about when voter ID was introduced in Northern Ireland. She said that in the early stages “the costs were considerable”. She drew attention to the fact that there was a time cost as well as a financial cost and a resource cost, particularly during election times. In fact, she startled the Committee by saying that she needed 70 extra staff during the election period.
The Local Government Association has said that individually each new provision is technically achievable. However, the Association of Electoral Administrators has highlighted that the cumulative impact of these changes to an already fragile system will create capacity and resilience issues. Due to the increasing complexity of registration and election processes over the last 20 years, electoral services teams already work incredibly hard in the run-up to local elections, with significant amounts of overtime and weekend working. Those of us who have been Members of Parliament also know the extraordinary amount of work that goes on in the run-up to general elections.
There were extraordinary elections in May 2021. Then, many councils used what they call the one-council approach, meaning that they drew capacity from across the council to run local elections, with election staff acting as experts on the process. However, there are concerns that this would not be sustainable in the long term. It also fails to account for the added complexity created by the new provisions, which will also require specialist knowledge to navigate, certainly in the early days.
These changes, which add complexity and further duties for returning officers and the election teams, will also put additional strain on the finite election resources in councils. As a result, additional funding and other mitigations may be required to build capacity, maintain the capability of staff in the registration and election system and ensure—this is really important—the resilience of our electoral processes.
Baroness Meacher (CB)
My Lords, I am not going to take anything but a tiny bit of your Lordships’ time. The noble Baroness, Lady Hayman, has given us a very comprehensive and clear introduction to this group. I have been worried for a long time about local authority funding and the squeeze on it for the past 10 years or so and I have just one question for the Minister: has he consulted with a selected group of local authorities about whether they regard this as a good use of their resources and their money? If not, will he set in motion a consultation with local authorities about whether they really feel they can take on this added cost and use of their resources?
Baroness Noakes (Con)
My Lords, the noble Baroness made some interesting points about the issues that will face local government in implementing these proposals. She referred to the cost estimates, which are of course included in the impact statement, and seemed to say that these were extraordinarily large numbers. There are 45 million electors. At £180 million, the top end of the range, that is only about £3 per elector: we have to get this into perspective. We are talking about proposals that will improve the integrity of our electoral system. This is a very modest cost; can we just get it into perspective?
Lord Woolley of Woodford (CB)
My Lords, waiting five hours to speak, you can get a bit anxious. I am not quite sure how you do this on a regular basis. I would have preferred not to be here today; I would have preferred to be in Cambridge, at Homerton College with my students. We have a big event on, and I would have liked to be there with them, but I told them I need to be here discussing the Bill, because of its immense importance, not least to them and their generation. We are making laws that, if we are not careful, lock people out rather than encouraging people in.
I thank the noble Lord, Lord True—I reached out to him to have a conversation and he said, “By all means”. We had a good conversation, and it was a respectful one. I am not sure I persuaded him on some of the fundamental points that I am going to put now, but he said, “Lord Woolley, you need to persuade the House as well”, not least those on the Government side. He said to make sure I have my facts and to make sure I have evidence. We talked about a number of things, two of which I would say the noble Lord, Lord True, violently agreed with. One was the need for comprehensive citizenship in our schools. He said, “What’s not to like about that? We need to empower, to inform, to educate the next generation to understand what happens in this Chamber. Because, if they do not have that, they do not engage in politics.” It is the truth.
I was struck, as the Minister may have been, that a year or so ago hundreds of thousands of young people, black, brown and white, protested with Black Lives Matter up and down the country, demanding justice and race equality. However, many of those hundreds of thousands of people who took to the streets do not vote because they do not see the correlation between their protest and what happens in these Chambers. Having citizenship education, giving them that knowledge, would help their protests to translate into voting. We agreed on that.
We also agreed on the need for the Government and local authorities to ensure that people are encouraged to register to vote. We know that in my community, the black community, particularly among young Africans, 50% are not even registered. So these were the two issues that the Minister and I violently agreed on, yet—think about this for a second—in the Elections Bill there is nothing about citizenship, nothing about how we get people to the polling booths and nothing about ensuring that local authorities and communities engage in voter registration. You could not make it up. What we are presented with is not how we get people to the voting booth, enhance our democracy or inspire a generation to play their part, which this Bill should be campaigning for; instead we are spending hours upon hours ensuring that people do not fall off the register. Many of us today are not trying to ensure that people can get on but trying to save people from falling off. That is the truth. This is putting the cart before the horse.
The Minister said to me, “Make sure you get your facts”—and rightly so, because we are moved by evidence. I am here to tell the House that the last time I spoke here I inadvertently misled the House. When talking about voter fraud, I said in front of your Lordships that five individuals had been convicted of that offence. I was wrong: there was one, and one caution, out of 47 million people. So when we are looking at facts and justifications, are we telling these young people and our society that we are spending £180 million and are on the verge of losing—how many people might we lose through this legislation?—10, 20, 40, 100, 1,000 or potentially even millions of people because we are saying that there is a problem with voter fraud? How can I go to schools and colleges and tell young people to engage in politics when they see how we are doing politics, and when they see that we are spending millions of pounds but the effect is to take people off the register?
Evidence was asked for. The noble Baroness mentioned the local elections in 2019 and the pilot schemes. In its evaluation, the Electoral Commission noted that between 3% and 7% of those who engaged with those elections were turned away because they did not have the right voter ID, including non-photographic ID. We have to extrapolate what that might mean in a general election, because that is the evidence we are presented with. The Electoral Commission and others suggest that between 50,000 and 400,000 people could show up at a general election, be turned away and not come back—that is against one conviction of fraud. Is it me? Am I missing something here about how bonkers that sounds?
Baroness Verma (Con)
My Lords, I did not want to be here either today, because of my fractured foot. The noble Lord, Lord Woolley, and I go back a long way, fighting on the same side on many things. However, I am worried that we are pulling everybody together and thinking that wanting to clean up the system is disenfranchising people.
I have worked so hard locally engaging with people, and the thing I hear back all the time is, “What’s the point of my vote when it’s not going to count?”, because they are not engaged—not, I say to the noble Lord, Lord Woolley, because they do not want to be, but because in cities like mine, they are not encouraged to be engaged. I have talked about those who cannot speak and understand English over and again in this Chamber, and I am talking about the many women I engage with every single week in my city. I really try hard to get them engaged in what is going on in their city because their rights are constantly being set aside.
I want our voting system to reflect these women’s desires too, just as the noble Lord and I have fought battles against everything else that is discriminatory. I want to remove this inability for them to believe that they matter. They do not matter because, most of the time, the decisions they want to make are made by people who tend to speak on their behalf because they are the only people who are engaging.
It is not just about the £180 million for me—it really is not. I am passionate that we have a system where every single vote counts, whether it is from the poor, white working class in my city or the women I am engaged with. I spoke with many of them about this Bill—before I did this to my foot—and said that I would listen carefully to what was being said. Often as not, I ask for clarification from the Government Front Bench because I want to know that what I am taking back to them will actually empower them and not take power away. A lot of the time, what they said to me was that they want to be the people who matter in this process. At this moment in time, they do not feel that they matter. For me, anything that tidies that up is a great thing.
I of course want young people to be engaged, but more important than the young people coming forward are the people who are there today—the women from my communities and the noble Lord’s communities, and the poor, working class—who do not feel engaged. If that means we have to have something that helps that process, I am all for it. Do not think for one minute I will not challenge my Front Bench if I do not agree with it, but I really want a system that enables us all to feel that we are part of a process where one vote matters. At the moment, there are plenty in my city who do not believe that.
Baroness Pinnock (LD)
My Lords, what a wonderful, emotional, eloquent contribution from the noble Lord, Lord Woolley. I have to say I totally agree. Here we are this afternoon debating the minutiae of the costs of voter ID, when the big issue we are failing to debate and come to terms with is the huge number of people in our country who should be able to vote but are not able to because they are not on the register. It is disproportionately and discriminatively against those from black communities, Asian communities and working-class communities. That is why the contribution from the noble Lord, Lord Woolley, was so powerful.
Baroness Verma (Con)
I am tired of this divisiveness that keeps coming up. We have been in this country for a very long time. The divisiveness that has been caused has been caused because we have refused to allow people to be fully engaged. I am going to stand here and say that over and over again. The noble Baroness, Lady Pinnock, can shake her head, but I have heard it over and over again that minority communities do not want to engage. They do, but unfortunately the systems do not always help them.
Baroness Chakrabarti (Lab)
I have found this absolutely fascinating—I genuinely have. This is not a rhetorical point. I understand that both the noble Baronesses opposite who have spoken have said they want integrity in the system. The noble Baroness has just said she feels passionate about a lack of engagement and obstacles to people’s engagement—an issue on which I suspect she finds common cause with the noble Lord, Lord Woolley, and everyone in the Committee. My question to the noble Baroness, because I really want to understand her position, is whether she feels that, at present, a significant bar to the engagement she seeks is coming from widespread voter fraud in the communities she is discussing. Is that the problem she feels is the stumbling block and is that why she is a supporter of the Government’s policy?
Baroness Pinnock (LD)
My Lords, there was no intention on my part at all to create any division within our communities. I have spent a lifetime in mixed communities, trying to engage people from every background in the political process. That is the point that I was trying to make and I am sorry if the noble Baroness opposite perhaps misunderstood.
Here we are today, talking about the costs of voter ID, which the noble Lord, Lord Woolley, has eloquently said will create an even greater barrier to people being able to vote. At this point, I want to draw the attention of the Committee to the fact that I am an elected member of Kirklees Council and a vice-president of the Local Government Association.
I speak in support of the amendment in the name of the noble Baroness, Lady Hayman—of course I do. In many ways, she is absolutely right. Any changes in the way in which elections are administered will be an additional cost to already hard-pressed council finances. Returning officers have expressed their concern. They know that there is more to it than just creating the new eligible voter ID for those without it.
Additional costs are mentioned in the Explanatory Memorandum, helpfully. What it does not do is list them. I am going to draw the Committee’s attention to what some of the additional costs will be. As we have heard, there is the additional cost of creating a photographic voter ID card for those who do not have one, the cost of providing screens for voters who do not wish to remove their face covering in front of others, and the cost of additional equipment to make it easier for those with disabilities to vote in person. The latter is one part of the Bill that is positive. There is also the cost of additional polling clerks to check ID in busy polling stations—perhaps financial incentives will be required to encourage polling clerks to fulfil that role because they will now have to check the ID of every voter before they get their ballot paper. There is the cost of effectively communicating the change, and the hidden cost of more trained staff. And so it goes on.
As the noble Baroness, Lady Noakes, has said, the estimate is £180 million—a mere £3 per person. I say to her that, in my council area, that is £1 million a year—and £1 million does not half fill a lot of potholes. If I asked my electors back in Kirklees whether they would rather the council produced voter ID cards for people or filled potholes, I am fairly confident that I know what the answer would be.
Can the Minister confirm that the Government will meet all the additional costs of the changes that they want to make? Can he confirm, given that individual councils will have different additional expenditure based on their demographics, that any government grant will be divided to meet the cost of changes rather than on a formulaic basis? Do the Government believe that extra expenditure is value for money? The noble Baroness, Lady Hayman, raised that issue and I have just given an example. Have the Government consulted with electors on whether they believe that these additional costs are value for money and can be considered a priority in these straitened times?
Schedule 3 relates to the changes proposed to postal voting. There is a very high cost to the requirement to reapply after three years. In my local authority, around 50,000 electors currently vote by post; the postage costs alone are very high. In England there are about 8 million postal voters, so the postage costs for writing out to existing postal voters for them to reapply and fill in the postal voter application would be about £4 million. Is that money well spent in the current circumstances?
Lord Grocott (Lab)
My Lords, would it not have been nice if, when the noble Lord, Lord Woolley, finished, we could have all said, “Game, set, match and tournament. Let us do the Government a favour, save them £190 million in these straitened times, scrap Part 1 of the Bill and all go for a cup of tea and save ourselves a few hours’ unnecessary work”? There is nothing else to say after that, but I will still say one or two things.
It was so compelling and convincing. I just wonder how the noble Lord, Lord True, whom I have known for a very good while, will react. He knows a lot about elections; he has fought a lot himself. He must know that, when this new system comes into operation—assuming that it does—it will involve a high level of expenditure, not least for explaining to the public what they will now have to do in an election which they did not have to do previously. It will be an expensive operation and will take national newspaper adverts. If it is in the name of public information, so be it.
I wonder what the noble Lord’s view is of the integrity of our elections. Two years ago, his party won an election with a majority of 80. I did not like that result one little bit but, sadly, I thought that the election was conducted in my constituency perfectly fairly. It was free and fair. The result was unchallengeable; we did not do a Donald Trump in the constituency. I have been on the wrong end of several election results in my varied career in politics, but I have never doubted the integrity of the election. However, presumably the noble Lord’s position is this: we should have quite significant doubts about this 80-seat majority that his party enjoys at present. There must have been voter fraud all over the place, and we have to spend a lot of money to get this right.
We have heard from the noble Lord, Lord Woolley, that there has been the sum total of one prosecution. This whole Part 1 is much ado about nothing—sadly, it is about something, because it will reduce turnout, as we know. However, the problem it is trying to solve does not exist. We will have to go over and over the same argument. I can make so many detailed points about it.
One that struck me is that polling stations can be quite awkward at times if people forget to take their poll cards and think, “I can’t vote now, but I am going to vote; I’ve lived here 60 years”, and all the rest of it. I do not fancy being a poor old poll clerk under the new regime, telling large numbers of people, as I guess they will have to, “Sorry, you cannot vote. You haven’t got your ID”. “But I’ve lived here for 50 years; I don’t need ID. The wife and I come down and vote, have a drink on the way back and it’s a nice little evening out.” “Yes, but you need your voter ID”.
In the best circumstances, there may be an amiable exchange of views because, in local polling stations, people tend to know each other. However, I can see it turning nasty. I do not fancy being the poll clerk who says, “Sorry, you can’t vote.” This is just one specific example. You certainly need to train the poll clerk and warn them of the difficulties which will arise.
I really would like a straightforward answer from the Minister to my question which was so brilliantly dealt with in the speech of the noble Lord, Lord Woolley. Does the Minister think that his Government, with their 80-seat majority, was a result of a free and fair election, or not? If the answer is, “Yes, it was a free and fair election, and I am pleased with my 80-seat majority”, why on earth is he going through all this nonsense to solve a problem which does not exist?
Viscount Stansgate (Lab)
My Lords, in a previous debate on this Bill, I heard my noble friend say that he would not have wanted to be an election agent. I have now heard him say that he would not want to be a poll clerk. So perhaps I should begin by saying that I have been both in my lifetime. Being an election agent was quite a big responsibility, and the law has changed and become more complicated since then.
The noble Baroness, Lady Pinnock, very clearly laid out some of the questions that have been raised. Like my noble friend Lord Grocott, I will wait to hear what the Minister thinks.
I would like now to send a message, if I may, to the noble Lord, Lord Woolley. We have never met. First, I thank him for coming from Cambridge today. Secondly, when the noble Lord goes back to Cambridge, can he please tell his students that it was well worth his while coming here to make his speech? I am a new Member and, shortly before Christmas, I went to visit a secondary school in west London to talk to some politics students about politics. I had a very interesting time, and they raised many interesting questions—not least about this place. Of course, I asked them whether they were interested in politics. Some of them looked fairly vague. I said, “I think you are interested in politics. You just don’t realise it.” I asked them a few more questions, including whether they were on the register, because it is essential.
As an election agent, I remember a general election in which I was quite pleased that I had persuaded someone to come with me to the polling station—which was very close by—in order to exercise their vote. From just a single individual, I saw the devasting effect on someone who gets to the polling station and realises that they were not on the register and could not vote. What we are talking about, and what the noble Lord was talking about, was this situation being replicated thousands of times. It is a terrible thing. I am not saying that I made much progress with the students at that west London school, many of whom, unlike me —I am white—
Viscount Stansgate (Lab)
Sorry? There was a huge collection of different communities. But it is really essential that we engage with these people.
When the noble Baroness, Lady Verma, said that she wanted every single vote to count, I could not have agreed more. What we are talking about is ensuring that every single vote is available to be counted, and I hope that I might persuade her to change her mind on this. However, we will wait and see what the Minister says. I look forward to going back to that school, or indeed to any other which might invite me.
Lord Rennard (LD)
My Lords, the amendments from the noble Baronesses, Lady Hayman and Lady Meacher, and the noble Lord, Lord Woolley, in this group, ask many sensible questions. Perhaps, no question is no more appropriate than that asked by the noble Lord, Lord Grocott, and we all look forward to the Minister’s answer to that in particular.
The questions in this group are about the cost to taxpayers which may follow from the Bill introducing compulsory photo ID at polling stations. As the noble Baroness, Lady Pinnock, said, we need to know much more about the extra costs to be imposed upon local authorities. The Minister himself was a council leader not very long ago. He will know how local authority finances have been dramatically squeezed in recent years—real-terms cuts are perhaps 40%. Meanwhile, they have also retained the burden of statutory responsibilities, including many connected with social care.
The Government’s impact assessment suggests that making the changes proposed in relation to compulsory photo ID may cost as much as £230 million over 10 years, with a best estimate of £150 million. But the truth is that we do not really know. The noble Baroness, Lady Hayman, quoted the Association of Electoral Administrators saying that many of these costs were unquantifiable. But the costs of the scheme proposed by the Government are still significantly higher than those of a simpler form of voter identification, as was suggested in the last Conservative manifesto and in the report conducted on behalf of the Conservative Government by the noble Lord, Lord Pickles, who sits on their Benches. So the Government are proposing to go much further than in their own manifesto—a point that should be noted—and in the report by the noble Lord, Lord Pickles. But both proposals for compulsory voter ID, with or without photos, seem to me to have a lot of costs that are not necessarily included in the impact assessment, and neither scheme has been shown to be at all necessary in any way.
The Government claim that there is public support for the proposals on compulsory photo ID, but I doubt there would be much support if people knew that the cost over 10 years could be £230 million, or if they understood that voting at polling stations is as safe as it is at present. Perhaps the public would prefer their money to be spent on hundreds more police officers or more teachers, doctors and nurses. The Government spend a great deal of public money on market research, much of it perhaps for their own party benefit. In that research, they should perhaps test this proposition in one of their surveys: should there be compulsory photo ID at polling stations, or police officers, doctors and nurses? I would like to know the answer.
In my view, the Government are simply not getting their priorities right if they are genuinely concerned about electoral integrity. An estimated 9 million people are not on electoral registers, or are incorrectly registered on them, and are therefore unable to vote. If the Government were really planning to spend money on improving the integrity of our electoral system, they would not have withdrawn funding for the voluntary organisation Bite The Ballot. During a debate on this Bill, the Government praised its efforts. Bite The Ballot organised events such as national voter registration week, and it succeeded in getting many more young people registered to vote, at very little cost. But that little cost—a few thousand pounds—was too much for the Government. Perhaps it registered the wrong people—principally young people.
But the Government can spend, or want to spend, hundreds of millions of pounds on unnecessary compulsory photo ID. If it is a question of money, they could save a lot on electoral registration by making the process as automatic as possible, cutting down the cost of paper forms and personal canvassers. They could deal with it on databases. But they do not seem to want to save money if that might allow more of our citizens, especially young people, to be able to vote.
Voter identification has been piloted in only a handful of local authorities—and only in local elections. But local elections often have only half the turnout of general elections, so I fear that the number of staff required at polling stations may have to be doubled if they are to check each voter’s ID, especially if it is photo ID. The staff may need a lot more training and support. Perhaps, as the noble Lord, Lord Grocott, said, there will be many more arguments in polling stations and more staff needed to resolve them. As he said, there will also have to be a lot of very costly public information about the changes to what the noble Lord, Lord True, often refers to as our “tried and tested” system.
He seems to like our tried and tested system when he opposes any changes that may not favour his party, but he seems quite ready to change the tried and tested system at polling stations, even at great cost, when no such radical change is at all necessary. Perhaps placing a few more police officers on duty at some polling stations might be a cheaper and much more cost-effective way of reassuring people that the voting process is safe, if that needs to be done. Certainly, we do not need compulsory photo ID.
Lord Scriven (LD)
My Lords, I have listened to this debate with a sense of bewilderment and admiration, but I am still not clear what the imposition of compulsory voter ID is going to solve. As the noble Lords, Lord Grocott and Lord Woolley, made very clear, there has been one conviction.
While everyone has been getting passionate, I have been a bit of geek over the past couple of weeks and have read the impact assessment, so I want to go through why these amendments in the names of the noble Baronesses, Lady Hayman and Lady Meacher, and the noble Lord, Lord Woolley, are so important. If the Government decide to go down this path, even though they have not been able to determine that there is a need for it, the costings they are using must be absolutely watertight, otherwise people will find it hard, or sometimes impossible, to get this compulsory photographic ID.
The noble Baroness, Lady Noakes, said that we should not worry because it is £3 per person. She has clearly not read the impact assessment. That is not for every voter. Under the Government’s own impact assessment, it is for those who do not have the ID that is required who will need voter ID. According to the Government’s impact assessment that is 0.1% to 0.4% of voters. That works about at £150 per card, at the Government’s best estimate, to determine a problem that no one can quite work out what it is about.
The Government also say in the impact assessment that the degree of certainty on the final scope of all the costs—the £180, the £230 and the £1 million that have been determined—is so unknown that the costs are preliminary and further work will be needed. Too true that further work will be needed. If you get down to the details, the costs just do not stack up. On basic things, the Government are saying that the poll card that we all get will have to go from A5 to A4, yet they say that the postal cost is 80p. A4 is a large letter—so the costs have not been worked out. If these costs were presented by any person doing a basic business studies degree, perhaps at Cambridge with the noble Lord, Lord Woolley, they would get F or F-minus.
The Government have assumed this from one study in Woking. I have no problem with Woking—I am sure it is a very nice place—but it is not demographically made up of the rest of the country, and you cannot work out that what happened in Woking is going to happen in every community across this country. The Government have taken the average cost in Woking, taken it across every constituency in the country and averaged it out.
So let us look at some of the costs and resources. The Government have worked out that every constituency will need 1.64 machines to print these things. What nonsense is 0.64 of a machine? They have worked out the cost of 1.64 machines for each local authority. A number of people have said, quite rightly, that extra polling station clerks will be needed. The Government’s impact assessment says that: one for every two polling stations. I worry about the poor polling clerks in my city of Sheffield and in my ward who are going to have run three miles between polling stations. This is absolute nonsense.
PACAC has been really clear on this. A survey has been done by the Government. It is referred to in the impact assessment, but it does not give the results. The Government say that only 4% of people will need these, but, when asked, 31% of the public said that they would need them, want them or ask for them. PACAC is right to say that, for every 1% extra of the population who asks for one, it is a £10.2 million cost. As PACAC says, 31% takes it up from £150 million to £450 million.
I know that the Minister will say that it will all be guaranteed under the new burdens process. Under that process, there is meant to be a new burdens assessment with the impact assessment. I ask the Minister where that is, because I have not been able to find it. It does not seem to appear. I speak as a former leader of a council and declare my interests as a vice-president of the Local Government Association. If this kind of nonsense accounting is going to be the basis of the new burdens, I can tell you that you will have polling clerks running between polling stations and 0.64 of a machine. It does not stack up.
That is why these amendments are vital. We need proper accounting, proper costs and proper assessments, and then, and only then, will these cards be introduced—if they are to be introduced—speedily and in a timely way, with councils having the resources to deliver the very things which the Government say are required.
Lord Eatwell (Lab)
My Lords, there is a great temptation to stray into clause stand part issues, which we shall debate later, and it is unavoidable in the context of these amendments and of our first discussion of this issue. I was struck, as I think all of us were, by the speeches by the noble Lord, Lord Woolley, and the noble Baroness, Lady Verma. Both spoke in favour of greater participation and greater involvement. I say “hear, hear” to that.
What we are discussing is an additional requirement to vote. At Second Reading, a number of noble Lords—for example, the noble Lord, Lord Hannan—reflected on voting in jurisdictions which have identity cards and said that this was no big deal: you go along with your identity card, you vote, and it is all quite normal. Of course that is so, because that is not an additional requirement to vote; it exists in the society in general for other purposes. What we have here is an additional requirement—an additional impediment to the participation which the noble Lord, Lord Woolley, and the noble Baroness, Lady Verma, seek.
That additional impediment will inevitably reduce participation—by how much we can debate. There have been a number of studies, including the evidence which the noble Lord, Lord Woolley, cited and the study by the Rowntree trust, as to the degree to which participation may be reduced. We can disagree as to which study is the more accurate and the more satisfactory, but it is impossible to argue that this will not reduce participation. That is the true cost of these measures—not the financial cost so much, but the true cost.
In what I call his precautionary mode, the noble Lord, Lord True, at Second Reading—
Lord Hayward (Con)
The noble Lord spoke about reducing turnout. Can he identify the evidence that shows that the introduction of ID in Northern Ireland has now reduced turnout?
Lord Eatwell (Lab)
I refer the noble Lord to the evidence mentioned by the noble Lord, Lord Woolley, and the study by the Rowntree Foundation. I am quite willing to believe—
Lord Woolley of Woodford (CB)
To answer the noble Lord’s question, I was citing the review of voter ID from the local elections in 2019. It is difficult to judge what happened in Northern Ireland, but it is easier to judge what happened with these pilot projects in England. That is what the Government set out to look at—to see what happened when people showed up. The Government now want photo ID but, in the pilot projects, it was both photo and non-photographic ID, and that caused significant problems. Imagine if it was just one type—photographic ID, for example—that could double the problem. Bear in mind that people have to be more driven to vote in local elections, where the rates are a lot lower than in general elections—they have to be motivated to go to the polling booth. Then they are told they do not have the right type of ID, whether it is photographic or non-photographic, and so they have to go home and get the right one, and they do not return—they could not be bothered. The danger is, as has been argued, that potentially hundreds of thousands of people will have that encounter and not return.
Lord Eatwell (Lab)
As I was saying to the noble Lord, an accurate study to achieve a careful assessment of the impact of any measure would have to take into account all the circumstances of the time. Over time, there will be a change in circumstances, and therefore the gross figures may appear as if there has been no impediment. However, if you disaggregate the components of the motivations to vote, it is difficult to believe that the introduction of a new requirement or impediment has a zero effect.
Baroness Noakes (Con)
Does the noble Lord believe that this will be a permanent or a temporary effect? As my noble friend Lord Hayward said, voter ID has existed in Northern Ireland for a very long time, introduced by the Labour Government. There has been no evidence of a reduction in voter turnout and, importantly, there is a higher degree of satisfaction with the integrity of elections in Northern Ireland than in England and Wales. I think we ought to ground ourselves in facts—not pilots or the studies by the Rowntree Foundation, but facts.
Lord Eatwell (Lab)
I think the noble Baroness would agree that the electoral issues in Northern Ireland are rather different from those in the rest of the United Kingdom.
As I have just said, studying a phenomenon over time requires a careful disaggregation of the effects. Looking at the gross numbers does not tell you anything. Specific studies which carefully disaggregate the impact of particular measures are necessary. I find it difficult to see how one can sustain the argument that introducing a particular impediment to vote will have a zero effect.
As I was about to say, at Second Reading the noble Lord, Lord True, in what I call precautionary mode, referred to locking your door to prevent burglaries even though your house has not been burgled. However, it is striking that if you go to the Isle of Sark, where there are no burglaries, no one locks the door. It is the presence of burglars that encourages people to lock their door. If the incidence of fraud is one, as the noble Lord, Lord Woolley, told us, and the cost now is £180 million, or whatever the number is, to prevent one occurrence, is that value for money?
Baroness Scott of Bybrook (Con)
My Lords, I thank noble Lords for that long, thought-provoking and interesting debate. I am sorry my noble friend Lord True is not answering on this issue, but this was much more of a stand part debate than one on any specific amendments.
I sincerely thank the noble Lord, Lord Woolley of Woodford, and my noble friend Lady Verma for what they have said today, and indeed for coming; the noble Lord has come from Cambridge today, and I know my noble friend has a really painful foot. I thank them both for coming because, as noble Lords have said, their passion on this issue really shone out.
I think the issue is connected. It is about making sure that as many people as possible take up their democratic right to vote, and we always have more work to do on that. I totally agree with the noble Lord about citizenship in schools—I was a huge supporter of that for the many years that I was leader of a large council—but we also have to listen to my noble friend Lady Verma and the communities that she comes from about the issues in play at the moment that prevent some of her community using their democratic vote. We are going to try, through citizenship in schools and other measures that the noble Lord, Lord Woolley, is taking, to make sure that people can do that. I thank them both for coming and for their input.
Most of what we have talked about today is about communications. Having worked for many years with electoral officers in local authorities, I know that they are very good locally. I thank them for everything they do in targeting their communities; they know those communities and are very good at making sure that they get the message out.
However, when this Bill goes through, the communication of the new way that the electoral system will work as a result of it will be down to the Electoral Commission, which has agreed to deliver comprehensive and targeted communications about the new system. I hope it will work with those local electoral officers—we will make sure that it does—to make sure that it is a joined-up approach so that everyone understands how it will work.
The top line on this issue is that in our manifesto the Government committed to protecting the integrity of our democracy by introducing identification to vote at polling stations. The noble Lord, Lord Grocott, said that we won a majority of 80 seats. Yes, we did, and we won it on that manifesto commitment. That was part of what we offered the electorate at that time.
Lord Scriven (LD)
Can I be clear? The House has heard three times from the Government Front Bench about their manifesto. Did the Government’s manifesto commit to compulsory voter ID?
Lord Woolley of Woodford (CB)
With respect, it was not photo ID, it was ID. That also means non-photo ID. I am afraid that the goalposts are being shifted, which could have a dramatic effect.
Baroness Scott of Bybrook (Con)
I have listened to what the noble Lord said and will check the detail of the manifesto. I will ensure that we write to all noble Lords to make that clear—
Lord Grocott (Lab)
I will not intervene again, but I asked the noble Lord, Lord True, whether he could rely on the integrity of the electoral system and the mechanisms that returned an 80-seat majority. Can the noble Baroness answer that specific question? Is she happy that it was a free and fair election? If she is, why is she bothered about voter ID?
Baroness Scott of Bybrook (Con)
My Lords, I am sure that any good electoral system can always be improved and that is exactly what we are doing.
Many countries are doing this; we are not the only one. Italy, France, Spain and Norway—all our European friends, which I am sure the Liberal Democrats will be very pleased about—already have voter identification. Canada, which is not in the EU, also does. But as many noble Lords have mentioned—
Lord Scriven (LD)
It is really important that we have a level playing field here. Of the countries that the Minister has just outlined, how many do not have mandatory ID cards?
Baroness Scott of Bybrook (Con)
I do not know about mandatory ID cards. All I know is that they have to use voter identification when they vote and that is the important issue—
Baroness Lister of Burtersett (Lab)
I am sorry to interrupt but surely the important thing is that if they already have to have an ID card, it is very different from having to get a special ID card to vote.
Baroness Scott of Bybrook (Con)
I do not agree with that. I do not think that is necessary. It is in the government manifesto and electoral fraud is not a victimless crime. I know the noble Lord, Lord Woolley, was very clear that there had been only one case of fraud but the impact of electoral fraud on voters can be very significant. It takes away their right to vote as they want to—whether through intimidation, bribery, impersonating somebody or casting their vote for them—
Lord Rennard (LD)
I am sorry to interrupt the noble Baroness in her flow but the implication is that a vote is taken away. It is not. There is a process in the polling stations by which if you claim that somebody has already taken your vote—usually because the wrong name has been crossed off by one of the polling clerks—a replacement ballot paper, known as a tendered ballot paper, is given to you. There is no theft and no loss of vote. You get an extra vote. We know from the Electoral Commission’s analysis that there were only 1,300 cases out of the 37 million votes cast in the 2019 general election. Most were simple clerical errors. It virtually never happens and if it does, there is a replacement.
Baroness Scott of Bybrook (Con)
My Lords, that is if anybody goes back because they have not been intimidated into not going in the first place, I have to say. I respectfully say that this is something that we simply cannot ignore—
Lord Eatwell (Lab)
Will the noble Baroness explain the relationship between intimidation and the intimidating need to get photo ID?
Baroness Scott of Bybrook (Con)
You need to do both. We are trying to make sure that people in the communities that my noble friend Lady Verma has stood up and very bravely spoken about have the opportunity, as well as others, to take up their democratic right to vote. She rightly pointed out that many people may feel more empowered to participate if they feel more secure in the system—that has come out in research done by the Electoral Commission. In 2021, 66% said they would have more confidence in the system if there was voter ID at polling stations.
Lord Maxton (Lab)
I am very reluctant to speak, because I have sat through most of this and I did not take part in Second Reading, but if an ID card is presented at the polling station, is that taken as proof that you have voted or are voting? There is a photographic ID card.
Baroness Scott of Bybrook (Con)
If you have the necessary photo ID and your name is on that electoral register—
Lord Maxton (Lab)
But surely most countries that the noble Baroness has already said are part and parcel of the extension of this scheme have an ID card.
Baroness Lister of Burtersett (Lab)
This might be helpful, because we were wondering what was in the manifesto. In fact, the Joint Committee on Human Rights quotes from it:
“We will protect the integrity of our democracy by introducing identification to vote at polling stations, stopping postal vote harvesting and measures to prevent any foreign interference in elections.”
There is nothing about photo ID.
Lord Scriven (LD)
The Minister might have inadvertently misled the Committee from the Dispatch Box in the figures she has just quoted from the Electoral Commission’s survey of 2019. The Government’s own impact assessment, on page 42, paragraph 83, refers to that, saying that satisfaction in the pilot areas was 69% of the poll in 2019, whereas it was 83% in those areas where there was no photo ID pilot.
Baroness Scott of Bybrook (Con)
I am quoting from the 2021 Electoral Commission winter tracker, which was clear that the majority of the public, two out of three voters, 66%, say a requirement to show identification at a polling station would make them more confident in the security of our elections. That was 2021.
Lord Scriven (LD)
The pilot was done in 2019. These are people who actually had the photo ID. When there was photo ID against a control group of no photo ID, the people who were more satisfied with the ballot, post the election, were the people who did not have photo ID. The Government’s own impact assessment says that, and that was signed off by the noble Lord, Lord True, on 20 January this year. Is the Government’s impact assessment correct?
Baroness Scott of Bybrook (Con)
The noble Lord is conveniently ignoring the experience from Northern Ireland, which is better than the pilots, as one would expect, because they have had it for a very long time. To keep quoting from these pilots as a way of trying to discredit the rollout is a pretty ineffective approach when there is clearly a lot of experience from Northern Ireland which shows a high degree of satisfaction.
Lord Scriven (LD)
I will answer the Minister directly. The Northern Ireland experience shows that between 2% and 3% of people, after the introduction, did not vote. If we extrapolate that over here, that is 1.2 million people who would probably be less likely to vote. It has taken 10 years to get back to the equivalent before photo ID was introduced. The noble Baroness shakes her head, but that is the evidence, because I have read it. I have read it and I have seen what the effect in Northern Ireland actually is: it has taken 10 years. The noble Baroness shakes her head, so I ask her to show me the evidence that shows that what I am saying is not correct. What is more, for one conviction, is it worth, for 10 years, 1.2 million people being discouraged from voting in England?
Baroness Scott of Bybrook (Con)
I want to move on, rather than discussing different pieces of information. I will move on to costs. My noble friend Lady Noakes is absolutely right about costs. I will come on to costs to local authorities, but the overall cost has been put at £25 per year per person. That is the estimated cost of the production of the voter card and of raising awareness of voter identification across all polls happening within 10 years. We are not expecting this to be a fixed cost; we are expecting it to reduce over time as voters become more familiar with these arrangements.
Baroness Hayman of Ullock (Lab)
I specifically asked about education programmes, the rollout of information and how people were going to know about the changes. What is the cost that the Minister has just given us going to deliver? It does not seem very much to engage electors in a pretty enormous change.
Baroness Scott of Bybrook (Con)
As I said, the Electoral Commission has agreed to do much of this. I will come to local authorities now. The noble Baronesses, Lady Hayman, Lady Pinnock and Lady Meacher, quite rightly talked about the costs of this to local authorities. The impact assessment presented a range of costs that could be incurred by the introduction of these measures in order to ensure that local authorities and valuation joint boards are provided with the funding to implement the changes successfully. We will continue to refine our estimates of the future new burdens required to reflect the design of the secondary legislation. Government analysts are engaging with local authorities and valuation joint boards as this model is developed. Work is being done by all those involved.
Any allocation would be subject to detailed consideration of the varied pictures across local authorities and the valuation boards and would seek to allocate funding according to need. As was the case with the introduction of individual electoral registration, new-burdens funding will be provided to cover the additional costs resulting from the changes.
The noble Baroness, Lady Pinnock, asked about the different needs of different authorities. We accept that. The administrative burden will be driven by a variety of factors across local authorities, including their existing capabilities. The allocation of new-burdens funding, including for any additional staffing required, is being modelled and discussed with local authorities and other key stakeholders, working with the programme team in the department. The allocation of the new-burdens funding will take into account the different requirements and characteristics of all local authorities. We are working with local authorities and with the Local Government Association, and we are looking at all the different characteristics of those individual authorities. As a local authority person, I understand this.
Lord Wallace of Saltaire (LD)
I want just to check on the question which has already been raised about the extra security costs. While preparing for this Bill, I went to talk to the Bradford electoral registration team. One of the strongest messages that came from them was that a significant number of poll clerks in Bradford were young women. We all know that intimidation is the most frequent election problem in parts of Bradford. When faced with rather aggressive men of one sort or another whose identity is being challenged, young women are going to feel very unsafe. This will require extra staffing and police. Has this been factored in?
Baroness Scott of Bybrook (Con)
I cannot tell the noble Lord whether that has been factored in. I will ask the team and come back to him. The fact that local authorities are working with the team means that those sorts of issues will come up and be dealt with.
We have also already established a business change network covering England, Scotland and Wales, specifically to support local authorities with the implementation of the policy changes arising from the Elections Bill. The network allows the regular flow of information both ways between local authorities and officials in DLUHC, acting as a local presence with knowledge of the Elections Bill and supporting and engaging with administrators during the implementation. That is where these sorts of issues need to come up and I expect them to be dealt with in that way.
The noble Baroness, Lady Hayman, brought up training for returning officers. This will all come out of the same network. We continue to work with local authorities to understand their needs and the needs of voters in relation to training on the new electoral system. I think that deals with all the points, so I will now get on to the actual amendments.
These amendments and those in the groups just after place a requirement on the Secretary of State to publish a wide range of reports, impact assessments and reviews, as well as to hold consultations on the impacts and estimated impacts of various measures in this Bill. Amendment 55 would prevent Schedule 1 coming into force until the Secretary of State has made a statement before Parliament on the estimated cost of the provisions, in addition to the potential impacts on voter turnout across different demographics.
This amendment is entirely unnecessary. A detailed estimate of costs for all the provisions in the Bill was published alongside it, as was an equality impact assessment. To suggest that the impacts of the measures in the Bill have not been considered in great detail would be a disservice to the many officials in the team who have spent considerable time modelling the various impacts and who are already working very closely with the sector to prepare for its implementation in a thorough and very considered way.
On the financial costs, we have worked extensively with the electoral sector to assess the impacts of the measures and have rightfully modelled a range of costs to account for a number of scenarios. We continue to work to refine these as the detail of implementation planning is settled. Our priority remains ensuring that local authorities have the necessary resources to continue to deliver our elections robustly and securely, and we have secured the necessary funding to deliver that goal.
As is usual for programmes of this kind, any additional funding required will be delivered to local authorities via the new burdens mechanism. Rollout of any funding will be timed to ensure that local authorities can meet the costs incurred. This is not the first time that the Government have delivered a change programme in this area. The Government have worked closely with the sector to deliver a number of national programmes, including canvass reform and the introduction of individual electoral registration, to great effect. This programme, while complex, is no different and we will continue to take the same open and collaborative approach to implementation.
When it comes to publications, the evaluation of and reporting on funding for programmes of this kind are already subject to publication requirements, particularly as this qualifies as a government major programme. Furthermore, we are developing robust evaluation plans and intend to produce a process and impact evaluation of the programme across all policy measures. Therefore, in light of the already published assessments for the Bill and the assurances that existing plans will provide ample transparency, I beg the noble Baroness to withdraw her amendment.
Baroness Hayman of Ullock (Lab)
My Lords, this debate has ranged rather wide of the area covered by my amendments, to say the least. Having said that, it has been very interesting. As other noble Lords have said, the noble Lord, Lord Woolley, made a very important and powerful speech. I say to the noble Baroness, Lady Verma, that I am sure that we would all agree that every vote should count—of course it should—and I totally understand what she is saying. The challenge for us, as parliamentarians, is how we change that—that is a debate for another day, but she raised an incredibly important issue that we have to look at very carefully. Perhaps we should look at areas where we could do something to increase empowerment and engagement—perhaps that is missing from this Bill. I would be really interested to engage more with the noble Baroness to think about how we can support her, from this side, in what she is trying to achieve and to better understand her concerns.
I will not go into the manifesto commitment debate—my noble friend Lady Lister resolved that quite adequately. But she also raised an important concern, as did—
Lord True (Con)
In the Queen’s Speech in October 2019, the Government announced that they would introduce legislation on voter identification. It was very clearly set out in the guidance and briefing that was given around the Queen’s Speech that that would specifically include photo identification and the free identity cards for local authorities. It was an announced and established policy of voter identification, and the manifesto referred to this.
Baroness Lister of Burtersett (Lab)
The Queen’s Speech and the manifesto are different things, and the manifesto did not say “photo identification”.
Baroness Hayman of Ullock (Lab)
That is correct. I appreciate what the Minister said about the Queen’s Speech, but, again, my noble friend is absolutely correct. Members of the Government keep telling us that this was a manifesto commitment, but it is important to clarify the distinction between a manifesto commitment and what the Government decided to go forward with in the Queen’s Speech. We can debate that, I am sure—
Lord True (Con)
That was the Queen’s Speech before, not after, the general election. It was established before the general election.
Baroness Hayman of Ullock (Lab)
In that case, can the Minister explain why it was not detailed in the manifesto?
Lord True (Con)
That is because the manifesto referred to clearly established and announced policy on voter identification.
Baroness Hayman of Ullock (Lab)
In that case, I will come back to the pilot schemes. If the Government were intending to introduce only photographic ID, and that is what the commitment was, why were pilot schemes run without including photographic identification?
Lord True (Con)
Certain pilot schemes, which we have discussed, involve photo ID. I should leave it to my colleague to complete the group, and we can move on to the debate on clause stand part. The reality is as I have expressed it—that was the announced policy and what the Government hope to carry forward.
Baroness Hayman of Ullock (Lab)
Fair enough—we will move on. I will go back to my amendments and discuss cost, which is where we started this debate some time ago. The noble Baroness, Lady Noakes, said the cost was actually not very much. I have the greatest respect for the noble Baroness’s knowledge around business finance, but most of my concerns are around the costs to local government. It would appear that she has not been a local authority councillor; I have not been one for seven years, but when I was one, looking at how to balance a budget following the government cuts that were in place seven years ago, it was incredibly difficult to find what we needed to cut in order to balance the books—at what we had to deliver statutorily and what we wanted to deliver.
Seven years have passed, and there have been more and more cuts, so it is even more difficult for local authorities to manage their budgets now. That was the point that I wanted to get across with some of my amendments and with what I was saying. This will be difficult for local authorities, and we need clarity around costs and the kind of investment and support that the Government will give local authorities in good time, ahead of these changes, in order to deliver them effectively, efficiently and with staff who are properly trained and understand what is expected of them and of the electorate.
Baroness Scott of Bybrook (Con)
Let me respond to that. I was not talking about modelling; I was talking about groupings and communications between DLUHC officers and local authority election officers in individual councils to make sure that we know exactly what the issues are for them and what the costs will be for them. Things such as whether they are rural or inner city and need more security are being discussed at the moment with individual local authorities.
Baroness Hayman of Ullock (Lab)
Modelling was mentioned, but I appreciate that clarification from the noble Baroness. Again, the question is when this will be ready. When will the rollout be ready? We know that politics is pretty volatile at the moment. The Fixed-term Parliaments Act is going, so my biggest concern is what happens if things are not ready. Is there a back-up plan? I worry that, if the electorate are not ready and local authorities are not ready, we could end up in a bit of a pickle. With that, I beg leave to withdraw the amendment.
Baroness Hayman of Ullock
“(2) Schedule 1 must not come into force until the Secretary of State has made a statement to Parliament on the estimated impact of the provisions on voter turnout.(3) The statement must include an analysis of the impact on voter turnout in different age brackets.”
Baroness Hayman of Ullock (Lab)
My Lords, I have a number of amendments in this group. I thank noble Lords who have been supportive: the noble Baronesses, Lady Meacher and Lady Lister, and the noble Lord, Lord Woolley. In the previous debate, where we strayed into other areas, we heard a lot of concern about voter turnout. My amendments in this group aim to draw attention to the potential impact on voter turnout in all the different areas where concerns have been raised.
I will just run through them. We are looking at age brackets. We have heard concerns that younger people could be badly impacted by this. At Second Reading, the noble Baroness, Lady Greengross, raised huge concerns about the impact on older people.
I also have an amendment about the impact on voter turnout of different disabilities. Our last day in Committee started with a debate on what could happen to blind or partially sighted people if the proposals were brought in without addressing the concerns of the RNIB and other people who have sight problems. Other disabilities have also been looked at; access, for example. There is also an amendment on the impact on voter turnout among different ethnicities. The noble Baroness, Lady Verma, who is no longer in her place, talked about this and the noble Lord, Lord Woolley, has done tremendous work looking at this area.
There is an amendment on nations and regions. One of the concerns is the differentials that will come with England and the devolved areas, and how this will be managed regionally. We know from different kinds of evidence that certain regions are more likely to struggle with voter turnout than others. Also, there is the issue of voter turnout in different income brackets. At Second Reading, noble Lords referred to the important research by the Joseph Rowntree Foundation, which was carried out because the Government had not looked at this. They had looked at other areas but not at income level. If any noble Lord has not read the report, it is very important in getting an understanding.
I draw attention to one or two things the foundation said. It said that low-income potential voters are much more likely not to have photo ID—1% compared with 6%. It talked about how this could mean 1 million low-income voters in Great Britain not having possession of approved photo ID. On top of that, 700,000 low-income adults who would have photo ID felt that they were not actually recognisable and were concerned that their ID would not be accepted. We will have another debate at some point about people being turned away.
I do not want to take up too much time, as we are supposed to finish at 7 pm, but to cover a lot of those different areas, I want to look at the London Voices project. It carried out a survey that asked organisations to describe the impact that they thought photo voter ID would have. The key concerns expressed were that the requirement for photo voter ID
“would reduce democratic participation thus widening the democratic deficit, and impose unfair barriers on already marginalised communities, such as disabled Londoners and Black, Asian and ethnic minority Londoners.”
The report quoted some people in their own words. We have talked an awful lot in this House, but we need to listen to what people on the street say when they are asked about this.
The first one that I want to read out is from Southwark Travellers’ Action Group, which supports Gypsy, Traveller and Roma Londoners. We have not heard enough in their voice. They are very marginalised and we do not take enough account of the difficulties that they often have in civic life. The group said:
“‘The women who we work with, not all of them, but some of them don’t have either passports or driving licences. So that would be an extra barrier for them. Also just the expense of getting those things … Sometimes we have people who want to get a new passport but can’t afford it at the moment, so that’s a real problem.”
Haringey Welcome, which supports migrant and refugee Londoners, said:
“Loads of people don’t have a passport, have never travelled outside of the country… it’s clearly the poor and the disadvantaged, who are least likely to be able to prove their identity”.
Central YMCA looks after young Londoners and points out:
“We do have an informal economy in London. Anybody who doesn’t want to accept that is just not facing reality. So, the people in that economy will be very reluctant. And quite a lot of people in that economy tend to be from BAME communities, or from poorer communities. And therefore, you’re actually saying to quite a large part of the demographic that they are going to be excluded from the democratic process.”
Jacky Peacock, from Advice for Renters—aimed at private renters—says:
“Fewer people will vote—some won’t have photo ID, some (particularly refugees) have lived in authoritarian countries and are fearful while for others it’s just one more small deterrent”.
Voice4Change England looks after black Londoners, and says:
“In vibrant civil society, it is incumbent on the government to endeavour to increase political participation by expanding voters’ rights. The US case rightly highlights that the introduction of voter ID legislation reduced voter participation, and it is suggested that this was disproportionately high among racial and ethnic minority groups … The government should … address the fact that millions of people are left off the electoral register, to review anachronistic campaign laws”.
Finally, Rachel Coates speaks for Advocacy for All, which represents disabled Londoners:
“I think less people with disabilities will vote as this makes it more complicated”.
I beg to move.
Baroness Lister of Burtersett (Lab)
My Lords, I support this group, and I will speak specifically to Amendments 58 and 59, to which I have added my name. But first I will make some points about the group in general. In the Commons the Minister said:
“The Government are committed to increasing participation in our democracy and to empowering all those eligible to vote to do so in a secure, efficient and effective way”.—[Official Report, Commons, 17/1/22; col. 83.]
Yet a wide range of civil society groups, the Joint Committee on Human Rights and the Public Administration and Constitutional Affairs Committee have all voiced concerns about how the voter ID requirements will have the opposite effect for marginalised groups. We heard powerfully from the noble Lord, Lord Woolley of Woodford, about that earlier.
When these concerns were raised in the Commons Committee, the Minister tried to turn the tables with the extraordinary response that to suggest that those groups more likely not to hold the requisite photo ID would not be able to access photo cards
“is to unfairly diminish the agency”,
and
“assuming from the get-go that people are disadvantaged on the basis of their background is stigmatising and denies them their agency”.—[Official Report, Commons, Elections Bill Committee, 22/9/21; col. 127.]
As the author of a book on poverty, one of the central themes of which is the importance of recognising the agency of those living in poverty, I would point out that agency has to be understood in the context of the myriad structural constraints and barriers they face. The same applies to all the marginalised groups that concern us here. The Bill will increase those barriers further.
I now turn to the impact of Clause 1 on people in poverty, which I am pleased to say has already been touched on by my noble friend. As she said, the official evidence made available and statements made do not address this directly at all, as income status is not one of the parameters researched, even though the indicators of the likely adverse impact on the unemployed and on people in social housing should have set a red light flashing, prompting further research into those on low incomes. That it did not do so speaks volumes. Instead, as my noble friend also said, we are indebted to the Joseph Rowntree Foundation for carrying out the research. I will not repeat the details that my noble friend mentioned, but of the total of all those on low incomes who did not have photo ID, thought that what they had was unrecognisable, or were not sure, only about half said that they would be likely to apply for a voter card, and two-fifths said they were unlikely to, or were unsure whether they would.
That is not to deny the agency of this group, but it might reflect a reluctance to engage with the state in this way, because of a lack of trust, as a number of commentators have observed. Or it may be a function of the sheer hard work involved in getting by in poverty. Getting by in poverty is itself an example of time-consuming agency, the more time-consuming when also juggling multiple jobs, long hours and/or insecure work.
Baroness Meacher (CB)
My Lords, I rise in support of Amendments 56 to 60 in the name of the noble Baroness, Lady Hayman of Ullock, to which I have added my name. As I said at Second Reading, one of my biggest concerns about the whole Bill—though it is not the only one—is that the ID requirements could, when an election is closely fought, lead to an entirely different outcome of the election from that which would have been achieved without this ID process. In some cases it could result in a change in the MP elected in particular constituencies where, again, the result is close. Although there are obviously problems about individuals and groups, my biggest concern is that this could tip over or interferes with and distort the result of an election. That is a very serious matter.
The requirement in paragraph 8 of Schedule 1 that the electoral identity document
“must … contain a photograph of the person”
risks excluding various groups. The noble Baroness, Lady Hayman, went through those groups in some detail, and I certainly do not want to repeat her remarks. A differential turnout in these groups and constituencies will therefore determine to what extend the ID system affects the outcome of elections. I have no doubt that the ID system will affect election results and outcomes, and therefore, in my view, the ID provision should not be included in this Bill at all. However, I do understand that the Government had the election ID proposal in their manifesto. Nevertheless, I think I am completely convinced, certainly by the noble Lord, Lord Kerslake, who did not get to speak on it, that the manifesto did not refer to photographic evidence. I hope the Minister will, therefore, while hanging on to his ID scheme no doubt, agree that these amendments are very important to keep the impact on elections to a minimum. We need the information required by these amendments. It will be difficult to estimate the impact on various groups, and I would be grateful if the Minister in his response would explain how that data will be obtained—assuming of course that he accepts the vital importance of impact assessments, and I am sure he does—before the ID system is introduced.
The noble Baroness, Lady Scott, referred to various countries that have electoral ID documents, but it would be very helpful if the Minister would make clear which countries have electoral ID systems that do not have general national ID documentation. I think it was indicated that it would not make any difference; of course, it would make an enormous difference if everybody was automatically required to carry their ID in their pocket or bag. Of course, they would roll up at the polling station with their ID—so I have to say I do not accept that it does not matter. It does; and it would be very helpful if the Minister could give some kind of evidence about efficacy and about the impact on elections in those countries that have electoral ID but not national ID.
A very different concern relates to the delegated powers in relation to the registration officer’s power to issue the relevant electoral identity document. For noble Lords not involved in the earlier debate, perhaps I should again declare my interest as a member of the Delegated Powers Committee. The registration officer is under a duty to determine the application “in accordance with regulations”. That is a very wide power, which leaves it open to Ministers to determine the conditions that must be met before an applicant is entitled to receive an electoral identity document. We are not going to know that; that will be a ministerial decision under delegated powers. It also allows for the possibility of the registration officer being given discretion in deciding whether or not to issue an electoral identity document to a person. Again, on what grounds? What is actually going to go on here?
The Delegated Powers Committee is wanting an explanation from the Minister about why these provisions are not on the face of the Bill, and it is quite difficult to think why they are not. If the Minister cannot give an adequate explanation, the committee’s view is that the delegation in this case is inappropriate. I bring that to the Committee because I think it is relevant, and it is important for people involved in these discussions. I do not know whether the Minister is in a position to respond to this, but, if he is not, maybe he can respond in writing, not just to the Delegated Powers Committee but to Members of this Committee. I hope the Minister will be able to respond, though, to this concern.
Baroness Chakrabarti (Lab)
My Lords, to vote is a fundamental right. It is not a new-age right invented the other day; it is a fundamental civil and political right. It is also, for many of us, an ethical duty. If the Government took that view, they would not judge the balance of risk in the way that they currently are. That is where this group relates to the debate foreshadowed in the previous group on financial cost. In that debate, the noble Baroness, Lady Noakes, said that it is worth it to have integrity in the system, but the noble Lord, Lord Woolley, asked whether just one conviction really justified the risk. Now we are closer to the crux of the debate.
Different groups of people have fought for the right to vote over many centuries, all over the world. It is one of the first-order civil rights in a democracy, and an ethical duty. If the Government agreed with me, they would judge the balance of risk rather differently from the way they are currently doing with this one conviction as evidence of a problem. Although it is always hard to prove a negative, any evidence produced for it—whether in pilots or from well-established civil society research organisations—is batted away and the Minister in the other place says, “Let’s lock the house before the burglary happens”.
If I am right that it is a first-order civil right, like the right to liberty, you have to judge the balance of risk and put the presumption in a slightly different place. With the right of presumption of innocence and the right to liberty, we put the presumption in a particular direction. We say that it is more important—many Conservatives not in their places would agree with me—that one innocent person does not lose their right to liberty than that even a few more who are guilty go free. If that is how we judge the presumption of innocence in relation to liberty, and if we take participation in free and fair elections as a first-order right of that kind, why do the Government judge the balance of risk in the way they do? Why are they not doing everything possible not just to ensure that those with the right to vote can do so but to encourage the behavioural change we want so that people get the habit of voting and discharge what I think is an ethical duty?
Some other countries say that voting should be compulsory—that it is not just an ethical duty but a legal one. That is a step too far for my libertarian instincts; speaking of which, I fought for many years with many who are not in their places on the Benches opposite, and the current Prime Minister, against the principle of compulsory identification cards for people in this country. Conservatives were some of the most eloquent participants in that debate and the Conservative Party fought elections on manifestos against it, on the basis that this is the kind of free country in which free-born English men and women should not have to carry compulsory ID.
It did not make me many friends among those who are now my noble friends, but that was the argument and principle that united the Conservatives with the Liberal Democrats in 2010—repealing compulsory identity legislation was their flagship policy—and I welcomed it. It seems a little odd now to say that there will not be universal compulsory identity cards for everyone but we will take your vote off you if you cannot afford ID such as a passport or a driving licence. Ministers are shaking their heads on the basis that they will make it possible for all sorts of other kinds of free and cheap ID to be available. We have to take that on trust.
That does not deal with the principled concern—why we require it at all, given that we blew all those trumpets about free-born Englishmen not requiring compulsory ID in the first place—or solve my practical concern about discouraging people who are already discouraged from getting into the habit of voting. The noble Lord, Lord Woolley, made that point so eloquently in the previous debate.
With all the comings and goings and the vivid nature of the debate, I never heard from either of the noble Baronesses, Lady Noakes or Lady Verma, in what way they think fraud is of a significant enough degree in this country at the moment to justify their points about people being shut out of the process by it.
Lord Woolley of Woodford (CB)
My Lords, I support the amendments tabled by the noble Baroness, Lady Hayman. Seven hours ago, when my back was not aching, there was a good discussion in the Chamber about not rushing through legislation. Do noble Lords remember that? We must not rush it through because, if we do, we are in danger of getting it profoundly wrong.
I was pleased that the Gypsy, Roma and Traveller community has been mentioned. I have worked with them for more than 25 years and know they are one of the most marginalised and politically disenfranchised communities in the country. They have told me that voter ID would severely impact their ability to engage in the democratic process. We know of other groups too. In 2019, in reviewing the pilot scheme, the Electoral Commission said:
“In Derby there is a strong correlation between the proportion of each ward’s population from an Asian background and the number of people not issued with a ballot paper.”
There is copious evidence to suggest that, if we go ahead with this, black, Asian and minority-ethnic communities will be disproportionately affected. I suggest that we do not make the mistake that we made with Windrush, when we made legislation with the best intentions—one would hope—and the unintended consequences wreaked havoc with the Windrush generation. What we did not do then was have a comprehensive race equality impact assessment.
The Public Administration and Constitutional Affairs Committee, which looked at the Bill, said in December that there is insufficient evidence to suggest that we need this. We should press the pause button. Let us make sure that we get this right. Our children and voters who find it difficult to get to the booth could be even more severely affected. If we pause, have a comprehensive impact assessment and get this right, I am sure that we can get this in a much better state.
Lord Kerslake (CB)
Given the lateness of the hour, I hesitate to come in now, but I feel passionately about the importance of tackling the uneven and potentially discriminatory nature of what we are doing here without the proper assessment to which the noble Lord, Lord Woolley, referred.
I shall make two points. The London Voices project is worth reading in detail. I agree with the noble Baroness, Lady Hayman, on that. It involves more than 100 organisations with more than 5,000 staff. They have produced a comprehensive picture of the risks involved in this project. Has the Minister met the London Voices project? If she has not, will she do so as a matter of urgency?
My second point is about the Mayor of London’s concerns. He has written and set out very clearly the risks, as he sees them, in London: over half a million Londoners without a passport; over 2.5 million Londoners without a driver’s licence; and something like one in five of those with a disability not having a freedom pass. I could go on. A whole range of people in protected groups do not have the evidence that is required. We may then say that there is a free pass available on application—but look at the JRF analysis, which shows that a large number of those very people are the ones most likely not to apply for the free pass. So, the net effect is that they will be excluded. Can that be what we are looking for here? Have we done enough to be sure that that does not happen? I do not think so.
Viscount Stansgate (Lab)
My Lords, I hope that the noble Lord’s back, after seven hours, recovers. I was one of some Members who were in this Chamber at 2 o’clock this morning debating and voting on another important Bill.
In view of the lateness of the hour, I want to put only one point to the Minister. The Government understand that their proposals in this area are controversial. They are controversial because they are making a very considerable proposed change to the way in which we conduct elections. Yet at the same time, on all sides of the House, we are agreed that we want to see the maximum possible voter registration and turnout. Looking at this group of amendments, which I rise to support, does it seem unreasonable that the Government should be required to provide a statement on the estimated impact of these provisions on voter turnout? That seems to me a very reasonable request.
Lord Scriven (LD)
My Lords, listening to this debate, it is quite obvious that some groups of people are less likely to have access to the voter ID that will be required. We should know much more about the potential consequences of such a major change to our tried and tested system at polling stations before introducing it for a general election. As the noble Lord, Lord Woolley, said, let us press the pause button on this. A single survey commissioned by the Cabinet Office is not sufficient to show that compulsory voter ID will not have many of the same problems that we see with electoral registration, which effectively excludes many people from their right to vote.
We should look in some detail at the report of the Joint Committee on Human Rights on this issue. It drew attention last September as to how:
“The Government must do more to demonstrate the need for voter ID”.
The committee said that the Government must also
“mitigate the potential barriers to voting its proposals may create.”
The Government’s response spoke about making elections “accessible”, but they failed to justify any additional barriers to voting or to show that they were proportionate to what is shown to be an extremely low level of electoral fraud and one conviction. The Joint Committee on Human Rights said that
“it is estimated that over 2 million people will not have an acceptable form of ID and so will have to apply for a free voter card or lose the ability to vote at the polling station. These proposals are aiming to reduce fraud at polling stations, however the recorded instances of such fraud are rare.”
Having taken expert advice, the committee warned that:
“The impact of the proposals may fall disproportionately on some groups with protected characteristics under human rights law. Older people and disabled people are less likely to have photo ID and some groups such as Black, Asian and minority ethnic communities may be hesitant to apply for the Voter Card. The Committee calls on the Cabinet Office to produce clear research setting out whether mandatory ID at the polling station could create barriers to taking part in elections for some groups and how they plan to mitigate this risk effectively.”
It is worth noting that this is what the impact assessment says about this policy in terms of its effects on voting:
“The analysis does not assess the impact of the policy on voter turnout.”
The Government’s own impact assessment has not even looked at what the effect will be on voter turnout. Why was this not done?
It has been mentioned that some countries have voter ID. To answer the question from the noble Baroness, Lady Meacher, certain states in America do not have compulsory voter ID, and the effect on turnout is that those who are more economically affluent will vote while those who are least economically affluent will not, because they do not have access to voter ID. So there are international comparisons showing that this is a problem.
Because of the lateness of the hour, I will say just this: there will be roughly 2.1 million people for whom mandatory voter ID will be a barrier to exercising their vote. If that is the case, why are the Government pursuing this policy, and why have they not carried out an impact assessment to see its effect on voter turnout?
Baroness Scott of Bybrook (Con)
I thank all noble Lords for an interesting debate. I shall respond to a couple of things straightaway. The noble Baroness, Lady Meacher, raised some issues from the Delegated Powers and Regulatory Reform Committee. I have agreed with the Minister that if she does not mind, we will write to the noble Baroness and send a copy to anyone who has taken part in the debate.
Due to the lateness of the hour, and because we are going to have a stand part debate on this same issue at our next sitting, I will be much briefer than perhaps I would have been, because I am sure all these issues will get brought up again. The Government strongly stand by the importance of public participation and engagement, which has come out from many noble Lords today. It is important to us. I reassure the House that we share a joint aim on that front. We all want participation in a strong democratic election system.
Turnout fluctuates from election to election; I think we all know that. If we look at national elections versus local elections versus parish council elections, they all have fluctuating turnout, for many reasons, so it will likely not be possible to isolate the impact of the measures in the Bill on that. It would be quite difficult. I hear the concerns that have been raised but, as I said earlier, the impact of the measures in the Bill have been considered in great detail. In response to the noble Baroness, Lady Lister, I will get her a list of the consultees that we worked with because that is important.
With regard to making sure that all groups, particularly minority groups, engage with the electoral system, register to vote and vote once they are registered, I go back again to the importance of the local electoral teams in all our local authorities. They are the people who have the experience of the communities that they serve and work within. I myself have a particular interest in the Gypsy, Romany and Traveller communities. If those local electoral teams understand a community locally—I have seen this working locally myself—then they are often the people who can speak to them, find out the barriers for those communities and work through them. I am sure that is same for many other communities across the country.
Lord Kerslake (CB)
I asked a specific question as to whether the Minister had met the London Voices project and, if not, whether he would be prepared to meet them now.
Baroness Scott of Bybrook (Con)
We will write to the noble Lord. We have met, but I shall make sure that we give the noble Lord a clear response on that.
Lord Scriven (LD)
I know that it is very late, so I shall be quick. The Minister skipped over this, and it is quite key. There has been no analysis of the impact of this policy on voter turnout. The Electoral Commission will do it retrospectively but I am talking about before it comes in. Why have the Government missed this key issue? They keep telling us from that Dispatch Box that the policy will not have an impact on voter turnout, yet they have done no detailed analysis in their impact assessment.
Baroness Scott of Bybrook (Con)
I can confirm that we have not done that impact analysis. The important impact will be after.
Baroness Meacher (CB)
The issue of impacting the outcome of elections is seriously important. Will the Minister go away and think about whether the Government should do an impact assessment not only on overall turnout but on differential turnout among different groups—for example, the disabled, the poor and the elderly—to assess the likely impact on election outcomes. All these things are important, but it seems to me crucial that, in a democracy, Governments should not introduce policies that are going to skew election results. I ask the Minister to take that away and write to us all about what the intention would be.
Baroness Hayman of Ullock (Lab)
I thank all noble Lords who have spoken in the debate. I am grateful for the wide support for the amendments and for what we are trying to achieve with them.
The noble Baroness, Lady Meacher, just made an incredibly important point. All through the debates that we have had, there has been a lot of discussion about the importance of democracy, the importance of participation and the importance of widening democracy and encouraging people to vote. It concerns me that the Government are introducing a policy that could have an impact on people’s ability to vote without having done an assessment of what the impact on voter turnout is likely to be. Whether or not we want to look at the Irish case or at what has happened in the United States or in other places, we know that there is likely to be some form of impact. Would it not therefore be good practice and a good way to do legislation to make sure that all those impact assessments are done in advance? That just seems to be logical.
It is late. I shall not speak any more. All I say is that I am sure that these issues will be discussed more when we next sit in Committee, where the clause stand part debate is the first debate. These issues will also definitely come back on Report and will need further debate and discussion. In the meantime, I beg leave to withdraw the amendment.
Elections Bill
Monday 21st March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)
Lord Wallace of Saltaire (LD)
My Lords, I shall wait for just a minute while those who do not wish to hear my exciting speech absent themselves.
Those who heard the remarkable speech by the noble Lord, Lord Woolley, on Thursday will know that the case for this clause to be included in the Bill is very weak. He said it all, in effect. First, this is an extremely small problem; secondly, it will disfranchise the poorer and more marginalised elements of the electorate; and, thirdly, the larger problems of our electoral system lie elsewhere. The PACAC report, which has been much quoted in Committee so far, states:
“There is very limited evidence of personation at UK elections.”
These proposals represent
“a disproportionate response to a problem that appears not to be widespread.”
Paragraph 96 states:
“Introducing a compulsory voter ID requirement risks upsetting the balance of our current electoral system”—
that is a real constitutional reform in the wrong direction—
“making it more difficult to vote and removing an element of the trust inherent in the current system.”
The more urgent problems facing our electoral system include some things we will discuss later today, such as intimidation, of which I have experience, but above all the missing 8 million to 9 million citizens who are not on our electoral register. The Bill leaves to one side the issue of the incompleteness of our electoral register. As it happened, last week, I turned up in my pile of Cabinet Office publications one from December 2017 entitled Every Voice Matters: Building a Democracy that Works for Everyone, introduced by Chris Skidmore, then the Minister responsible. As we were discussing in Questions, there have been several changes of responsible Ministers since then, which has no doubt contributed to the incoherence of the Bill. Skidmore argued very strongly in that document for citizen engagement, greater participation and a more complete register.
Here is a major weakness in the integrity of our elections. Previous Conservative Ministers thought it important, but the Bill instead chases after other imagined problems—ones that US Republicans also chase for reasons not concerned with election integrity. The Bills that Republican-controlled state legislatures have passed under the title of election integrity have been concerned with pushing people—marginal, poor, black and others—off the register. The Minister will be well aware of the wide suspicion of the degree of Republican infiltration of the Conservative Party and of Conservative imitation of right-wing Republican enthusiasms and campaigns, most recently illustrated in the remarkable and awful speech which the chairman of the Conservative Party gave to the Heritage Foundation only two weeks ago.
Perhaps the Minister would like to argue that the absence of evidence of a serious current problem should not deter us from turning to the precautionary principle—introducing this in case there turns out to be a larger problem in future than there was—but he has told us that he does not accept the precautionary principle. After all, it is a European principle disliked by all true Anglo-Saxons.
The cost of introducing voter ID across the entire electorate could instead be spent on citizen education and engagement, to encourage more young people to play an active role in our electoral system and its campaigns. We could experiment with moves towards automatic registration—that is, automatic entry on to the register, which we will discuss later in Committee.
Baroness Chakrabarti (Lab)
My Lords, I commend the noble Lord, Lord Wallace, and agree with everything he said; that is hardly surprising, of course, because I have added my name to the list of those opposing the Question that Clause 1 and, effectively, Schedule 1 should stand part of the Bill.
The noble Lord put it so well: compulsory voter ID, and in particular photo ID—this needs to be teased out a little—is a solution looking for a problem. It is a bit like compulsory ID before it but, again, as the noble Lord pointed out, there would be a greater logic—it was a position that I opposed for many years, along with many others in this Committee, in your Lordships’ House and in political life, particularly to the centre-right of politics—in the current Government’s position if, when in opposition, they had not been so opposed to the notion of compulsory identification and compulsory photo identification for their citizens. Pretty much every argument that was put against compulsory ID, particularly the more libertarian arguments about this being a country of free-born people who should not need to identify themselves before the exercise of the most fundamental rights and freedoms, applies here. I am afraid that it leaves many people in this country very concerned about the true motivation behind this policy at this time.
This is the clause stand part debate so, necessarily, it reintroduces some of the points that were made in previous sessions of this Committee in relation to various amendments to do with public cost, private cost and various aspects of the argument against.
Once more, as the noble Lord, Lord Wallace of Saltaire, has pointed out, this is a solution looking for a problem, compared with other solutions that are, some would argue, quite urgently required in relation to real problems, such as voter intimidation and the oppression of some women, in particular, including within their families. That point was at least intimated by the noble Baroness, Lady Verma, when we last met. She is not in her place, but her noble friend Lady Noakes is in hers, and I think there was a consensus in the Committee that there are issues there about women, in particular, in certain families and perhaps in certain communities, and that there is work that could be done there.
It would involve some public expense to really empower some of those women, to be sure that they felt truly liberated and empowered to exercise their vote truly independently. But this is not an issue of proof of identification; it is a much more holistic problem of the way in which they live and, perhaps, their lack of support and a certain level of alienation from wider society. The problem could be addressed in many ways with some of the resources which, as we said last time, will instead be diverted towards this untested, new, radical requirement of compulsory photo ID, and all that comes with it.
We have a problem already. I think it was broadly agreed, by consensus, in Committee last time that there are nowhere near as many people registered as there could be, and should be, for them to have at least the potential to exercise the right to vote. We could be using public resources to have truly cross-party, non-party voter registration campaigns. Unfortunately, the noble Lord, Lord Woolley of Woodford, cannot join us today—he is detained in Cambridge with his students—but he spoke last time about the importance of such campaigns for voter registration. Resources could have been targeted towards that, rather than this.
Some of us have argued, and will argue on later groups, that we should really be moving towards automatic voter registration, as happens with automatic registration for taxation. Why is it that in this country we are capable of automatically registering people for taxation purposes on their 18th birthday—quite rightly, in my view, because that is not only a right but a duty, and it is an ethical duty, at the very least, to think about voting—but we cannot do that for the purposes of representation and voting? That would no doubt cost some money, at least. But we are spending the money on this, the Government’s intention, and not on that.
There are general levels of disengagement and disenchantment, in some communities more than others. There are so many things we could be doing there to engage people in civil society, political parties and voting. Some of that could be done quite creatively, and some resources would no doubt be involved. But we are not choosing to do that; we are choosing to do this instead. I would argue, as I have done all my adult life, that there is still insufficient constitutional and political literacy in our mature democracy. Yes, that is more the case among some groups than others, and it would take some resources to engage in that kind of voter and citizenship education—not just among school-age children but among new migrants, including refugees who come to our country. There is so much more we could be doing with the resources, but we are choosing—or at least, the Government are currently proposing—to employ resources on this compulsory ID instead of on that.
I agree with the noble Lord, Lord Wallace of Saltaire, that this is an expensive solution looking for a problem. Worse than that, it will do more harm to our democracy than any possible good. It is not unusual, when the precautionary principle is used to justify everything from detention without charge to compulsory ID, that we end up with a policy and a law liable to do more harm than good. Whether by accident or design, what some of us fear in this case is nothing short of voter suppression, or at least voter discouragement, on a level that is not what we need at this moment, nearly a quarter of the way into the 21st century, after some really difficult years in a very divided country. Whichever side people were on in the referendum campaign, with suspicions of interference in elections by foreign powers—including foreign powers now tempting people possibly into another great European war—and during the difficult times of the pandemic and the difficult times now, with yet another refugee crisis, this is not the moment even to whisper a policy, let alone to legislate for one, that will lead people to feel that we are going in for a period of voter suppression.
We do not want to go down the American road on this. There are wonderful things that come from the United States. Many of us who are constitutional lawyers have, when studying, looked in admiration to many aspects of American notions of citizenship, but we should avoid voter suppression or putting hoops in people’s way, particularly those from more vulnerable communities, whether they are more recently arrived Britons, minority groups, the disabled or poor people. Putting any hurdle in the way of registration and voting will smack of voter suppression, whatever the true intentions. Clause 1, married with Schedule 1, makes the photo aspect compulsory, and it is that which I have a principled objection to, and would have whichever party was in government and whichever party was proposing it.
Lord Hayward (Con)
Given that the noble Baroness has a principled objection to the introduction of photo ID, why is photo ID used in Labour Party selection meetings?
Baroness Chakrabarti (Lab)
My noble friends, who have more experience of being selected to stand for elected office in the Labour Party are muttering that it is not—
Baroness Chakrabarti (Lab)
I am being told that it is an option. Perhaps my noble friends can speak of what they know and I do not.
Baroness Hayman of Ullock (Lab)
Perhaps I may clarify, as this has come up before. When you go to selection meetings you are asked to take a membership card in case anyone wants to check it, but it is not compulsory. I have never had my card checked.
Baroness Chakrabarti (Lab)
I should say, for the record, that I have never stood for election to a parish council or a PTA committee, let alone to high elected office. I should say that with some embarrassment, given that I am in this revising Chamber, but being a member of a political party is a privilege. It is based on a shared understanding of more than just the broader values of a political project, whereas to be a citizen entitled to vote is a fundamental right, and that is the distinction. It is also a distinction with various commercial transactions, which we understand require a certain element of identification. I would be more persuaded by the point that the noble Lord is making by his probing if we had heard, in response to some hours of debate on previous occasions, evidence of a significant problem with identity fraud in our elections.
As with many things in life, there is a balance of risk to be judged here. The noble Lord, Lord Woolley of Woodford, who is unable to be here today, pointed out the one conviction for voter identity fraud. That is not enough evidence to introduce this level of hurdle, hoop or requirement when balanced against the research that has been ventilated in this Committee and that has been sent to all Peers about the likely outcomes of putting further obstacles, hurdles or disincentives to register in people’s way.
Lord Woodley (Lab)
My Lords, I agree that Clause 1 should be struck from the Bill, if the Bill itself is not withdrawn. The clause is a dangerous solution to a problem that, as has been said, does not even exist. Requiring photo ID to vote will not strengthen democracy; it will weaken it. There is no doubt in my mind about that. It will damage the democratic rights of millions, disproportionately disfranchising poorer and ethnic minority voters, who, as we know, tend to lean towards Labour in elections.
There is no evidence that voter personation, which is what the clause is supposed to tackle, is a problem in this country. On the contrary, in 2020 there were just 139 allegations of voter fraud, which led to one conviction and one caution for personation. In 2019, although there were local, European and general elections, there was again just one conviction for personation out of 60 million votes—no problem there, then.
If this was not so serious it would be laughable. I am somewhat sceptical. It is not a coincidence that this Tory scheme for voter ID to suppress working-class voters is a mirror image of what has been done to black, Latino and American workers by the Republicans, as has been said. You would almost think that the ruling class was organising across the Atlantic to change the rules of the game itself. Surely not.
It is important to highlight the Public Administration and Constitutional Affairs Committee’s warning that Clause 1
“risks upsetting the balance of our current electoral system, making it more difficult to vote and removing an element of the trust inherent in the current system.”
We should not forget that.
Then, of course, there is the financial cost of compulsory voter ID: £120 million over 10 years according to the Cabinet Office. No election in British history has ever been undermined by mass fraud, so why are the Government spending millions of pounds to fix a problem that does not exist?
I believe the answer may simply be that the Government are worried that many working-class voters are starting to realise they were hoodwinked at the last election. Workers and their families are watching this Government take decision after decision that make the very rich richer while the rest of society is squeezed dry by the escalating cost of living crisis that we are confronted with now.
The Government’s total capitulation to the big energy firms has led to eye-watering bills that are rising higher and higher. The national insurance hike next month is a tax on jobs that will hammer the working poor most of all. Real-terms cuts to social security are driving millions into despair and destitution. All this pain and misery is against a backdrop of rampant inflation and crony Covid contracts for the chums of the Prime Minister, who mostly, in my view, likes to party.
Workers are waking up to the Government’s ideological assault on trade unions, the last line of defence against the bad bosses and a system that has attacked them, including this very Bill, especially Clause 27 on gagging trade unions, which we debated last week. Let us look at the Government’s much-hyped Employment Bill. I repeat: let us look at the Government’s much-hyped Employment Bill—except we cannot. It is nowhere to be seen, despite the manifesto pledge to
“make the UK the best place in the world to work.”
It would be scandalous if this promised legislation was again absent from the forthcoming gracious Address. Perhaps, the Minister would like to share his thoughts with us all on this subject.
Faced with the reality that the Tory party is not on their side, many workers and their families who lent the Prime Minister their vote to get Brexit done now want their vote back. This Bill as a whole, and especially Clause 1, looks like a blatant attempt to limit the damage this will cause the Conservatives at the next election.
In this place, we are privileged to play a key role by helping to improve legislation and holding the Government to account. We would not be doing our job properly if we did not challenge bad Bills, and this is a very bad Bill indeed. The Minister will deny it, but Clause 1 is a key component of a backwards, Trumpian attempt to rig democracy in favour of the Tories. That is why I support the cross-party call by my noble friend Lady Chakrabarti and others to strike it out. I urge the whole House to do exactly the same.
Baroness Fox of Buckley (Non-Afl)
My Lords, I support this proposal that the clause stand part but I have some caveats. A high-profile Guardian commentator alleged:
“The Tories are introducing voter ID purely because they know the people lacking relevant ID are most likely to vote Labour, and they want to prevent them from voting.”
One Labour MP described it as
“a cynical and ugly attempt to rig the system to disempower the poorest and most marginalised.”
I do not believe that at all. It seems to me those arguments—we have heard some here—are concrete evidence that cranky, conspiratorial thinking is alive and well across left and right. I am not convinced that this is a Trumpian plot, an attempt by the Republican Party to take over the Conservatives or anything else. The view that everything is a sinister international plot—and goodness knows I see a lot of that on social media—is itself in danger of fuelling a cynicism and nihilistic distrust in institutions and politics. We should not necessarily resort to it to oppose voter ID. I do not think we need to.
I am prepared to take at face value that the Conservative Government are trying to fulfil their manifesto pledge to tackle potential voter fraud. There certainly has been concern about it although, as it happens, that has largely been confined to postal votes, which are being dealt with separately. But even if I take it in good faith that they are trying to shore up trust in the electoral system, my big problem is that voter ID is a wrongheaded way of doing it; it is likely to backfire and stoke up mistrust.
Let me explain a few of those points. The voting system in Britain is the outcome of centuries of struggle and civic engagement, and often, indeed, class struggle. The degree of trust that allows us as a country to allow citizens to vote on the basis of just showing up and giving their name—it is as simple as that—is a real success story. That is something that the Government and all of us should be proud of and celebrate; and—guess what—there is no evidence that it has been subverted in any way. We should have the same pride that we do not live in a “produce your papers” society, based on constant official checks by authorities. It is important to maintain that distinction between citizens and the state.
That is why so many of us campaigned against ID cards in general when the Labour Party tried to bring them in, and more recently balked at vaccine passports pushed by the Government and backed by the Opposition. Even fully vaccinated enthusiasts for the jab such as myself worried that saying, “You have to show your papers”, was an egregious, divisive encouragement to look at one’s fellow citizens with suspicion. We are now talking about showing your papers when you go to vote. General ID cards are a barrier to being able to go freely about our business, while voter ID is a barrier to being able to vote freely. In that context, voter ID is not just a technical matter; no matter what method is used, it creates obstacles to voting.
I do not think that it will lead to mass disfranchisement and, to be honest, I find it slightly awkward when people say that poorer people and the marginalised will not be able to cope with filling in the forms or getting the ID; that is potentially rather patronising and is not our objection. Let us imagine what it will do to a bond of trust, however, if you go along to vote and witness numerous people being turned away from polling stations; we know that people will be turned away because we have seen pilot schemes in which that has happened. Surely that would put a question mark over those electors, as though they were somehow a bit dodgy, when in fact they have just got the wrong paperwork.
Then there are other kind of nightmare scenarios that I dread. There just needs to be a handful of officious, jobsworth local officials overzealously treating people as though they are would-be cheats with the paperwork, and chaos will ensue. Anyone who has had to go to a government department and deal with the paperwork will know that that is all completely feasible. What is more, the more the Government double down on this—I do not understand why they are doing so— the more they send the message that the voting system itself is a major problem. It gives the misleading impression that large-scale fraud is going on that needs to be tackled, which is just so negative. In fact, as the noble Baroness, Lady Chakrabarti, pointed out, there are positive ways of talking about engaging voters rather than this negative view that somehow we have to stop all those people who are trying to sneak in and cheat.
Democracy is based on trust. At its heart lies the belief that all people should be treated equally at the ballot box regardless of any social or educational inequality. Your status is irrelevant when you get to that polling booth. The most lowly person is equal to the highest person in the land—every vote is equal. That is based on the belief that everyone can be trusted to decide on the future direction of society and to vote in good faith. That is what democracy is all about.
When a very few bad apples—maybe only one, according to the evidence—become the focus for a Government to reorganise the election practice, or when there is a greater problem of distrusting democracy and democratic institutions, which I talked about at Second Reading, it is a bigger problem, but I do not think that this solves it. When that bigger problem of distrust in democratic institutions is narrowed down to take the form of a managerial, bureaucratic solution, I fear that democracy itself will be damaged. I fear that it will fuel only a climate in which future election results will be open to suspicion and in which the integrity of the system is undermined. However, I appeal to those people who agree in principle with this to avoid cheap sectarianism in making their case.
Lord Desai (Non-Afl)
My Lords, I have been somewhat orthogonal to this whole debate for a long time. I feel that whether Clause 1 stands part or not is neither here nor there—but there is an important point here. If voting is my right, it is the Government’s duty to deliver the instruments that will make it easy for me to vote. I should not have to go out there and register; the Government ought to be at my door, knowing that I have attained the appropriate age of 18, or whatever it is nowadays, to register me and give me my identity card. I do not know what the fuss is about. Why do we put the burden on the voter all the time? We really ought to make it easy for the voter to vote.
As I have said before, at Second Reading, we should not even have to go to the voting booth to vote; people should be able to vote on their smartphones, as long as it is a valid, encrypted method.
I am not at all worried that the great unwashed and coloured people like me will not be able to handle literacy. That is not the point. The point is that the Government are not doing enough on their own to make good and allay the fears they have that lots of people are going to cheat.
It is very simple. As I have said before in your Lordships’ House, in India they have 900 million-plus voters, and everyone has an identity card. I do not know what the fuss is about. It is not expensive and it is very convenient. After all, when people go out, they have their debit card, and they can give their phone to identify themselves, and so on.
My grandchildren laugh about our system of voting, because it is a very old-fashioned system. I do not think that is anything to be proud of: it is a voting system that puts all the burden on the voter and none on the Government. Whether or not Clause 1 stands part is another matter, but if the Government want identity cards to be introduced, they should introduce them and provide them, and they should make it easy for people to vote.
Lord Hayward (Con)
My Lords, I hope that I have displayed to the Committee an independence of spirit on certain parts of this Bill, including in my comments on this clause stand part debate previously, but I am absolutely 100% behind the Government in introducing photo ID. It is for the reasons that the noble Baroness, Lady Fox, touched on, and actually for the reason that the noble Lord, Lord Grocott, accidentally touched on last week—and I am pleased that he is here. He raised the question twice in relation to the last general election, about the uncertainty of our democratic institutions.
If one looks at the surveys undertaken by the Electoral Commission, there is serious doubt about the validity of the ballots that take place, persistently. The trials that were undertaken, and then followed up by research thereafter, showed that there was a marked—
Baroness Chakrabarti (Lab)
I am so sorry to interrupt mid-sentence; it was just due to my hesitation. In the moments which follow, will the noble Lord give some thought to, and reflect on, his comment that there has been some serious doubt about our recent polls? That is quite a serious thing for anyone to say in this House. It may just be a question of rephrasing that point. For the reasons given by the noble Baroness, Lady Fox, it is quite serious to now suggest, at this moment in 2022, that there is serious doubt over recent elections. We have had some pretty seismic elections and electoral results in recent years, and it is serious for a noble Lord of any party to suggest in this Chamber that there is serious doubt about the validity of those polls. That may not have been the noble Lord’s intention, but he might want to clarify this.
Lord Hayward (Con)
I did not say those polls, I said some polls. In fact, the noble Baroness actually referred to the disagreement in society in relation to the EU referendum and the closeness of that result. It was that, and others, to which I am referring. Clearly, the noble Baroness has not actually read the Electoral Commission report and the research undertaken associated with the trial ballots which took place in a number of locations in 2018 and 2019. Had she done so, she would have seen that there was serious concern among large parts of the electorate—not a majority—about the validity of the voting process. The noble Baroness is looking at me somewhat quizzically. I suggest that she actually reads the report.
Baroness Chakrabarti (Lab)
It is just my mask which makes me look suspicious.
Lord Hayward (Con)
In which case, I apologise for misinterpreting the noble Baroness’s expression below her mask.
If noble Lords look at the most recent poll undertaken by the Electoral Commission, it is striking that concern about recent ballots and votes diminished quite markedly, despite the fact that there had been no change in electoral law. It is my contention that one reason for this is that we are moving further away from the Brexit vote, which generated large concerns among large numbers of people about the validity of certain votes.
Lord Adonis (Lab)
Has not the noble Lord just undermined his own argument, then? If things are moving in the right direction, with what problem is this legislation seeking to deal?
In addition, the noble Lord said that we have not read the report—I have read the report. There is a huge difference between an expression of concern and evidence of concern. If we sought to change the law of the land for everything about which people expressed concern when responding to opinion polls and surveys, this House would never stop sitting. The issue is evidence of concern. What evidence of concern—beyond that which has already been indicated to the Committee and which is extremely limited—can the noble Lord point to?
Lord Hayward (Con)
The noble Lord is misinterpreting the data within those datasets and what the Electoral Commission and an individual research team undertook to do. They were trying to establish the level of concern. Had the noble Lord allowed me to continue for a few more sentences, I would have identified why I am concerned about that. It is not about a particular election; it is about when elections or referendums become close and contentious.
I speak here as a remainer—I was not a Brexiteer. When a referendum, or some form of ballot, becomes both close and contentious, the way in which the ballots have been conducted comes out as a matter of concern. As a result, it is precisely for those reasons that I am concerned that we should have certainty and security in the process.
I do not regard it as a process of voter suppression. President Trump—or Donald Trump, whatever you like to call him—had a basis of foundation for his arguments against the result at the last presidential election because there were uncertainties about the way in which it was conducted. As far as I am concerned, I want to see certainty in this country.
Baroness Fox of Buckley (Non-Afl)
In my Second Reading speech, I said that I recognised the sense in which we have a problem of people withholding loser’s consent. I made the point that that was one of the problems we had in America with Donald Trump withholding it. Loser’s consent is a fundamental part of democracy. For many years following the referendum result, there was a substantial number of people who wanted to withhold loser’s consent for a majoritarian vote. That is complicated and there is a political issue going on about why people no longer accept that.
My argument—and this is what I want to ask the noble Lord—is that it is not a technical matter. It has absolutely nothing to do with impersonation. Nobody accused anyone of impersonating anyone. All sorts of accusations have flown but not that one in the UK. Therefore, does this technical way of trying to tackle a problem imply that there is a big problem of impersonation when there is not and therefore fuel the very sentiments that we are trying to reassure people around? It just does not make any sense as a way of dealing with a problem that I agree exists.
Lord Hayward (Con)
I thank the noble Baroness for her intervention. She and I clearly recognise that there is a problem and there are different problems and you can tackle them in different ways. I happen to believe that photo ID is a way of tackling the issue.
Unfortunately, the noble Lord, Lord Woolley, is not present. I was present on the Select Committee when he gave evidence. The noble Lord, Lord Rennard, was also present but, unfortunately, he clearly is not able to be here today. The noble Lord, Lord Woolley, dealt with issues way beyond the question of voter registration and voter ID when he gave evidence to the Select Committee. It was an incredibly powerful submission then and it was last week in his contribution here. He was essentially talking about alienation from society in a much broader sense, and I recognise that. I live in the ward which I think has the largest proportion of voters of west African origin of any ward in the country—Camberwell Green. In Camberwell Green, if you want to collect a package from the Post Office—and I did last week—you are required to produce one of six items of ID, four of which are photo ID, two of which are not and one of those I do not think anybody would use in this day and age. In terms of general—
Baroness Bennett of Manor Castle (GP)
My Lords, I thank the noble Lord for giving way. He spoke about the alienation of voters and earlier he spoke about the validity of the process. Does he agree that concern about that validity of the process surely reflects the fact that people look at the composition of the other place—or, indeed, this place—and feel like it does not represent them? They maybe even know that 44% of votes went to the Tories and they got 100% of the power in the other place. People’s deep feeling of alienation and lack of validity does not relate to voter ID; it is much more deep-seated.
Lord Hayward (Con)
I agree with the noble Baroness, but I am not sure that it is specifically or solely related to this particular Bill. There are much broader issues on paths down which I will not go at this stage. I see it on a daily basis. I see it from where I came this afternoon to be in this Chamber.
There have been references to the question of personation and the quantities of that. The police have not pursued personation in some cases. I refer here to Richard Mawrey QC’s judgment in the petitions in relation to Tower Hamlets. He refers to a former Labour councillor, Mr Kabir Ahmed, and I quote from paragraph 326 in his report:
“Applying the statutory test of residence set out above, I am quite satisfied that 326a Bethnal Green Road was not such a ‘residence’ as would entitle Mr Ahmed to be registered to vote from that address”.
That is part of the judgment of an elections court. The police did not pursue it. I am not arguing that there are large numbers of cases, but there are far more cases than are being cited. The police, for a number of different reasons, do not pursue them.
Equally, as I cited in passing at Second Reading, the Electoral Commission makes it difficult to access electoral rolls. If you are going to be able to produce proof of false registration—that is, personation—you have to refer to past electoral rolls. However, the Electoral Commission has quite specifically said that EROs
“should not provide access to any register other than the current register”,
so that makes it very difficult indeed for people to prove personation.
Lord Hayward (Con)
I appreciate that correction from the noble Baroness, Lady Hayman.
But the concentration has been on the problems associated with certain social groups. It was said earlier that it is not necessarily the case that certain groups can or cannot participate in one form or another. The Liberal Democrats will point out that this is a failing of our first-past-the-post system, but selection meetings held by political parties in many constituencies are, in effect, choosing the Member of Parliament. For the selection of the Labour Party candidate for Poplar and Limehouse at the last election, the note that Apsana Begum sent to party members said, “Bring photo ID”. That is a specific instruction. It goes on to say,
“Bring your membership card or another proof of address”—
in other words, at her selection, you had to produce two forms of ID: one photo ID and one proof of address.
You can go on the web for other examples. One of the most racially diverse constituencies in the country—the reason that the noble Lord, Lord Collins, may be aware of this is that it is right next door to his borough—is Tottenham. Again, I quote from the web: for the Haringey shortlisting and selection meetings in 2018, people were told,
“You need to bring ID”.
They were told to bring proof of address—a utility bill or council tax bill—and named photo ID. The types of accepted photo ID were identified as a passport, driver’s licence, et cetera. I willingly give way to the noble Baroness.
Baroness Chakrabarti (Lab)
I am grateful to the noble Lord for giving way again. I understand where he is going: he is drawing analogies with a number of other situations in our country where photo ID is being required, either in law or in practice. Earlier, before everyone started intervening on him and he very graciously gave way, he gave the example of having to prove that you are the person associated with a package when you go to collect it at the Post Office. I could go further and say that if I am going to take money out of a hole in the wall, I will be required to demonstrate that it is me who is entitled to access that bank account, as otherwise someone else could steal my money. But he must surely understand the distinction between my right to specific property and millions of people’s right to go and vote. We could go back to a system where everyone just has some indelible ink put on their finger once they have voted. There is not the same degree of risk of theft and impersonation with universal suffrage as there is with people’s property—whether it is their cash property in the bank or whether it is with their pass.
On the Tower Hamlets example, I know that at one stage the Labour membership amounted to the biggest political membership in western Europe. I do not know the position at the moment, but the noble Lord would concede, would he not, that most people in the country are still not members of the Labour Party and, therefore, in a very contested and slightly toxic selection, people might get very anxious about whether people are actually members of the Labour Party. Therefore, it becomes much closer to the property example than to universal suffrage, does it not?
Lord Hayward (Con)
On the noble Baroness’s first intervention, I knew that people would raise objections. I was citing the Camberwell Post Office example as an indication of the fact that people now live with producing ID, including photo ID. She cannot get away from the fact that a series of selection meetings within the Labour Party, which will be choosing the councillors and the Members of Parliament, actually require not one but two forms of ID, one of which is photo ID. If it is so impossible to produce a photo ID to vote at a polling station, how come it is acceptable to require people to produce photo ID at a selection meeting of the Labour Party, which, in the case of Poplar and Limehouse, was almost certain to produce the new Member of Parliament for that constituency? Haringey Labour Party uses the phrase
“each of the wards at the selection which required photo ID will take place.”
I am quite willing to give the noble Baroness a copy of this, although she can go on the web, search “Haringey Labour Party” and she will find it.
The Lord Bishop of Leeds
What I am struggling to understand is this. There is a fundamental difference between belonging to an organisation—be it any political party—to which you opt to belong and for which you might be expected to provide ID, and being able to vote as a citizen of the country. Those are totally different things.
Lord Hayward (Con)
The right reverend Prelate identifies the difference, but I have drawn the parallel, and it is a parallel, between selecting an MP at a constituency meeting and selecting them at a polling station.
As far as the process is concerned, I conclude with a final question, which I put to the Labour Front Bench. I have quoted from documents regarding the requirement to produce photo ID to select an MP. I ask whichever of the noble Lord, Lord Collins, and the noble Baroness, Lady Hayman, replies to the debate to address this question. I have cited cases where people have been required to produce two forms of ID. Can the Labour Party please say whether, on occasion, at selection meetings they have actually required three forms of ID, two of which were photo and one was the address?
Lord Grocott (Lab)
Has the noble Lord finished? I am sure my noble friend will deal with his query, which has been dealt with thoroughly already. The Labour Party is a voluntary organisation which you can choose to be in or not, and if you choose to, you abide by the rules thereof—rules that are democratically determined within the party itself. It is totally different, as the right reverend Prelate pointed out, from a clear right to vote, which should apply to everyone, irrespective of the degree to which they wish to become involved in daily politics, which is of course a matter of choice.
I wanted to speak now because I did not quite understand what it was that the noble Lord, Lord Hayward, did not understand about my previous intervention on this subject. I shall not discuss any individual details, because we have sundry debates on those coming up. The silence of the Government Front Bench on two or three issues in the whole of this discussion seems to have permeated the Back Benches as well. One of the crucial questions for me is whether the Tory party, which is investing an awful lot of time and effort in the Bill—and money; £180 million at least and rising—is doing so on the basis that somehow, we should be disturbed by the result of the last general election, which, I sadly remind everyone, it won with an 80-seat majority.
The Government are saying—by their actions, if not by their words—that the election is a bit dubious, a bit dodgy. Every contribution from that side is more or less implying just that. If it is not dodgy at a global level—the 80-seat majority—it must surely be dodgy in respect of a number of individual constituencies. So, I would like to hear from the noble Lord, Lord Hayward, who is an expert on these things, which of the 650 constituencies he thinks should probably be declared invalid on the basis of serious doubts and misgivings about the authenticity of the voters in those constituencies?
Having fought numerous elections and, on one occasion, having won by 360-odd votes in an electorate of 90,000, I can only say to the noble Lord and to all those who say that people do not accept our election results because the system is first past the post, that no one in the ballots in individual constituencies argues for a moment with the idea that the person who was first past the post was the winner and should be declared the winner, even if it was by a short head. But the point I am making now is that no one contested that result. My opponent, to his credit, although he called for a couple of recounts, did not doubt the validity of the result any more than I did when, prior to that, I lost by rather more, it must be said—by 1,500. Likewise, I did not contest the result.
I really do want to know the answer to this, because we are in a very odd situation. You would think we would be on different sides of the argument. You would expect the Opposition to be saying that they were really worried about the last election result and that it looked very dodgy that the Tories got an 80-seat majority, with the Government saying that it was the finest election they have ever been privileged to take part in. But in this Alice in Wonderland world, it is the Government who are raising serious questions about the validity of the election result. So, I repeat that point, which is hanging in the air, and if the Minister would share with the House his deep anxieties about the last general election, I would like to hear them.
I would also like to hear from the Minister precisely what the Government’s estimate is of the effect on voter participation of the proposals in Part 1 of the Bill, which introduce a substantial new requirement for people to exercise their right to vote. This is the biggest change in the electoral requirements in my lifetime. I suppose the voting age has changed and there have been other changes of that sort, but this is a substantial one that says to electors that what they have done in the past is not good enough and there are too many risks associated with it, so they must jump over these additional hurdles.
Our contention—I say ours, but I think it is a pretty broad contention—is that the one thing you can be sure of is that introducing a brand-new requirement such as this will have a completely neutral effect on election turnout, which, I remind the House, has been going down rather badly, certainly since I first started fighting elections. I looked up the figures for a few—1970 was the first one I fought. In February 1974, the turnout was 79% and for the last five or six elections, it has been down in the 60s. That is bad news for anyone who cares about democracy. I was proud of the fact that we used to beat lots of other countries substantially on turnout at major elections. That is no longer the case. It is not credible to say that this big change in voting requirements for voters will have no impact whatsoever on turnout. I will give the Minister three options: is he saying it will have no impact whatsoever; that it risks reducing turnout; or that it is going to increase turnout? That would be an interesting intellectual case to develop.
Baroness Lister of Burtersett (Lab)
My noble friend might be interested to know that at the end of the last day in Committee the noble Lord, Lord Scriven, pointed out that no analysis of turnout has been done. Indeed, the noble Baroness the Minister said:
“I can confirm that we have not done that impact analysis. The important impact will be after.”—[Official Report, 17/3/22; col. 568.]
So I am afraid my noble friend will not get an answer to his question, because they have not done the research.
Lord Grocott (Lab)
Well, I do not suppose that surprises me. I bet one bit of research they have done and been careful to check on—I cannot be as generous as the noble Baroness, Lady Fox, on this—is whether this change will have a serious adverse effect on the number of Conservatives voting at the next election.
We know roughly the demography that is most likely to be affected—and, by the way, it is not being patronising to people on low incomes to say that we know as a matter of fact that, in general terms, the wealthier the area, the higher the turnout. That is not because people in lower-income areas do not understand what is involved. There can be all sorts of practical reasons. If you live in rented accommodation, you may not get your poll card as easily. I know you do not have to have a poll card to vote—you will need a lot more in future—but, if people do not have photo identification, clearly they are more likely to miss out on voting at subsequent elections. If, in proposing this change to the requirements on voters, the noble Lord, Lord True—a lifelong Conservative, as I am lifelong Labour—had found in his research that it was going to really cost his party something, I very much doubt he would be bringing it forward, let alone bringing it forward with such enthusiasm.
Lord Adonis (Lab)
I am grateful to my noble friend for giving way. What he and the Committee are addressing are the potentially very serious but unknown and unquantified ill effects of this reform. Normally when a measure which could have an enormously detrimental social impact of this kind is proposed in these circumstances, the proposal is to pilot it. My noble friend will remember, because we were both in government at the time, that, when this House wrecked the ID card Bill, it did so led by Lord Armstrong of Ilminster, a former Cabinet Secretary, on the grounds that, if such a major piece of legislation was being proposed, even though it was in the Labour Party manifesto, it should be piloted. It was on that basis that we lost a large part of the legislation. Does my noble friend not think that it is highly appropriate and indeed necessary that a change of this magnitude should be piloted to see what the effects are before it becomes the universal law of the land?
Lord Grocott (Lab)
I absolutely agree. I would add only one point to my noble friend’s observations. If we regard the Joseph Rowntree Charitable Trust as a reputable research body, it is saying that something like 1.7 million people are without voter ID—I do not have the notes here, but it is a very substantial figure—and they are overwhelmingly people on lower incomes. So there is a lot that we do know, but it would certainly be a lot better to have a pilot study before this kind of change was introduced.
Baroness Scott of Bybrook (Con)
Before my noble friend Lord Hayward sat down, the noble Lord, Lord Sikka, rose to intervene. Perhaps we could allow the noble Lord’s intervention.
Lord Sikka (Lab)
Thank you very much. I certainly have not come across any evidence to suggest that ID cards are an answer to the problem of voter fraud. I would like to broaden the debate a little and think about the consequences. I grew up in east London, where it was not unusual for people of certain backgrounds to be stopped in the street by the police and asked to show ID, when you are not required to carry any ID. What would happen in this brave new world when the police stopped people and said, “By the way, you now have an official ID. Have you not got it? Can you not bring it from home and report to the police station?” What would be the consequences for the young people who are unwilling or unable to produce those officially sanctioned ID cards? Would that drive a wedge between the police and the community? Would that criminalise people? Would that fuel more dissatisfaction with our parliamentary system? Would that fuel social instability? I would like to hear from the Minister where this ID concern will stop. What would be the broader social consequences? It seems to me that we would be opening up American-type social problems. They would be imported here, because people simply do not have or cannot produce officially sanctioned ID cards.
It is minorities who will be targeted. It is well known and well documented that the police target minorities. They would have a new authority to wield to criminalise minorities. I would love to hear the Minister’s views on that.
Baroness Noakes (Con)
My Lords, voter ID is not something dreamed up by the Government with the express intention of suppressing voter turnout, as various noble Lords have come perilously close to suggesting in both today’s debate and our debates last week. I am sure that, as parliamentarians, we all share a belief in the centrality of elections to our democracy and a desire to achieve the highest standards of integrity and participation. I believe that it would be a unworthy slur to suggest that my party believes anything else. The plain fact is that the Electoral Commission has recommended voter ID, as have international election observers. Most European countries require it; Northern Ireland has had it for nearly 40 years.
Lord Scriven (LD)
Can the noble Baroness explain where the Electoral Commission by itself said that voter ID was required? Or was it responding to options that were put before it in terms of what it saw as the best form of voter ID? Does the noble Baroness have the evidence to say that the Electoral Commission has said of its own volition that voter ID is required?
Baroness Noakes (Con)
I am sorry that I do not have chapter and verse with me, but the Electoral Commission has called for voter ID since 2014. As I said, Northern Ireland has used it for nearly 40 years.
I find it quite extraordinary that polling station procedures in Great Britain are virtually the same today as they were when I started voting 50 years ago. It is quite remarkable.
Lord Adonis (Lab)
If the system works well, why change it? I thought it was a good Conservative principle that, when it is not necessary to change, it is necessary not to change.
Baroness Noakes (Con)
The world has changed very considerably in the past half a century.
Baroness Bennett of Manor Castle (GP)
Would the noble Baroness concede that this House and the other place have changed very little in the 100 years since women got the vote in the way we operate at Westminster?
Baroness Noakes (Con)
That is an entirely irrelevant observation, if I may say so.
I have heard many noble Lords say that this is a solution to a problem that does not exist, but I believe that that is looking at this through the wrong end of the telescope. I invite noble Lords to read my noble friend Lord Pickles’s report on election fraud, which was published after the disgraceful events at Tower Hamlets. He found that there were risks of electoral fraud in our current system. The fact that relatively few people have been convicted of election fraud is not the point. It is clear that there are real risks; we owe it to the electorate to minimise those risks.
I am astonished that noble Lords can oppose the simple concept of voter ID. As my noble friend Lord Hayward said, voter ID is required if you go to a Royal Mail depot, or indeed the Post Office, to collect a parcel. Let me give a more mundane example: last Friday, I collected a birthday cake from a supermarket and was required to show some ID. It is just part of the way we carry on our lives now. We require ID for all kinds of things. From my perspective, requiring voter ID is a reform that is long overdue.
It is also obvious that, if you go down the route of voter ID, the most secure way of proving identity is photo ID. That is why the Labour Party has required it at some of its conferences—unless the noble Lord, Lord Collins of Highbury, is going to countermand that, that is what I believe to be the case. If we go to a meeting at the MoD or the Bank of England, we have to show photo ID, because it is part of the way we live our lives now.
Baroness Chakrabarti (Lab)
I am grateful to the noble Baroness for giving way, because it is worth addressing this point. It came up earlier with her noble friend Lord Hayward, who said to me, “You collect your parcel”, et cetera, and I suddenly looked down and saw myself, of course, wearing a badge around my neck, as I and most noble Lords do. I notice that my noble and rebellious friend Lord Grocott is currently not wearing his, but that is presumably for the TV cameras, and he will put it on later. Are noble Lords suggesting that, by complying with sensible security practices within this Palace and wearing this thing around my neck as I walk around every day, I am conceding that I should be prepared to wear such a thing on the street and in my life for other purposes?
Surely that concession is not made, because we are not comparing like with like. If anything, when I leave the Estate, if I still have this badge around my neck, a police officer will say to me, “Please take that off”, because it is not appropriate. Something that is of security value in here becomes a security risk out there. We are, therefore, not necessarily comparing like with like. The most sensitive and valuable ID that I possess is probably the card that gives me access to taking cash out of the wall, and it has no photographic evidence on it whatever. These are different purposes, different levels of risk and different levels of ID or not. Is that not the case?
Baroness Noakes (Con)
My Lords, the noble Baroness says we are not comparing like with like, and I completely agree. I drew no parallels with the wearing of identity badges in this building or, indeed, many other buildings; many corporate organisations require this for their own internal security purposes. That is completely different from engaging in certain acts, whether it be going into certain buildings as an outsider or carrying out daily tasks such as collecting parcels. I am suggesting that it is perfectly ordinary to propose using it when going to election polling stations to cast one’s vote.
Northern Ireland has used photo ID for more than 20 years with no problems. Indeed, Northern Ireland electors are happier with their elections than the rest of the UK. To the noble Baroness, Lady Chakrabarti, I say that there has been no harm done in using voter ID in photo form in Northern Ireland at all—no recorded harm whatever. The issue that we should focus on is how to facilitate voting by those who do not already possess the kinds of photo ID that are allowed for in the Bill. The Government’s latest estimate—there are higher estimates from earlier studies—is that this applies to 2% of the population. That is roughly a million electors, which is a lot of people, but the Government have already successfully piloted a scheme of voter cards.
There is no evidence from the pilots of an impact on different communities, although there has been a lot of speculation throughout today and our previous Committee days on which particular groups will be affected. I am sure that there will be local issues in local areas, which is why—
Lord Scriven (LD)
The Electoral Commission’s analysis of the 2019 pilots showed that people in the compulsory voter ID pilot, after the ballot, had a 69% satisfaction rate with the poll, compared to 77% of those outside the photo ID pilot. Why, if it did not cause a problem, does the noble Baroness think that satisfaction was less in the pilot area than in the non-pilot areas?
Baroness Noakes (Con)
I cannot answer that question, but the purpose of pilots is to find out what practical problems there are with major policies, and it was good practice on the Government’s part to have various different pilots to find out the sorts of issues that might arise.
Lord Scriven (LD)
But if the basis of this, as the Government keep saying, is to increase the public’s satisfaction and the ballot integrity, why is it that 69% versus 77% think that that did not happen?
Baroness Noakes (Con)
I do not think the only metric is how satisfied people were. The most important thing is how comfortable people are with the integrity of the voting system. Just being satisfied with the first rollout of something is not going to give you the final answer. It is right to let local authorities, who know about their local electorates, work out how to reach these hard-to-reach communities. It is right to enlist civil society groups to do the same, as well as political parties, which should know their local areas and know how best to do it.
We know there will be some teething problems, and some voters may not bring the right voter ID with them the first time they come. But according to both the Electoral Commission and the Association of Electoral Administrators, this happened to a very small degree during the pilots. As I said earlier, pilots are there to find problems so that they can be overcome. I hope that noble Lords will stand back and look at these reforms—
Baroness Noakes (Con)
I am just about to finish, if the noble Baroness does not mind. I hope that noble Lords will stand back and look at these reforms through 21st-century eyes and see them as sensible and proportionate, and as a reflection of how we live our lives on a daily basis.
Baroness Lister of Burtersett (Lab)
My Lords, I shall speak in support of these clauses not standing part of the Bill. I do so primarily for the reasons we debated on Thursday, and I will not go over all those again in terms of the differential impact on marginalised groups. In particular, I spoke about people in poverty, and about Gypsy, Roma and Traveller communities. I say to the noble Baroness, Lady Fox of Buckley, that this is not about those groups not understanding paperwork and so forth. As my noble friend said, there are all sorts of reasons why marginalised groups may find it harder to vote. If the noble Baroness reads that debate she will see that the very work that goes into getting by in poverty can itself act as a barrier to sorting out alternative ID cards.
We have talked a lot about trust. One of the Government’s arguments—it has been put today—is that the measure is essential to increase trust in the electoral system. However, the Electoral Commission public opinion tracker found that when asked what would increase voter satisfaction, twice as many people replied proportional representation—which we shall discuss on Wednesday—as said increased security against fraud. Worse—here I do agree with the noble Baroness, Lady Fox of Buckley—there is a real danger that the Government themselves are eroding trust by suggesting that fraud is a problem that could be addressed by these provisions. The more it is said that there is a problem of fraud, the more the general electorate are likely to think that there is a problem of fraud. The Public Administration and Constitutional Affairs Committee warns that this could damage trust between the individual and the state. It was also pretty scathing about the quality of the evidence put forward to justify the move, saying that it was “simply not good enough”.
Various concerns have been raised about the evidence provided by the pilots that the noble Baroness, Lady Noakes, talked about—such as, in particular, that none was carried out in a large urban metropolis, and that we know nothing about the people who were turned away because they lacked the requisite identification and did not return. Nobody bothered to find out what happened to them.
As we heard on Thursday—there has been mention of this today too—one line of defence is that voter ID is used in most EU countries. When it was pointed out that some form of general ID is mandatory in most of those countries, the Minister said that this was neither here nor there. Actually, it is very much here and there. Whatever people think about it, if they have to carry ID around with them anyway, there is no great difficulty in taking it to the polling station. If people are not carrying it around with them anyway, that is a lot more difficult.
Both the Public Administration and Constitutional Affairs Committee and the Joint Committee on Human Rights have raised questions about the Government’s claim that the measures are proportionate—a test they need to meet to comply with the European Convention on Human Rights. On the one hand, as we have heard, there is very little evidence of fraud—even allowing for the fact that it is difficult to produce such evidence. On the other hand, there is pretty overwhelming evidence that the measures are likely to have a disproportionate impact on marginalised voters and potential voters. But of course we do not know—because, as I have said, the Government have not done the research. Far from being essential to the protection of our democracy, as the Minister in the Commons claimed, these provisions are a threat to inclusive democracy and citizenship.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister of Burtersett. I agree with everything she said.
I offer Green support for Clause 1 not standing part. We would have attached a signature to the opposition to the clause had there been space. I am well aware that we have already had a very long debate, so I will make three key points that have not quite been made elsewhere, and echo the point made by the noble Lord, Lord Wallace, in introducing the group, on the power of the speech of the noble Lord, Lord Woolley, last week. Anyone who wants to see it will find it on my Twitter account, handily captioned and shared. I urge people to share it because it deserves a wide audience.
The first of my three points builds on the point from the noble Baroness, Lady Fox, who suggested that people were saying there might be a sinister plot with the Republicans. There does not have to be a sinister plot for people to copy what they see happen in other parts of the world. Indeed, the inspiration for voter ID, which I believe is voter suppression, comes from the other side of the pond. I quote the American Civil Liberties Union, because if that is where the inspiration comes from it is instructive to see the context:
“Voting should be as easy and accessible as possible … But … more than 400 anti-voter bills have been introduced in 48 states … The result is a severely compromised democracy that doesn’t reflect the will of the people. Our democracy works best when all eligible voters can participate and have their voices heard.”
That is a message from America, but it is one we should also listen to here.
Lord Hodgson of Astley Abbotts (Con)
Does the noble Baroness not understand that voting systems in the US are a state matter? The problem is not what she says it is; it is that every state has a different methodology. That is what leads to confusion and difficulties, particularly in some states which adopt particularly regressive and repressive measures. The point she is making about photo ID is nothing to do with that.
Baroness Bennett of Manor Castle (GP)
I disagree with the noble Lord, in the sense that I am talking about the rhetoric, and the context and reason for this, whether it is happening on a state-by-state basis or nationally. What is behind it is in my second quote, from Max Feldman at the Brennan Center for Justice, who says that
“claims of widespread fraud are nothing more than old wine in new bottles. President Trump and his allies have long claimed, without evidence, that different aspects of our elections are infected with voter fraud. Before mail voting, they pushed similar false narratives about noncitizen voting, voter impersonation, and double voting”.
To pick up the noble Lord’s point about people’s concerns about the voting system, these days we see a great deal of sharing and cross-fertilisation of concerns on social media. Rhetoric spread by powerful, well-funded forces will have an impact on people’s views, as we have seen in other contexts.
The noble Baroness, Lady Noakes, suggested that people were coming perilously close to suggesting that the purpose behind voter ID was voter suppression. I am not going to come “perilously close” to it; I believe that that is the case.
The second point I want to make concerns history. I do not believe that we are guaranteed to gradually progress positively into the future, but look at the trends. In 1832 and 1867, the Great Reform Acts spread the right to vote among men. In 1918 and 1928, women got the right to vote. In 1969, and implemented in 1970, the voting age was reduced from 21 to 18. That is all heading in the direction of greater engagement. In Oral Questions earlier we saw some fairly severe attacks on democracy and devolution in the UK, but Scotland and Wales have gone further down this road, with votes at 16. Democracy has been on a long-term trend of engaging more people. We have to ask why we are suddenly heading in the opposite direction with voter ID.
My final point is a practical one. Most of this discussion has focused on the estimated 2 million people who do not have any ID. I do not think we have talked enough about the people who do not have ID on them at the point where they go to vote. As the noble Baroness, Lady Lister, pointed out, none of the pilots was in a large urban area.
I was in a large urban area—Sheffield—telling on a polling station in one of the years when the pilots were being conducted. I saw a large number of people who had seen the reports and thought that they had to have ID.
Lord Hayward (Con)
The noble Baroness is citing where the pilots took place. Earlier on, the noble Lord, Lord Adonis, did not seem to be aware that pilots had taken place. Was it not the case that a number of local councils refused to participate in the pilots? It is not that those places were chosen by the Government; it is that those were the places which were allowed to participate by the local authorities.
Baroness Bennett of Manor Castle (GP)
I respectfully respond to the noble Lord that, whether it was the choice of the local authorities or not, it harms the quality of the evidence before us.
Lord Adonis (Lab)
If I may intervene, I knew where the pilots had taken place, but they were not nearly proportionate to the scale of the reforms being introduced. We do not know anything about their likely impact on voter turnout or the administrative issues that will be raised by the nationwide introduction of this reform. The very small, selective pilots were not even in representative areas. The issue of piloting is still very much there. If this is to be a nationwide reform—we are talking about parliamentary elections—this should be piloted in many constituencies before we move in this direction.
Lord Scriven (LD)
Is it not the case that this has not been piloted before a general election? The Electoral Commission specifically says that there should be a pilot before it is ruled out for a general election.
Lord Adonis (Lab)
That is a fundamental point. They were piloted in local elections. The scale of the pilots has not been nearly proportionate to the scale of the proposed reform.
Baroness Bennett of Manor Castle (GP)
I thank both noble Lords, who have contributed greatly to my argument.
I come back to the question of people who own voter ID but do not happen to have it on them and to the experience of Sheffield on this particular occasion. One of the people I spoke to was a man who came speed-walking up to me, puffing slightly, and said: “Huh, do I have to have voter ID?” I said, “No, it is all right; you do not need it here.” He said, “Okay”, and dashed into the polling station.
What if I had had to say yes to that man? He was obviously having a very busy day, as many of us do—some people have to maintain two or three jobs to put food on the table and keep a roof over their head, and some people have caring responsibilities. Voting is on a Thursday, which is a working day for very many people. All these are reasons why voting can be difficult to access. Maybe a little window has opened up in your day—say you are a care worker who moves between different houses, and suddenly you have an opportunity to go past the polling station but you do not have your passport on you. Say you are a student, not living at home; perhaps you have left your passport with your parents for safekeeping because you do not travel overseas very often. You go to vote where your student residence is. Did you remember from when you heard two months ago that an election was coming? Maybe you did not even know that an election was coming, and two months ago you left your passport at home.
We have not looked enough at the facts. It is not just about people who do not own this ID. People do not have to. The noble Baroness, Lady Lister, made a very powerful point that the European case studies do not match up. If you live in a country where a police officer or other official can stop you at any time and ask where your ID is, you will always have your ID on you. That is not the case in the UK.
My concluding point covers this group of amendments and many others. A lot of this Bill and the direction of the Government suggests that we have a problem with voters in the UK. I do not think we have any problem with the voters; we have huge problems with our failed political system.
Lord Scriven (LD)
My Lords, at Second Reading, my noble friend Lord Rennard, who unfortunately cannot be here today, drew attention to the Government’s negligence in trying to assess the scale of the problem that they say they seek to address. He pointed out that anyone attending a polling station who finds that their vote may have been claimed by someone else is issued with a replacement, known as a tendered ballot paper. He has been pressing the Government for some years to collate and publish the information about how many of these ballot papers are issued, and tried again recently with a Written Question.
Unfortunately, the Government would not answer, even though they know the figures. Fortunately, the independent Electoral Commission publishes them. There are several reasons why such tendered ballot papers might be issued, apart from someone impersonating a voter. The most common reason is probably a clerical error in the polling station when the wrong name is crossed off by mistake. At the last general election, 32,014,110 ballot papers were issued across the UK in 38,812 polling stations. The total number of tendered ballot papers was just 1,341. That is 0.004% of the total number of ballot papers issued—just two tendered ballot papers for each of the 650 constituencies, or one for every 30 polling stations. Most are probably issued because of clerical error or for reasons other than personation.
Clause 1 is all about a supposed solution to a problem that simply does not exist, or that the Government have been unable to show exists. At Second Reading, the Minister clearly stated that this was not about the precautionary principle to prevent voting error. I asked the Minister to reiterate: is this not the precautionary principle? If not, where is the evidence that the problem is so big that the clause’s provision is proportionate to deal with the problem?
I have also looked back at the opening remarks of the noble Lord, Lord True, at Second Reading. He said:
“Voter ID is used across the world, including in most European countries and in Canada.”—[Official Report, 23/2/22; col. 2228.]
He did not say that those European countries had compulsory national ID cards, meaning that no additional ID is required other than that which citizens have to carry as part of being citizens of those countries. We do not have such national ID cards and the Government are opposed to them. In Canada, a photo ID card is issued to Canadians who do not have a driving licence, thereby serving as a national ID card, and in Canada you do not need that ID to vote if you do not have it to hand, provided someone with such ID is also present at the polling station and vouches for you.
The Government have pointed to Northern Ireland, which requires voter ID, although it has a significantly different political culture that made that necessary. Northern Ireland introduced mandatory ID in 1985 in response to what happened in the 1983 general election. Nearly 1,000 people arrived at polling stations there only to be told that a vote had already been cast in their name. Police made 149 arrests for personation, resulting in 104 prosecutions. In contrast, in Great Britain, in two national elections in 2019, there was only one conviction for personation and one caution, both of which related to the European Parliament election of that year.
It should also be noted that Northern Ireland did not move immediately to require photographic ID. Elections took place there for almost 20 years with a less stringent ID requirement. The first election there to require voter ID was the 2003 Northern Ireland Assembly election. Estimates have shown that about 25,000 voters did not vote because they did not have the required ID. That is more than 1,000 per constituency. Furthermore, almost 3,500 people, 2.3% of the electorate, were initially turned away for not presenting the required ID. It took more than 12 years—I repeat, 12 years—for turnouts to return to previous levels; other factors were, of course, involved relating to political controversy in Northern Ireland.
We have very limited information about the effects of introducing any form of voter ID from pilots in just 15 out of over 400 local council elections in England, but all the information suggests that many more legitimate voters were unable to cast votes than there were people who needed replacement ballot papers. Extrapolating from these 15 pilots to around 450 local authorities suggests that perhaps 30,000 legitimate voters could have been turned away from polling stations, to say nothing of the number of people who did not attempt to vote because of the requirements.
The proposals in Part 1 of the Bill are in response to one conviction and one caution in 2019, with hardly anyone finding that their vote could have been stolen and, in any event, all were compensated with a replacement ballot paper. After the voter ID pilots, the independent Electoral Commission said that more work was needed to make sure that an identification requirement did not stop people who are eligible and want to vote in future elections. That is why Clause 1 should not stand part of this Bill.
Lord Adonis (Lab)
My Lords, the speech that we have just heard from the noble Lord was utterly compelling. Indeed, he gave the House a detail that I was not aware of about the impacts of compulsory voter ID in Northern Ireland; I do not think that the House was aware either. In the case of Northern Ireland—I remember the discussions that took place in government at the time—the evidence of voter personation was at a level completely out of proportion to what we are dealing with here in the case of elections in Great Britain. But if, as the noble Lord says, it took 10 years to get voter participation up—
Lord Adonis (Lab)
That should be a matter of huge concern. In an extraordinarily un-Conservative statement earlier, the noble Baroness said that voting in the way that we used to vote 50 years ago is somehow bad and means that we are not keeping up with modern times. If we applied that principle to every other aspect of life that works well we would be seeking to change everything for the sake of it—something I imagined she thought this side of the House was seeking to do.
A combination of those two great Gladstonian reforms, the Ballot Act 1872 and the Corrupt and Illegal Practices Act 1883, has maintained a level of integrity in the conduct of elections in this country that most of the rest of the world finds awe-inspiring. The idea that people look at the United Kingdom and say that, among all the democracies—let alone other regimes—there is great doubt about the integrity of our election outcomes and people are constantly concerned that ballots might be being stuffed and all that, is so far removed from reality that it is obviously a farcical proposition.
Lord Hayward (Con)
I am sorry to intervene again but is the noble Lord aware of the report of foreign observers who watched the elections in Tower Hamlets? He seems to display complete ignorance of what overseas observers said about what they saw going on in Tower Hamlets.
Lord Adonis (Lab)
The big issue in Tower Hamlets, which the noble Lord referred to earlier, was electoral registration. What happened there was clearly improper registration. If the issue of registration had been dealt with, these further issues would not have arisen. This is not just an issue of principle, though many issues of principle have been raised. Rather like the Blair Government’s move to introduce ID cards, I suspect this will become a matter between the two Houses. The fact that photo ID was not in the Conservative Party manifesto will be significant; I do not think the Salisbury convention will cover the reform as proposed in this Bill. On matters of deep constitutional import such as this, how far we can press our concerns is always a fine judgment for this House. We have these debates and send amendments to the other place, and then they come back.
If this Bill gets through in this Session, the issue of compulsory photo ID might be one where we insist on our amendments, particularly in the context which the noble Lord, Lord Scriven, referred to, about how at constituency level and on a substantial scale there have been no pilots.
I have two other points, since I want to add to the debate rather than to repeat other points. This Bill is one of the most substantial that I have addressed in my entire time in Parliament, with 171 pages, 22 of which are Schedule 1, which governs the arrangements for the introduction of photo ID. Most of the legislation that this House passes is shorter than Schedule 1 of this Bill, which introduces some element of these requirements. There are 22 pages of very dense and complicated legal reforms, and I pity the electoral registration officers who will be implementing them—there will be a host of problems over the implementation. Yet despite it being 22 pages long, huge issues are not even properly addressed in Schedule 1. We are being asked to give Henry VIII powers to the Government to produce further changes in due course. Paragraph (2)(4)(a) of Schedule 1, on page 66, says that regulations may make provision about
“the timing of an application for an electoral identity document”
and
“about the issuing or collection of an electoral identity document.”
These are fundamental issues, and they are not even on the face of the Bill. They will all be subject to regulations in due course which this House, in practice, does not have the capacity to influence or to reject.
On a fundamental and crucial issue which I hope that the Minister can help me with, is there now effectively to be one point of electoral registration or two—the first when you apply to go on the electoral register and the second when you apply for your photo ID? I see that my noble friend Lady Hayman of Ullock has tabled amendments on this precise point, which is of huge importance and has not been addressed in the debate at all so far, of whether there should be provision for you to apply for the photo ID when you complete your electoral registration form. The Minister may have addressed this point in earlier debates, but I could not see it in Hansard. This fundamental issue may be worse than just ambiguous. I look forward to the Minister explaining this, but my reading of paragraph 2 of Schedule 1 is that you cannot apply for the two at the same time.
New Section 13BD in Schedule 1, which amends the Representation of the People Act 1983 by inserting these new provisions, says:
“An application for an electoral identity document may be made by (a) a person who is or has applied to be registered in a register of parliamentary electors”,
It does not say “is applying”. There is a fundamental difference between the two. Can the Minister help the Committee on this, since we are discussing the clause at large and it will pave the way for my noble friend Lady Hayman’s amendment in due course?
Is it the case from my reading of the schedule—I am a non-lawyer—that you cannot apply for both at the same time and therefore that it would not be legal for electoral registration officers to send one form enabling you to fill in your name and details on the register of electors and to make your application for a photographic identity document, but you must do them separately? I may be wrong, in which case I am very happy for the Minister to intervene, but if I am correct, it is a fundamental massive additional issue with this Bill. It effectively doubles the electoral registration requirements. Whereas until now it has been the accepted practice that you register once, you will now have to register twice. My noble friend Lady Lister said that in continental countries, ID cards are the norm, but, of course, there you have them by the time you register to be a voter, and do not have to go through any separate process, nor must you turn up with a separate identity card in due course.
Lord Collins of Highbury (Lab)
My Lords, I intend to be brief, because I do not want to repeat all the excellent arguments that have been made. I think the important part of this debate is the issue of proportionality. Of course, as we have heard elsewhere in the Bill, it is incredibly disappointing that the key problems our electoral system faces—underrepresentation, low turnout, lack of registration—are not addressed, as referred to by my noble friend Lord Woolley. Also, I am going to keep to my record in referring to the noble Lord, Lord Hodgson, because this House’s Select Committee report on civic engagement showed that it is really important to address this issue in terms of education—better understanding our responsibilities and the role of the citizen.
Lord Hodgson of Astley Abbotts (Con)
I thank the noble Lord for giving way. Yes, the report of the committee that I chaired said that we needed a statutory ability to learn about citizenship throughout primary and secondary education—but nowhere did we talk about voter ID or the methodologies by which people would be identified for voting. So, with great respect, would the noble Lord please not pray me in aid for that particular?
Lord Collins of Highbury (Lab)
I hear what the noble Lord says, but it will not stop me—because in the argument about proportionality the question is, “What is the most important problem that we seek to address?” At the end of the day, we are focusing on this issue of voter ID to address a concern over fraud. As we have heard from the debate, it is not the evidence of fraud that we should be concerned about but the concern about concern, which actually undermines the argument completely.
I come back to the point made by the noble Lord, Lord Woolley. What evidence do we have? Of course, we have heard about the pilot schemes in the local elections of 2019. What the noble Lord highlighted well was that the Electoral Commission noted that between 3% and 7% of those who engaged in the election were turned away because they did not have the right form of voter ID, including non-photographic ID. As the noble Lord said, those small pilot schemes were not reflective of a general election. If you extrapolate that to a general election, the Electoral Commission and others have suggested that between 50,000 and 400,000 people could show up at a general election and then be turned away. What is that going to do to confidence in our electoral system? Not much, I would suggest. It is pretty appalling that we are focusing on that issue, when there is a desperate need to focus, as the noble Lord, Lord Hodgson, said, on civic engagement, how to encourage young people to participate and to register, and how to get that understanding of the need to vote.
I was sorely tempted to intervene on the noble Lord, Lord Hayward. Of course, I am fully aware of the rights and responsibilities of membership organisations, having had the responsibility of ensuring that the rules of the Labour Party were properly upheld. But that is not the same as what the right reverend Prelate was talking about: the universal right to vote. I have to pay for my Labour Party membership, and I have responsibilities to abide by its rules. That includes a whole host of requirements that the noble Lord has not mentioned—but what has that got to do with the universal right to vote? Not much, I beg to argue.
It has to come back to this whole point about what problem it is that we are seeking to address. It is a very, very small issue that we seek to address here, and we are taking a sledgehammer to crack a nut. I support all noble Lords who seek for this clause not to stand part.
The Minister of State, Cabinet Office (Lord True) (Con)
Well, my Lords, I thank all those who have taken part in what has been quite a lengthy debate—but why not? It is an important issue.
I will try to answer the various points which have been made. The proposition in Clause 1, which is before us, is part of a whole series of measures which this Government are putting in the Bill to strengthen the security and integrity of elections. These include matters we are coming on to in relation to postal votes, the handling of postal votes and so on. There is a consistent overall desire in the Government to ensure that votes are cast, and cast with integrity. I submit to the Committee that there is no distinction—no “one or the other”—between wanting more people to vote and trying to secure the integrity of the vote. This is a false antithesis that has run through the debate. All of us should want to do both things: to ensure that all votes are honest and honestly handled, and that as many people vote as possible. We are able to do both; it is not one or the other.
Last week, on the first technical amendment in what was a lengthy series of amendments relating to voter identification, we had a wide-ranging clause stand part-style debate on many aspects of Clause 1, and on the assessments done on costs for voter identification and its potential impacts. I acknowledge that, as has happened again today, the Benches opposite have made it abundantly clear that they do not support this policy—or Clause 1 or Schedule 1 of the Bill. The Government disagree. In our submission, this policy is necessary and proportionate. It also implements the Government’s manifesto commitment to voter identification to protect the security and integrity of our ballot, so that our elections will remain secure well into the future.
The idea floated by some, including the noble Lord, Lord Adonis, that this was not a manifesto commitment because the word “photo” was not in the manifesto, is wide of the mark. As I said in our last session, the Government clearly declared their policy in the Queen’s Speech in October 2019, set out in detail in the briefing what that would mean, and referenced that in the manifesto. Manifestos briefly often reference established policy. Indeed, there was much debate at the time about the proposition that the Government had put on the table, including the photographic aspect.
I must tell the House that the Government regard this proposal as fully covered by the conventions of your Lordships’ House on manifesto commitments—as they would apply under the Government of any party. The process for voting in polling stations—
Baroness Lister of Burtersett (Lab)
I am sorry, but can the Minister clarify why the Government chose not to put the word “photo” into the manifesto? No one is disputing that there was a manifesto commitment; what we are disputing is whether that commitment was for photo ID.
Lord True (Con)
The Government had an established and declared policy on voter identification which was referenced in the manifesto. Not every aspect of every policy goes into a manifesto. We do not normally put 177 pages—or whatever it was that the noble Lord, Lord Adonis, mentioned—into a manifesto. However, the specific details—not only the photo identification, but also the fact that we would offer, as part of this, a free card to anyone who is not covered by any of the aspects of the policy—were declared public policy. That, too, remains the Government’s policy.
My noble friend Lady Noakes said that the process for voting in polling stations in Great Britain has seen no significant changes in its security since the Ballot Act 1872. The noble Lord, Lord Adonis, mentioned another Gladstonian reform. None the less, the system used in the Victorian era, in a confined franchise in smaller communities, is in our submission simply not fit for the 21st century. There are undeniable vulnerabilities in our system—covered not only in this Clause 1 measure but in others as we track through the Bill—which let people down because they can lead, and have led, to votes being stolen by unscrupulous individuals. The introduction of photographic voter identification as a solution to such vulnerabilities is supported by the independent Electoral Commission. As we have heard, it is also backed—
Lord Collins of Highbury (Lab)
I am sorry to interrupt. I do not want to delay proceedings any more, but the noble Lord just referred to the Electoral Commission. It suggested in its briefing to noble Lords that the Government should also consider options on polling day for those people who have lost their ID and have not received their voter card to ensure that no one loses the opportunity to vote. This could include using a vouching system as the noble Lord, Lord Scriven, referred to, which applies in Canada. Is the Electoral Commission’s recommendation going to be considered by the Government when they introduce voter ID?
Lord True (Con)
My Lords, applications for the free card will be available up to 5 pm on the day before, as has been said. I note what the noble Lord has said, and I will take away what he and the noble Lord, Lord Scriven, have said but our submission is that the time to apply for the card is satisfactory at the moment and anyone who is turned away initially on the day of vote can return. As a matter of fact, at the last election in which I took part, which certainly was not a general election, I was turned away. The returning officer said: “We are too busy at the moment. We have a technical problem, can you come back later?” I went back later in the day. People can return, and I did.
It was also pointed out, and this is correct, that the provision is backed by leading international election observers such as the Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights. It has repeatedly called for its introduction, saying its absence is a security risk. Many people would question why it is not already the case. In fact, as my noble friend said last week, the 2021 Electoral Commission winter tracker report was clear that the majority of the public—66%—say that a requirement to show identification at polling stations would make them more confident in the security of the voting system.
The choice of photographic identification as the model has been questioned by noble Lords. Put simply, it is the most secure and familiar way of confirming that someone is who they say they are. It is true that a number of different models of voter identification were trialled as part of the pilots undertaken by the Government in 2018 and 2019. However, when evaluating the security strengths and weaknesses of each pilot model, the Electoral Commission found that
“the photo ID only model has the greatest security strengths compared with the other models.”
On the basis of those evaluations, it was clear that the most secure and appropriate approach was photographic identification.
Many noble Lords in the debate raised questions about the practical implications of selecting this model. Obviously, as we go forward in co-operation into the face of implementation, the Government will carefully consider all the points that have been raised. The Government understand this and want to prepare the system as well as possible. This is why we considered the absolute maximum range of identifications that could be accepted for the policy. Using the Government’s Verify security scale, we opted for level 2 and then considered this against the widest possible range of documents which would meet that assessment. Should other forms of photographic identification meet that level of security in the future, the Government will be able to add them through the power inserted into Rule 37 by paragraph 18 of Schedule 1 to the Bill. This will ensure that the list remains up to date and is as accessible as possible going forward.
We commissioned a nationally representative survey of over 8,500 electors in Great Britain. This found that 98% of people have access to an accepted form of photographic identification, including 99% of people from ethnic minorities and young people aged 18 to 29. We need to reach all those others, which is why a free card is being offered and the Electoral Commission will be entering into a publicity process to ensure, with the Government, that that is known. Some 94% of the people surveyed felt that having to present a photo identification at the polling station would either make it easier to vote or make no difference.
Voter identification is a proven approach and although I heard what the noble Lord, Lord Scriven, said, in addition to the provision made for Northern Ireland by the last Labour Government, it is in place in most European countries and also in countries such as Canada which do not have compulsory national identity cards. Whether noble Lords like it or not, Northern Ireland is a comprehensive empirical example of the introduction of photographic identification in the UK. We know that it operates there with ease. It has brought real benefit to the democratic process, and Northern Ireland consistently reports high rates of confidence in the outcome of elections. The 2019 Electoral Commission post-election questionnaire reported that 83% of voters in Northern Ireland found it
“very easy to participate in the elections”
as opposed to 78% in Great Britain.
I trust that that sets out some of the underlying principles, but when developing this policy we of course completed all the required impact and equality impact assessments. A team of analysts produced detailed cost and benefit modelling, published in the impact assessment, as is typical for such a government programme. They incorporated high and low ranges to account for uncertainty and conducted sensitivity analysis to test the most sensitive and impactful assumptions, such as the percentage of the electorate requiring a voter card. If any noble Lord would like to explore details of the impact assessment with officials who have been involved in doing it—I know the noble Lord, Lord Scriven, is interested in that—I would be very happy to arrange for them to meet the Bill team to discuss it.
Lord Scriven (LD)
My Lords, I do not need to meet the Bill team. The impact assessment that the Minister signed off on 20 January this year says very clearly on page 30, paragraph 18, on this specific policy, on Clause 1 on mandatory photo ID:
“The analysis does not assess the impact of the policy on voter turnout.”
There has been no assessment in the impact assessment of the voter turnout and this clause.
Lord True (Con)
My Lords, I am sorry that the noble Lord does not wish to meet members of the Bill team and I am very happy to repeat that offer.
So far as the noble Lord’s point is concerned, my noble friend answered that point explicitly—indeed, the noble Lord referred to it. An impact assessment is an economic assessment. It did not deal with turnout. As the noble Lord well knows—he has campaigned often enough, as I have—turnout is affected by a very large range of factors. I will give way once more to the noble Lord.
Lord Scriven (LD)
I think it is important for the Committee to understand this because the noble Lord has said something at the Dispatch Box which they will find is slightly different when they look at the impact assessment. The impact assessment looks at non-monetary and non-economic issues to do with policies all over this Bill. It specifically says about this policy that it has not looked at voter turnout. This is not just an economic assessment—it is an assessment of the monetary and non-monetary effects of the Bill, including voter turnout.
Lord True (Con)
My Lords, it covers economic, equality and other assessments. If I misspoke, I apologise. I say for the third time what my noble friend said last week and I have said—the Government did not cover turnout. I have not sought to hide that fact because the factors that affect turnout are very wide and cannot be distinguished. Of course, analysis should not remain static, and I take that point. As we move towards implementation, I say to the Committee that we will continue to make sure that the evidence base remains up to date in terms of costings and will refine the modelling and assumptions. This is standard practice and will address the economic points.
I repeat that year-on-year turnout comparisons cannot be accurately estimated due to the volatility of the electoral cycle. As I have said, a huge variety of disparate factors play a part in whether someone chooses to vote in any particular election, from the appeal of candidates standing to personal circumstances on the day. An attempt to draw conclusions would be difficult.
In this vein, I note Amendment 142 in the name of the noble Baroness, Lady Hayman, on post-legislative scrutiny, which has not been addressed in this group yet. I appreciate that she has not had the opportunity to speak to it, but I will reply to the amendment. The Bill already provides for an evaluation of the impacts of voter identification at the first two general elections to which it applies and the first stand-alone set of local council elections. I am pleased to say that we intend to go further and produce a process and impact evaluation of the programme and its implementation across all policy measures. I hope that this reassures the noble Baroness that our aims on this are aligned. However, I repeat what I said in an earlier group: I remain open to further conversations on this point in relation to post-legislative scrutiny. I give that undertaking to the Committee.
Finally, in the same spirit of increasing participation in our democracy and empowering those eligible to vote to do so in a secure and effective way, Clause 2 introduces an online absent vote application service and an online voter card application service. As it stands, there is no facility for electors to make an online application to get a postal vote or proxy vote. Electors must have a paper form which they complete and submit to the electoral registration officer. Here the Government are seeking to encourage participation, because in an increasingly digital world, providing an online service for applications must increase accessibility. I assure the noble Lord, Lord Adonis, that his fears are unfounded. It will certainly be possible to apply for the voter card and the registration at the same time, just as one can in applying for a postal vote.
Lord Adonis (Lab)
Does the Minister therefore intend to accept my noble friend Lady Hayman of Ullock’s Amendment 64, which says that explicitly?
Lord True (Con)
No—we do not believe that the amendment is necessary, but the noble Lord is anticipating the next group. I am replying to noble Lords and assuring the Committee that I am advised that the noble Lord’s fears are entirely unfounded and that voters will be able to apply for both at the same time.
Lord Scriven (LD)
That is very well and good but coming back to the impact assessment, on applying for absent votes, paragraph 117 says:
“The requirement for identity verification as a part of the online application process for absent votes could deter some voters from voting … This may impact the integrity of the elections as it may lead to lower turnout”.
Why would such a policy be implemented, with that in the impact assessment?
Lord True (Con)
My Lords, I repeat that we believe that, in an increasingly digital world, where the introduction of digital services can be done securely, providing an online service for applications increases accessibility. That is our submission, and I think that would be regarded as logically correct by most people who turn on their internet in the morning.
These powers will enable the identity of applicants using the new services to be verified, as well as identity checking for other absent voter applications.
Lord Adonis (Lab)
There is a fundamental issue. The Minister has said that it will be possible to apply for the two at the same time, but paragraph 2(4) of Schedule 1 says:
“Regulations may make provision … about the timing of an application for an electoral identity document”.
Is the Minister saying to the Committee that those regulations will provide that applications for the electoral identity document can be made at the same time and as part of the same form or digital process as electoral registration itself?
Lord True (Con)
My Lords, I am not sure whether it is under that specific rubric. Obviously, a lot of this material will come forward in regulation, including precisely the last hour at which you can make an application, et cetera. I will say to the noble Lord only that his comments were heard and I have been advised that they are not founded. There is a later group during which we can come back to this point, if we must. I can write to the noble Lord, but I think it would be helpful if I was in a position to give that assurance to the Committee, in public, on the next group.
Lord Wallace of Saltaire (LD)
My Lords, this has been a long and often confused debate. I have to say that I am as confused at the end of it as to what the rationale for Clause 1 is as I was at the beginning.
We have touched on a range of issues which we will return to on later occasions. The noble Lord, Lord Hayward—for whose expertise I have the highest respect—talked about the uncertainties of our electoral system and the problem that, in many constituencies, local and national, the selection meeting is the important one because we all know who is going to be elected. That is actually a gross abuse of our electoral system, to which perhaps one might consider either the introduction of primaries or a change in the electoral system to give the electorate a wider choice. I mark that in passing.
I have much sympathy with the noble Baroness, Lady Noakes, on the point about the failure to modernise the pencil on sacking style of polling stations and the very antique business of local registers and local registration, which is totally unsuitable to the digital age. I also agree with the noble Lord, Lord Desai, on that.
What we should have had here was what page 48 of the Conservative manifesto—which I think I know almost off by heart—refers to: that the time has come for a “broader” approach to our constitution. That is one of the aspects the noble Lord told us that they have now abandoned. We could have discussed some of these issues together.
The noble Lord, Lord True, said that all of us should want to do both things at once: security and engagement —and I assume, therefore, proper modernisation of our electoral system. The problem with the Bill is that it does not do both things at once. It does this but not the other things. That is why I find this such an unsatisfactory half set of measures. It is a Bill which does things that help the Conservatives but does not address some of the evident inadequacies of our electoral system and electoral campaigns, and does not modernise, as the noble Baroness, Lady Noakes, rightly says. Therefore, it seems to me that the Bill fails the test of appropriate legislation. This is a disproportionate attack on one small part of the inadequacies of our electoral system, which leaves untouched many of its other inadequacies. On that purpose, we shall therefore wish to return to this on Report. I beg leave to withdraw my opposition to Clause 1 standing part.
Baroness Hayman of Ullock
“Statement on guidance given to registration officers
The Secretary of State must publish a statement on guidance given to registration officers in relation to the implementation of Schedule 1.”
Baroness Hayman of Ullock (Lab)
My Lords, there is a large number of amendments in this group, all of which refer to Schedule 1. As my noble friend Lord Adonis said, Schedule 1 is pretty enormous—there is a huge amount of information in it. It is concerning that there is a lot of very detailed information but that quite a lot of it is perhaps not pinned down in a way that would be helpful when making such huge changes to our electoral law.
It may well be a large section of the Bill but, as the noble Lord, Lord Wallace, said, when you look at the balance between securing the integrity of the ballot and encouraging participation, unfortunately there is simply not enough in the schedule to encourage participation and increase registration. I find that disappointing, because if the Government bring forward an elections Bill, encouraging more people to use their right to vote and take part in civil society in that way should be an absolutely integral part of what such a Bill tries to achieve.
As I say, all the amendments refer to Schedule 1. I will batch them into three groups, which seems sensible, given their focus. First, I will speak briefly to my Amendments 63 to 69, 79 and 81, which concern the electoral identity document. Amendment 66A in the name of the noble Lord, Lord Scriven, and Amendment 80 in the name of the noble Lord, Lord Willetts, are along similar lines. My noble friend Lord Adonis asked the Minister a number of questions about Part 2 so I will not go into detail on that, but it would be useful if the Minister could do as he said he would in the previous debate and give some more detailed answers to the relevant questions that were asked.
My Amendment 63 would require the Secretary of State to
“publish a statement on guidance given to registration officers in relation to the implementation of Schedule 1.”
In the previous debate in Committee, I talked about the importance of guidance and training when introducing voter ID. As was said in the previous debate this afternoon, an enormous amount of information will be provided to electoral registration officers, local authorities and the people who will man the polling stations. It is incredibly important that everybody knows exactly what they are supposed to do, what will be allowed and what will not, and how they can support people who may have come in with the incorrect documentation, so that they do not lose their votes, which is another issue we will talk about later. It is also incredibly important that we understand how guidance is being managed and implemented. Having a regular statement on where we are with it is important in making sure that our democracy is not undermined and that we have the best response possible to these proposals. Whether you agree with them or not, if they come in, they need to be implemented as well as possible.
I know the Minister said that he would explain why my Amendment 64 is not necessary, but we should do everything we can to increase participation. Providing an option so that someone can apply for an electoral identity document as part of the same process as registering to vote seems a straightforward, easy, sensible thing to do. I do not understand why the Government do not want to make this explicit in the Bill; it just seems terribly sensible to me.
Lord Adonis (Lab)
The issue that I hope the Minister will address, and which goes to the heart of my noble friend’s Amendment 64, is that he said when he replied to me earlier that, under paragraph 2 of Schedule 1, it will be possible for people to apply at the same time. However, if we want to minimise bureaucracy, surely, we want to make it a requirement that they be able to apply at the same time, which certainly is not part of that paragraph. My reading is that it could be covered by the regulations
“about the timing of an application for an electoral identity document”
in new Clause 13BD(4), as proposed by paragraph 2 of Schedule 1. But obviously, the way to ensure that it is possible, that we minimise bureaucracy and that we do not have an impact on turnout is for the Minister to accept my noble friend’s amendment or give an undertaking from the Dispatch Box when he comes to reply—so that he has time to commune with his officials—that the regulations will provide that electors can apply at one and the same time to register to vote and for the electoral identity document.
Baroness Chakrabarti (Lab)
To save multiple interventions on my noble friend, I just want to say this: it is all very well to say “Perhaps this will all be dealt with in regulations” so long as the vires—the power—in the schedule is broad enough to allow for regulations enabling people to apply to be registered and have one of these government-provided ID documents. However, I have read paragraph 2 of Schedule 1 and what it proposes. New Clause 13BD(1)(a), which is headed “Electoral identity document: Great Britain”, says that an application for an electoral identity document may be made by a person who
“is or has applied to be registered”.
That begs the question of whether these things can be done simultaneously. If these regulations will allow for an application only when someone is already registered or has already applied to be registered, that appears to leave out the group to which my noble friend Lord Adonis refers: people who are applying to be registered but know that they do not have a relevant document and want to make one application, rather than two applications at different times.
I am sorry to labour that point but I think it might be helpful to the Minister to hear that concern so that he can deal with it in one go later on.
Baroness Hayman of Ullock (Lab)
I thank both my noble friends for their contributions and support for this amendment. As I said, this measure seems simple and straightforward to me. On the basis that it is important for people who do not have the right document to be able to vote, it seems a simple and sensible proposition that, when they register to vote, a little box comes up that they can tick if they need an identity document. It would then all be dealt with and sorted. I hope the Minister will seriously consider the importance of having that spelt out in the Bill, or, if he is not going to accept my amendment, of making sure that this works in the legislation as drafted, as my noble friend Lady Chakrabarti said.
I have two further amendments, Amendments 65 and 66, which are about the issuing of the documentation. The first amendment refers to
“the issuing of digital electoral identity documents.”
We are in a digital age, after all, so it seems sensible for people to have that option. I get my train tickets digitally, so it is not beyond the wit of man to come up with that. The other amendment is
“about the distribution of an electoral identity document by post.”
At the moment, that is not in the Bill; the regulations provide for the timings, issuing and collection but they do not go into any detail about whether a document could be issued digitally or sent through the post.
Amendment 66A in the name of the noble Lord, Lord Scriven, is interesting. It would change
“the deadline for applying for a Voter ID card to 5 days before the day of a particular election. This is in line with the practice in Northern Ireland.”
We have had a lot of discussion in our debates on voter ID about the way things are done in Northern Ireland, so I am interested to hear more on this from the noble Lord and from the Minister.
Amendment 67 is very straightforward: it is just about ensuring that every electoral identity document should have the date of issue, which again seems pretty sensible so we all know where we are with it. Amendment 68 would delete new subsection (9) in paragraph 2 of Schedule 1. The reason for this is that it says, fairly vaguely:
“Regulations may require an electoral identity document to include other information.”
Why is this necessary? What kind of “other information” are we looking at? It would just be interesting to have further detail and clarification on what that part of the schedule is intended to do.
Baroness Greengross (CB)
My Lords, I will speak briefly in support of Amendments 64, 78, 79 and 81. On Second Reading, I expressed concerns that the new voter identification requirements in the Bill might disproportionately impact the youngest and the oldest voters. As others have already highlighted, we need to balance, on the one hand, that we ensure we have a secure electoral system that is not open to abuse of fraud with, on the other hand, removing possible barriers to voter participation. The fact that someone does not have a driver’s licence or a passport or cannot lay their hands on their passport on voting day should not mean that they are unable to participate in the electoral process, which is a very significant part of our democracy.
Amendment 64 gives someone the option, when registering as an elector, to apply for an electoral identity document as part of the same process. This ensures that, at the point of registering, people can get the ID needed to vote. Amendment 78 would enable a voter without satisfactory ID to have their identity confirmed by another voter at the polling station who does have acceptable ID. Amendment 79 expands on the list of documents that can be used as ID, again at least reducing the risk that someone is turned away from a polling station due to them not having satisfactory identification on them. Amendment 81 would include the senior railcard as a form of ID that can be used, as older people tend to have it on them at all times. These amendments help mitigate the risk of eligible voters being turned away for not having identification, but they do not eliminate it completely.
Lack of participation, especially by younger people, is by far a greater problem in this country than voter fraud. Can the Government please outline what safeguards they plan to put in place to ensure that eligible voters who lack identification documents are not disfranchised by what is proposed in the Bill?
Lord Willetts (Con)
My Lords, Amendment 80 in my name has the support of other Members of this House, including—he asked me to indicate this—the noble Lord, Lord Woolley, who sadly is not with us now. This amendment adds to the list of voter identification documents that are accepted for the purpose of being able to vote. It is carefully framed so as to be consistent with the statement in the Conservative Party manifesto, because I understand the importance for us in this House of working within the conventions of the respect we give to manifesto pledges. I will share with the Committee the exact words of that manifesto:
“We will protect the integrity of our democracy by introducing identification to vote at polling stations, stopping postal vote harvesting and measures to prevent any foreign interference in elections.”
My view on that list—and I think it is the view of almost everyone in this Committee—is that there is indeed an issue of postal vote harvesting, and we do indeed need measures to prevent foreign interference. I do not believe that the challenge of voter ID is a significant risk in the British electoral system and I do not think anyone has presented any evidence that it is; nevertheless, it is clearly within the framework set out in the Government’s manifesto and we should respect it.
So my amendment tries to do two things. First, it adds some more photo IDs to the current list of photo IDs—such items as the student identity card, the 18-plus student Oyster photocard and the national railcard. I am trying to add, as far as possible, to the list of photo IDs.
But the amendment goes further than this. It includes other documents that are not photo IDs. Here, I am very influenced by the second document, to which I pay almost as much attention as the Conservative manifesto; namely, the report by my noble friend Lord Pickles. In his important report Securing the Ballot, recommendation 8 says:
“The Government should consider the options for electors to have to produce personal identification before voting at polling stations. There is no need to be over elaborate”—
we hear the authentic voice of my noble friend there—
“measures should enhance public confidence and be proportional. A driving licence, passport or utility bills—
I emphasise “utility bills”—
would not seem unreasonable to establish identity. The Government may wish to pilot different methods. But the present system is unsatisfactory; perfection must not get in the way of a practical solution.”
So, at the stage at which my noble friend produced his report, which has been widely cited throughout the debate on the Bill, he clearly envisaged that it should not be just photo ID.
The Minister, in his response to the earlier debate, took us through the subsequent process, where there was piloting of a range of measures, and said that the pilot with photo ID had strengthened security the most. I accept that point. The question is, to what extent is security the key consideration? Given that voter personation is such a minor problem compared with other genuine issues around security, going for maximum security by requiring photo ID to tackle a problem that is not itself a major issue in our electoral system seems to me to be disproportionate compared with the disadvantages of photo ID. That is why I am trying, within the spirit of the report of my noble friend Lord Pickles and the Government’s own election manifesto, to provide as long a list of documents as possible, so that we will not face that challenge of people who are legitimately entitled to vote finding that, because they do not possess an ID, they are turned away from the polling station.
Lord Adonis (Lab)
The noble Lord is implicitly saying that he does not regard the Conservative Party manifesto as extending to photo ID. Indeed, there is a very good reason for not regarding it as extending to photo ID, because it does not say “photo ID”. It is all very well for the Minister to say that he intended it to mean that, but, as I know from having piloted controversial legislation through this House, when it comes to invoking the Salisbury convention on matters of first-rate constitutional importance such as this, what the manifesto says is absolutely crucial.
His proportionate principle is that we should start from a long list. Just from quickly scanning Amendment 80, it looks to me as if about half the items on his list do not require photographs; they give the identity of the person but not the photo. That would seem to me to be exactly the kind of position which this Committee should take—and insist on, if need be—to see that the Government’s manifesto commitment is introduced in a proportionate way and not in a way that is likely to have serious deleterious consequences.
Lord Willetts (Con)
Well, it will be up to the Committee to decide. I very much hope the Minister will be able to provide some welcome to my amendment, because it is certainly drafted in a way that is intended to be consistent with both the Conservative manifesto and the important report from my noble friend Lord Pickles.
I shall end by painting a picture of a scenario which several noble Lords opposite have hinted at. It is a scenario that concerns me; I think it is unlikely, but it is possible. It is that we go into the next election and in the course of election day we have, for the first time in British political history, a significant number of voters being turned away from polling stations on the grounds that they do not possess a photo ID. We would then have an election won—and I hope it will be an election won by my party—by a party with a small majority, including quite small majorities in a range of marginal seats. We will find ourselves in an extremely difficult political and constitutional crisis if people are saying, “This is an election where a Government has won by a very small majority after we have seen, for the first time on our TV screens, voters being turned away”. I think that would be catastrophic for trust in our electoral system, and everything that we agree in this Committee must be proportionate, given that there are, in the background, risks such as that. I therefore hope that, within the spirit of the Conservative manifesto, it will be possible for the Government to accept my amendment.
Baroness Chakrabarti (Lab)
Before the noble Lord sits down, I will ask a question specifically addressed to his amendment. By the way, I wholly commend the thrust of what he is trying to do with the amendment and his incredibly bipartisan remarks about our constitution. I looked through his list on the basis of what I readily have to hand myself. Did he ever consider the simple bank card, as opposed to bank statements, mortgage statements et cetera? I understand that he is trying to make the list as broad as possible. For myself, I find the debit card or whatever the most ubiquitous and quite a sensitive form of identity. I would favour it over, for example, a cheque book. I cannot remember the last time I wrote a cheque.
Baroness Chakrabarti (Lab)
I make no comment about that, but people increasingly use debit and credit cards. They carry them around on their person. In fact, some people now use their phones for everything. People are paperless even in relation to their statements and so on. I wonder whether that was something the noble Lord considered, because I am so with him in the thrust of what he is trying to achieve.
Lord Willetts (Con)
I take that point; this is not the perfect list. Indeed, there is a rather different agenda behind it. I shared at Second Reading my concern about lower rates of participation in voting and the difficulty of voter registration, especially for younger voters. It is odd that a Government driving forward a digital reform agenda in so many other areas are not doing so in this one. I believe in modernisation; I think digitisation is coming. It is very odd that we are not taking the Bill as an opportunity to introduce it in the electoral register. I also do not believe in lots of red tape and disproportionate burdens from it. By adding to the list, I am trying to reduce the amount of red tape as a barrier to people legitimately voting in elections.
Baroness Lister of Burtersett (Lab)
My Lords, I will speak briefly to support the amendments to which I added my name: Amendment 80 in the name of the noble Lord, Lord Willetts—he made a very strong case for the amendment, possibly modified to take account of what my noble friend Lady Chakrabarti said—and Amendment 78 in the name of my noble friend Lady Hayman. Again, my motivation in supporting these amendments stems mainly from my concern that the photo ID requirements will disproportionately exclude marginalised groups, including people in poverty and members of the GRT communities, who are also less likely to apply for a voter ID card, to some extent for the same reasons they do not have photo ID in the first place. The additions suggested by the noble Lord are much more likely to be held by these groups. For me, that is the key test: are these forms of identification that members of marginalised groups are more likely to have?
The noble Lord quoted the Pickles report. I will repeat the quote, because he rather rushed over it and it is worth emphasising:
“perfection must not get in the way of a practical solution.”
My fear is that perfection is getting in the way of not just a practical solution but, as I have said, inclusive democracy and citizenship. I am yet to hear a convincing justification for why this should be accepted as a proportionate response to the supposed problem of personation. Again, the noble Lord spoke eloquently about that.
I am also unclear why the Government are so opposed to a vouching system, as proposed in Amendment 78—they made it very clear in the Commons that they are opposed to it—not least given the fact, as my noble friend Lord Collins pointed out, that the Electoral Commission has supported the idea. Once again, it smacks of a worrying lack of trust in the electorate.
Finally, once again, I welcome the commitment to continued consultation with civil society groups to maximise accessibility for those most likely to need to apply for a voter card and/or who will find it most difficult to apply. Once again, will that include groups working with people in poverty and GRT communities? Will it include those who bring the expertise of experience to the table? That expertise will be of particular value in this context: who will know better what will work, or not, about applying for a voter card than the people who will make those applications? I am grateful to the Minister for promising last week to send me a list of those being consulted, but I would welcome an answer to this specific question about whose expertise will be taken into account in rolling out these provisions, because it is quite important.
The Lord Bishop of Coventry
My Lords, I offer your Lordships an apology for not being able to contribute to Committee for all sorts of reasons, but I said at Second Reading that I would support amendments that introduced mitigating factors to reduce the risk of unintended exclusion, particularly for that group of people the noble Baroness, Lady Lister, referred to: those on lower incomes. There is real risk that that could happen through this immediate introduction of photo ID.
That is why I was very glad to add my name to the amendment from the noble Lord, Lord Willetts, which, as he said, seeks to widen the forms of photo ID available and extend the list to include other forms of ID that do not include photographic ID. I was going to make similar points to say that the amendment is consistent with the approach taken in the local council pilot scheme in 2018-19. As has been said, it is entirely consistent with the earlier report from the noble Lord, Lord Pickles, and the gradualist introduction, if I may put it that way, of photo ID in Northern Ireland.
It seems that the purpose of the amendment is to reduce the risk of people living on lower incomes—a significant proportion of whom we know do not possess the acceptable photo ID—being disfranchised, which is my particular concern. That would simply be a form of non-recognition, which would be a moral injury to them and an injustice that would damage the UK’s traditions of democratic participation. The amendment seems to follow the logic of the inclusion of 60+ Oyster cards and blue badges, allowing for greater accessibility to particular groups of the electorate by making provision for those on lower income and other potentially marginalised groups to retain the highest chance of inclusion in the democratic process.
Baroness Meacher (CB)
My Lords, I support Amendments 63 to 69 in the name of the noble Baroness, Lady Hayman of Ullock, to which I have added my name. I was surprised that we had a very long debate on Clauses 1 and 2 standing part but there was very little mention of any concern about the impact of this change on the overall turnout in elections, and the potential skewing of election results. I was delighted to hear the noble Lord, Lord Willetts, focus on elections that might be quite tightly fought with quite close results. You really might question those results, particularly in those constituencies where you might have a very tight result.
Before today, it struck me that this is really the big issue: there does not seem to be an issue about trust in our elections, certainly in relation to people who turn up at polling stations. I understand that there has been a problem with postal votes, but this reform does not touch that at all. I do not get it; I do not understand why there is this tremendous focus on photo ID for people who go to polling stations.
Baroness Jones of Moulsecoomb (GP)
My Lords, I agree with almost all of the previous contributions. I wish I had joined in on the previous group, but I was not here for all of it—although I certainly feel that I was. The debate covered a lot of the territory that we are going to talk about now.
For clarity, the Green Party opposes the whole premise on which the Government build their case for requiring voters to present ID. There is no real voter fraud. It is no good to keep bringing up Tower Hamlets, because that argument has been demolished already. This will disfranchise the most marginalised people in our population. It is voter suppression; there is absolutely no doubt about that.
Suppose we pretend for a moment that the Government are sincere in wanting to reduce election fraud. If that was so, they would accept a lot of the amendments in this group—for example, Amendment 64. Why on earth should that not be included? The Government could be absolutely clear by putting it in the Bill, so that we know exactly what they are thinking. Why not accept Amendment 78? If somebody has voter ID, they are accredited, so why should they not support somebody else who might have forgotten their ID?
I do not do anything where I have to show ID, although I know the noble Baroness, Lady Noakes, says that she has to show it for a lot of things. The last time I was asked for ID was when I used my passport. I do not do anything that needs ID and there are a lot of people like me.
Personally, I think this is Trumpian and Putinesque. We have heard a lot about integrity and trust. I spoke to the Minister about the Government we have at the moment, our Prime Minister, No. 10 and the Cabinet Office, who quite honestly do not understand what integrity is about. They are happy to take money from dodgy Russian donors and happy to break the rules when it suits them. So please do not talk to us about integrity and trust on something like this, when it is clear that it is going to stop some people voting. That is a bad thing.
Of course, we did not hear an answer to the point made by the noble Lord, Lord Grocott. Why are the Government so exercised about this when they have an 80-plus majority? Surely it should be this side of the Chamber that is concerned about voter fraud. The Government are bringing forward some terrible legislation. We sit here and listen to the Ministers—I have a huge amount of respect for most of them—and I just do not understand how they can back this Government. They are a terrible Government, with terrible ideas, and this is another of them.
Lord Adonis (Lab)
My Lords, I want to return to what the Minister said in the last group, because it is going to be of great importance as this House proceeds with the Bill. I totally and completely refute his proposition that the Bill in its current form is covered by the Salisbury convention. My contention, which I will elaborate at greater length in future if need be, is that something as significant and of such great constitutional import as a requirement on all voters to have a wholly new form of photo ID is not covered by the Salisbury convention. What is covered is the requirement that there should be some form of voter ID—that is why I would not support the removal of Clause 1 in its entirety—but not photo ID. That is a fundamental distinction. Indeed, the conflict between the Blair Government, of which I was a member, and this House, which led to the loss of a substantial part of the ID cards Bill, was precisely that this House contended with a significant majority that there was not sufficient manifesto cover for the proposition being put forward.
I say this very directly to the Minister now, because I think this is going to be a very significant issue in due course. It is going to be particularly important that my noble friends on the two Front Benches of the Labour and Lib Dem parties—I am speaking to them as much as to the Minister at this point—do not fall for the argument that, simply because this Bill has come from the House of Commons and has photo ID in it, and because it is asserted that it is covered by the Salisbury convention, it is covered by the Salisbury convention. It is a particular tradition of this House, which goes to the heart of the constitution, that the occasions on which we are prepared to assert our power against the Government where they do not have manifesto cover particularly relate to constitutional issues, where we have a special role as guardian of the constitution to see that one particular party cannot gerrymander it at will, claiming a general manifesto commitment for something that specifically has a very big impact.
The noble Lord, Lord Willetts and I—I hope he does not mind me saying that he and I are old friends—both approach public policy from a fairly centrist perspective, applying rationality and so on. Not only was his speech on Amendment 80 brilliant and very compelling but he went to the absolute heart of this issue in his analysis of the distinction between the Government claiming that their manifesto contained, and gave a mandate for, an identity document requirement, and it being a photo-identity document requirement. Those are two fundamentally different propositions. The proposition that they are fundamentally different is made by the content of Amendment 80 itself, because although the noble Lord did not deconstruct his amendment, I have had time to deconstruct it since he moved it.
In Amendment 80 the noble Lord, Lord Willetts, lists 21 forms of personal identification. By my calculation, only five of them are necessarily photo IDs: driving licence, student ID card, 18+ student Oyster photocard, National Rail card and, I assume, the Young Scot National Entitlement card, because young people’s documents require photos. Of the other 16, only another three may—and I think it depends on who the issuing authority is—require a photo: a trade union membership card, a library card, and a workplace ID card. That varies very much between local authorities and trade unions, and so on. All of the rest are non-photo ID documents: birth certificate, marriage or civil partnership certificate, record of a decision on bail, bank or building society cheque book, and, and, and.
The noble Lord from the Conservative Benches made the argument that this is completely consistent with the Conservative Party manifesto. That point will be of huge importance as the House takes forward consideration of this Bill, passes amendments and then gets into what I assume will be—is very likely to be, if there is time in this Session; the sand is going through the hourglass quite rapidly—a significant standoff between this House and the other place. I have no doubt at all that not only is it within our powers but it will be our duty to resist the mandatory introduction of photo ID requirements. I suspect that Amendment 80 may well be the fundamental amendment that we take forward in some form in later stages of the Bill.
I will quickly deal with Amendments 78 and 64. We have dealt with Amendment 64, and I hope the Minister will be able to give us satisfaction on it. It is an absolutely crucial point. It is not enough for it to be possible to apply at the same time; it has to be a requirement that people can apply at the same time, or else it will become a matter of postcode lottery across the country as to whether you can apply for your identity document at the same time as you apply to register to vote.
One point that has been made which we have not debated enough is covered by Amendment 78. When I first came to the Bill, not being an expert in the evolution of the Government’s thinking, I thought that they were going to propose that people needed to turn up at the polling station with some form of ID. I thought that that alone was going to be off-putting. It never occurred to me until I read the Bill and heard what they were doing that not only were they going to have to turn up with some form of ID but it was not even sufficient for them to have an existing photo form of ID. Over and above that, even if you were going for a photo ID requirement—which, as I said, is not even covered by the Conservative manifesto—surely it would be proportionate for you to turn up with your passport or driving licence that is an existing form of photo ID. What is the great security risk of saying that people can turn up at a polling station with a passport or a driving licence? Why on earth can the Government not regard that as adequate?
Baroness Chakrabarti (Lab)
The noble Lord made a thoroughly compelling speech, as did the noble Lord, Lord Willetts. As he is from my side, so to speak, I point out that I have a more fundamental objection than he does to a compulsory ID of whatever kind for our citizens. Because he has been supportive—to some extent, I am tempted to be of the approach of the noble Lord, Lord Willetts—can I put to him the question that I tempted the noble Lord, Lord Willetts, with earlier? If we are looking at safeguarding on the face of the primary legislation some categories that we believe will be accessible to people, but also looking at broadening these categories so that no one is deliberately or accidentally disenfranchised, what about simple debit cards?
I am playing devil’s advocate against myself because I spoke against clause stand part, but I am playing the game and trying to be constructive. It seems to me that there would be two tests—would there not?—for broadening the types of identification that we would put on the face of the legislation so that people could relax as we go forward.
The first test would be that this is documentation—a card, or whatever—that is ubiquitously available, and people have it already. Therefore we would not be putting in too many hurdles or obstacles. People have it already; ideally, they carry it around rather a lot, and it is not buried away in the attic or some other place so safe that it would be annoying to go looking for it. The second test would be that it is a reasonably secure document or object. Otherwise, if it is too easy to forge with a photocopier, what is the point?
If I am right about those two tests of security and broad availability, it seems to me that the simple banking card comes first on both criteria. It is, by definition, a very secure thing. That does not mean that it cannot be forged or stolen, but it is so ubiquitous—and used by people daily—that if someone loses it or it is pinched, they will report that immediately. They will not fail to notice that their bank statement, which was sitting on the doormat for three weeks, was lifted by their flatmate—if we really think that is going to happen. The bank card is very secure and is treasured by people, it is in ubiquitous supply in the broad community, and it is taken everywhere, whether to vote or not. There are also all sorts of incentives to protect its security. I put that to my noble friend, as I did to the noble Lord, Lord Willetts—and of course I am putting it to the Minister as well. If we are really serious about saying that this is nothing to do with putting hoops and hurdles in people’s way, why would this not have been thought of at the very outset?
Lord Adonis (Lab)
My noble friend makes a compelling point, which is really a point for the noble Lord, Lord Willetts, as he constructs that amendment that I very much hope he will bring back on Report, having taken account of this debate.
Lord Stunell (LD)
My Lords, I shall dial down the rhetoric a little here. First, I want to pick up what the noble Baroness, Lady Noakes, said with great conviction —that it was beyond the wildest imagination that this could be a deliberate attempt at voter suppression. The Minister made the same point in responding to an earlier group. The Committee owes it to both of them to take that in good faith. So I shall move on and say that I also take in good faith what the Minister has said at least twice during our proceedings, which is that he rejects the concept of the precautionary principle. I shall make an assumption, based on a fair amount of evidence—although that is not collected from these debates in particular—that he is also against the gold-plating of legislation.
I shall speak particularly to Amendment 80, tabled by the noble Lord, Lord Willetts. All the other amendments in the group have great merit and require careful consideration by the Minister, but Amendment 80 is what has attracted my attention for further comment. Incidentally, I was originally going to say that I did not believe it encompassed parliamentary passes—but I notice that item (q) in the list is “a workplace ID card”, so possibly we may qualify under that. It would be ironic, would it not, if a busy Member of Parliament seeking re-election, dashing to the polling station at 9.55 pm on realising that they had failed to vote, was turned away because their parliamentary pass was not sufficient identity to get into the building? I see that I am going to be intervened on by another noble Lord, who, like me, has a pass that does not qualify him to vote—but that is a separate issue.
Lord Adonis (Lab)
The point is that the MP would be turned away, because that pass does not mean that someone can turn up and vote. The pass is an accepted document with which someone could apply for a photo electoral ID card. If the noble Lord tries to turn up at the polling station at 9.55 pm with his parliamentary pass he will get very short shrift, because the Government will not regard it as a secure document.
Lord Stunell (LD)
The noble Lord makes an interesting point. At the 2017 election, when I was present at the normal polling station that I attend, I had some difficulty in preventing the polling clerk issuing me with a ballot paper. He was not deterred by the fact that I was disqualified by virtue of my membership of this House. I assure your Lordships that I rejected his tendered ballot paper—“tendered” with a small “t”, obviously.
The noble Lord, Lord Willetts, made a powerful point on behalf of the noble Lord, Lord Pickles, and his report. He referenced the Pickles report recommendation 8, and further parts of the report have also been read into the record in this debate. Recommendation 8 said that there was no need to be over-elaborate, and utility bills would do. My two years of junior ministerial office were in the then Department for Communities and Local Government, whose Secretary of State was the noble Lord, Lord Pickles, and I am pretty sure that, unless the noble Lord has changed his tack very considerably, he will remain fundamentally opposed to gold-plating. He was an enthusiastic pursuer of the red tape challenge, which was designed to reduce the amount of legislation and regulation, and I do not even have to consider whether he would regard the spending of £180 million on fulfilling his report as a sensible use of public money, or proportionate. I do not even have to imagine whether he regards the present arrangements as over-elaborate. I am sure that in due course the noble Lord will speak for himself. No doubt he is wisely keeping out of the way at the moment, but at some point, when his memoirs are published, we shall get to the truth.
The noble Lord, Lord Adonis, talked about which demographic would be hit the most. We can debate that, but there is clearly a proxy, which has been mentioned already. Some parts of the population do not have bank accounts. I would just say to the noble Baroness, Lady Chakrabarti, that for them, adding a credit or debit card to the list would not help. People who do not have bank accounts, and therefore do not have bank cards, are people who are very likely to be unable to produce evidence of other things either. But they nearly all have utility bills, and that seems to be a route that the noble Lord, Lord Pickles, recommended to the Government when he drew up his report.
The Minister should remember his own first principle, which is “No precautionary principle: don’t do anything unless there’s evidence to show it is needed”. There is no evidence to show that this is needed. His next principle is “Don’t gold-plate”—and he should remember the red tape challenge. The noble Lord, Lord Willetts, has provided the Government with the solution they are looking for, which would allow them to say to whoever they have to give an account to, “We’ve fulfilled our manifesto pledge, and we have a scheme that doesn’t strip out electors and reduce their propensity to come along and vote”. I support all the amendments in the group, but Amendment 80 ought to be the foundation stone for the Government to do a diplomatic and nuanced U-turn.
Lord Scriven (LD)
My Lords, I shall speak first to my Amendment 66A and, in so doing, I draw the Committee’s attention to my entry in the register, particularly my interest as a vice-president of the Local Government Association. I see this as what I call a “two Ps” amendment: a probing amendment about the practicalities of what the Government are suggesting. I thank Solace, the Society of Local Authority Chief Executives, for the wide and helpful briefing that it sent about this. It is important that we consider this briefing, because many of those chief executives are the returning officers in constituencies up and down the country.
The briefing talks about the impracticality of suggesting that the voter ID card can be applied for and supplied if people apply by 5 pm on the day before the poll takes place, which, as it points out, is inconsistent with every other form of voter application—whether it be for a postal or a proxy vote—unless it is a medical emergency. We talked about the practicalities of Northern Ireland and it is also inconsistent with Northern Ireland, where this is not allowed to happen until 5 pm on the day before the poll.
It is impractical because it places extra burdens on those administering an election at their busiest time: the week before the election. Anybody who has seen what happens in an electoral office a week before an election will understand that the administrators are already under great pressure to ensure the security and integrity of the election. To suggest that people can turn up until 5 pm on the day before the poll to seek one of these voter ID cards is impractical. The Government’s impact assessment suggests that 50% of people will apply by post and 50% will apply in person. It states that the closer you get to an election, the more people will apply in person. So people could be trying to sort out postal votes and ensuring that the ballot boxes and everything else are in place with queues of people seeking this ID.
In this respect, the Government’s impact assessment is detailed. It suggests that the cards will take approximately five to 10 minutes to produce, assuming that everybody has the things that they need to produce one. It suggests that there be one machine per constituency, which I think works out at just over two on average per local authority.
It is inconceivable that this requirement is practical. So I ask the Minister: why was the stipulation of 5 pm on the day before the poll selected; why is it not consistent with Northern Ireland; and, specifically, what discussion took place with Solace and other returning officers, who would have pointed out that this was impractical? If the Government did consult those who administer elections, what advice came back on the practicalities of delivering this?
I will now speak to some of the other amendments, particularly weighing in with my support for those to which my noble friend Lord Rennard has put his name. I will talk specifically about Amendments 64, 68, 78 and 80.
On Amendment 64, as the noble Lord, Lord Adonis, has mentioned on a number of occasions, it is absolutely vital that when people register to vote, they should be able at the same time, as an automatic right laid down in the Bill, to apply for the voter ID card. I see no practical reason why that should not happen. There is no practical reason why returning officers, Solace or anybody else who administers elections would say that is not consistent. So what would stop the Government allowing that to happen as an automatic right and including it in the Bill?
Amendment 68 is important because it comes back to the powers of the Secretary of State, which we have talked about a lot. The Secretary of State could, by decree, by the stroke of their pen, decide what documentation is or is not available. I shall come in a second to the amendment from the noble Lord, Lord Willetts, which is really important. I see no reason for that provision.
Amendment 78 is also important. The noble Lord, Lord True, has on many occasions referenced Canada having voter ID. It is absolutely not true to say that to vote in Canada, you have to have voter ID. If you turn up without voter ID, there is a system called vouching. Somebody can vouch for you, if they have some ID, to say that you are the person who you say you are and they vouch for your identification.
I see no practical reason why that should not happen if this clause stands part of the Bill. It is sensible, it is not unknown across the world, it is practical and it happens. In Canada, it does not happen significantly, but it happens. As many people have said, if somebody turns up without their voter ID at 9.55 pm with their spouse, friend or loved one, I see no reason why that person could not vouch for them.
The Minister mentioned people turning up to a polling station and being asked to return, as he was. For some people, that is impractical. If you work 12-hour shifts and are going just before you start work, you cannot turn back. For people with childcare responsibilities, it may be impractical or impossible to do that. That is why, if you turn up without your ID but with somebody else who has some ID, vouching on the Canadian system should be allowed. I see no reason why it should not. It does not undermine the integrity of the ballot. Somebody who has the appropriate ID could vouch for somebody who has not whom they know. There is then a way of checking, if there is personation by the second person, who the person has vouched for—but there is no evidence in Canada that that actually happens.
I come to the most powerful and important intervention in the debate on this group, which was from the noble Lord, Lord Willetts. He made it very clear as a member of the Conservative Party who sits on the Conservative Benches exactly what was in both the 2017 and the 2019 Conservative manifestos: that voter ID would be required. Neither manifesto used the word “photographic”. That is key in terms of the Salisbury convention and the Conservatives being able to carry out their manifesto commitment. In terms of providing extra ID, the noble Lord, Lord Willetts, showed a practicality and pragmatism that I would expect his Front Bench to replicate. If not, the cat is out of the bag. The noble Lord, Lord Willetts, is trying to make it as easy as possible, if this provision comes in, for people to exercise their democratic right to vote.
If the Government, from the Front Bench, refuse to accept that mandatory photographic ID is not required to vote, then they will be saying that they will be making it as difficult as possible for people to exercise their vote. This is the litmus test. We must all listen to the answer to this particular set of amendments.
I thank the noble Lord, Lord Willetts, not just for his amendment but for making it very clear that the Conservatives would be carrying out their manifesto commitment without introducing photo ID.
Lord Desai (Non-Afl)
My Lords, I shall make a very short point about Amendment 80. The noble Lord should look carefully at whether many of these indicators are male-oriented. Women do not have their names on documents such as mortgage statements and utility bills. It would make more sense to have one particular card, as the noble Baroness, Lady Chakrabarti, suggested. It would be personal, in the name of the man or woman.
I want to add that I have my Freedom Pass in London. It is a very good thing. I could show it around.
Lord True (Con)
My Lords, again I thank all those who have spoken in the debate. The noble Lord, Lord Adonis, outside what he imagined to be the walls of Jericho, sounded a very loud trumpet call to lead his Front Bench into a battle over the Salisbury convention. I will not pursue this. It is for everybody in the House to decide to what extent the opinion of the other place and the Government’s manifesto should be respected or not. I made a statement about that at the beginning of our proceedings.
I was asked about the card and the words “is or has”. I shall come to this shortly because it is important. I say to the noble Lord, Lord Adonis, that any voter who does not have one of the forms of identification listed in the Bill will be able to apply for a voter card. There is a wide range. I know that my noble friend Lord Willetts wants to extend it. The card is supplementary. All the other types of identification are listed. Expired identification will also be permitted. Not every elector will be required to have the voter card. People will be able to apply for it at the same time as they register to vote, so the process will be as easy and accessible as possible. If they are already registered and need a voter card, they will be able to apply online, on paper or in person. It is our ambition that they will be able to do so until 5 pm on the day before polling day. That was challenged by the noble Lord, Lord Scriven. I will come back to it. The Government would regard that as unnecessarily restrictive.
I am not a parliamentary draftsman, but I am advised that the wording,
“is or has applied to be”
is there because, on the wording of Amendment 64, it could be construed that someone who is applying should be able to get it. You obviously have to be on the register to get the voter card. Either you are on it, or you have applied to register. You send your letter or your online application in. With both applications, the process will be that the registration officer will check the correctness of the application to register. When someone is on the register, they will be able to have the voter card. It is sequential, but the application can be done at the same time. This is the purport of why these words are there.
Lord Adonis (Lab)
The Minister has been extremely helpful on this point. An extremely important statement has been made from the Front Bench. To close the point completely, in the regulations that the Government are going to produce, will the Minister undertake that this will be made an explicit requirement of all electoral registration officers? Making available the facility to apply for both at the same time is not just something that they can do; it is something that they must do.
Lord True (Con)
Certainly, I would hope and intend for that to be the case. I am not writing the regulations personally. I am not the Minister in DLUHC which administers this. I shall certainly pass on the views of the Committee. I reassure the Committee that this is absolutely in the spirit of making life simpler for registration officers. It is certainly the Government’s wish that people should be able to do this. It is not necessarily their intention that everyone should get a voter card—only those who need one. All the other types of identification currently listed in the Bill will be accepted.
Of course, we have undertaken extensive engagement with the electoral sector about this, including with Solace, with civil society organisations, and with those representing the kind of groups to which the right reverend Prelate referred. This is a rolling engagement in order to inform them of the proposals, to gather feedback on the plans and to identify ways to ensure our implementation plans are clear, comprehensive and inclusive for all electors. This engagement continues as officials refine implementation plans. They will be listening to what is said in your Lordships’ House, with a focus on exploring many of the aspects that noble Lords have raised, such as the needs of particular groups and the best ways of communicating.
New Section 13BD is worded specifically so that a person does not have to wait until a registration application has been determined before applying for the card. They can do both at the same time, but they have to be on the register first. In practice, this means that the applications can be put in at the same time.
I turn to the specific amendments. I have partly addressed Amendment 64. I understand precisely where the noble Baroness is coming from. I fully accept that she was quite right to raise that point. I hope that I have been able to give some reassurance.
We do not believe that Amendments 65 to 69 are necessary. They provide for powers that are already in the Bill and make suggestions that are already part of the policy, although not ones requiring legislative definition. I set out some of the policy intentions earlier. They were clearly stated in the voter identification policy statement, published on 6 January.
On Amendment 65, new Section 13BD(10)(a) enables the Government to make provision about the form of a document, including digital. I note that this probing amendment says that it should be in digital form.
On Amendment 66, new Section 13BD(4)(b) enables the Government to make regulations about how cards will be issued, including by post and so on and so forth. We will make sure that this is in the record. I fully accept that these things need to be covered.
Amendment 67 asks about date of issue. The card would have a date. New Section 13BD(9) is about the power to make regulations on what information will be on the document. The noble Baroness, Lady Meacher, is not in her place. The additional kinds of information referred to in that section of the schedule is precisely to allow for something like the date or name of the issuing local authority. They will have different local authority names, so one cannot have a single card. These are the kinds of additional points. In reply to Amendment 68, spoken to by the noble Baroness, Lady Meacher, it is certainly envisaged that the date of issue of the card will be on it.
I thank the noble Baroness again for putting forward Amendments 70 to 73. For noble Lords who are not sure which amendments I am talking about, these are probing amendments concerning the arrangements that will be in place for anonymous electors. I can certainly confirm that officials have carried out extensive engagement with various civil society groups that highlighted their interest in anonymous voting arrangements. This is important. In developing the clauses, an extensive consultation has also been carried out with the AEA on how we could make the provision work effectively for anonymous voters.
I assure the noble Baroness that we share a joint aim. There may be a relatively small number of people here but they are very vulnerable, important people. We share a joint aim that those who rely on anonymity—including some people who have been subjected to the most vile abuse and violence imaginable—will not be negatively impacted by the changes. The Government recognise that there are electors who need to register and vote anonymously for a variety of reasons; I have referred to the kinds of circumstances in which other vulnerable electors may not wish for their name or location to be available on the register.
Anonymous electors who wish to vote in person at a polling station will be able to apply for an anonymous elector document, which will enable effective verification of identity while also protecting the voter’s anonymity. We believe that the changes proposed by Amendments 70 and 71 might undermine the objectives of the voter identification policy. Removing the photograph from the anonymous elector document, for instance, would make anonymous electors, often some of the most vulnerable members of society, potentially an easier target for anyone seeking to commit fraud.
Amendments 72 and 73 propose regulation-making powers relating to the application process for anonymous elector documents and to the exact materials used in the manufacture of those documents. The powers that Amendment 72 provides for are already in the Bill. I have not been advised on which particular clause but I will let the noble Baroness know; I did say to my faithful team, who are absolutely wonderful, that it would be helpful to the House if I were able to give details of clauses when responding. For the reason I have given, the Government do not think that taking an inflexible approach to the production of documents, as set out in Amendment 73, is desirable. With those assurances, I ask that those amendments are not pressed.
Amendment 78 would introduce an attestation process for those without necessary identification. This was given very considerable thought by my colleagues during policy development. However, there is a risk that, if someone brings another elector to the poll, these provisions could be exploited by unscrupulous individuals and might allow a ballot paper to be issued to a person who claims to be somebody else, or who is ineligible to vote in an election. The issues are balanced but we have concluded that any form of attestation would be an unacceptable avenue for this kind of fraud, undermining the core aim of promoting electoral integrity; so, after reflection, it is not something that the Government can support.
As I said earlier, photographic voter identification is, in our submission—and as agreed by the Electoral Commission—the most secure way to prove that someone is who they say they are. On Amendment 66A from the noble Lord, Lord Scriven, our aim is that electors without accepted photographic identification will, as he says, be able to apply for a voter card from their local authority until 5 pm the day before polling day. The noble Lord wishes to have a cut-off date four and a half days earlier. We do not, on the basis of our discussions, think that that is desirable or necessary. Given the great importance that the Committee rightly attaches to the ability to vote, we would like to be more liberal in our approach to making the voter card more readily available. Agreeing to restrict the amount of time for which it was available would not be a step forward; I therefore ask the noble Lord not to press that amendment.
Lord Scriven (LD)
Will the Minister clarify one issue? Why is the provision to allow an application up until 5 pm on the day before the election considered to be consistent with Northern Ireland? It is not consistent with Northern Ireland. when speaking to electoral officers, what factors suggested that having those extra four days would make it practical to deliver this in the way that the Government are suggesting?
Lord True (Con)
My Lords, we believe on the basis of our discussions that it is, and should be, practical. Whether or not you agree with the policy, it should surely be desirable that the card be made available up to the latest possible moment.
Amendments 79 to 81 relate to the range of identity documents; my noble friend Lord Willetts came out with a very long list. As I said on the previous group, the list of acceptable documents in the Bill was drawn up against the widest possible range of documents that would meet strong standards of security. That is the conclusion that we have reached. The Electoral Commission said that photo-only identification had the greatest security value but, as I said on the previous group—and it is there on page 81, lines 24 and 25 of the Bill—other documents may be added. However, for the reasons of security that I gave on the previous group and give again, we do not believe that the list should be extended in the way that my noble friend suggests, and we therefore cannot support this amendment.
We also see little merit in Amendment 63—which I should have referred to—proposing an annual statement from the Secretary of State on numbers of documents issued. Only individual local authorities will have the complete set of cards issued, as they will not be issued centrally. When the Electoral Commission does the post-operative examination of what happened, I am sure that it will consider those figures.
On Amendments 83 and 84, I am pleased to say that, as set out in paragraph 22 of Schedule 1, we already intend that returning officers, through their polling station staff, will record and collate information on anyone who applies for the issue of a ballot paper and is refused. This will be set out in secondary legislation, and we are working on the details with the Electoral Commission and returning officers. Of course, the polling station will already have informed the person concerned that they have been refused a ballot paper and why, so we think that a letter is an unnecessary further step. As I said, secondary legislation will cover this point.
In the light of this, these amendments would ultimately either duplicate or extend processes which are provided for in the Bill—making them either unnecessary or unacceptable to the Government—while only increasing the administrative burden on the electoral sector; for example, an enormous list of documents might do that in itself. For this reason and the other reasons mentioned, I beg that these amendments are not pressed.
I gave a long response, as this is quite a large group. I hope that I have managed to address at least the main points that were made.
Lord Adonis (Lab)
The Minister is making important new points in his closing remarks that are of significance to the Committee. He has drawn our attention to new paragraph (IQ), inserted by paragraph 18 of Schedule 1, on page 81, which says:
“Regulations may make provisions varying paragraph (1H), (1I) or (1J)”,
which give the list of acceptable documents,
“by … adding a reference to a document to any of those paragraphs”.
He has just said to the Committee that that could allow the Government to extend it to any other documents. My reading of that is that it could allow for the extension to a document which is not a photo ID document. Have I correctly construed that new paragraph?
Lord True (Con)
My Lords, the Government’s policy position is clear. I will probably get wrapped over the knuckles as I may not have construed the Bill correctly because of feeling hungry at 7.29 pm. If I did not then, once we come back, I will correct the record. Certainly, the provision is there. As I said in my speech on the previous group, if the Government consider that there are other documents which can meet the security standards required—some photographic documents currently do not and are therefore excluded—then that is why we were taking that potential power in the Bill. Regarding the type of document, the Government’s policy remains as stated. We are for photographic identification.
Lord Adonis (Lab)
My Lords, I am sorry to labour the point, but can the Minister write to us on this? It is one thing for him to say what the Government’s policy is but what the law says is another. The issue here is whether that power would require documents which are added to be photo ID documents or whether they could be any other item on the list by the noble Lord, Lord Willetts, in his Amendment 80. I am offering the Minister a possible way out in due course for accepting the noble Lord’s amendment by the back door.
Baroness Hayman of Ullock (Lab)
My Lords, I thank all noble Lords for their contributions to this lengthy debate, and the Minister for his detailed responses. I am sure that there are areas of these amendments that we will return to on Report but for now, I beg leave to withdraw my amendment.
(1A) For the purposes of paragraph (1)(b), “relevant provision” means— (a) where the person is or will be registered in a register of parliamentary electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b), and(b) where the person is or will be registered in a register of parliamentary electors in Great Britain and does not also fall within sub-paragraph (a), section 8(7A) of the Representation of the People Act 1985.”Member’s explanatory statement
This amendment clarifies the requirement relating to preparation of date of birth lists for polling stations in Northern Ireland, so far as that requirement relates to date of birth lists for proxy voters.
“the form must include details of the documents the voter needs to bring to the polling station, namely—(i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H);(ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card.”Member’s explanatory statement
This amendment ensures that, in inserted paragraph (3ZA) for rule 28 of Schedule 1 to the Representation of the People Act 1983, the reference to rule 37(1H) catches documents listed in rule 37(1I) and (1J) of that Schedule (as amended by the Bill). The amendment also makes separate provision about the details to be included in poll cards sent to electors with anonymous entries.
“(a) details of the documents the voter needs to produce when applying for a ballot paper, namely—(i) in the case of an elector (other than an elector with an anonymous entry) or a proxy, any of the forms of identification for the time being referred to in rule 37(1H);(ii) in the case of an elector with an anonymous entry, the elector’s official poll card and an anonymous elector’s document showing the same electoral number as the electoral number shown on the official poll card, and”.Member’s explanatory statement
This amendment amends inserted paragraph (4A) for rule 29 of Schedule 1 to the Representation of the People Act 1983 by requiring the large notice displayed inside each polling station in England, Wales and Scotland to contain information about the relevant proof of identity requirements for electors with anonymous entries as well as for others voting in person.
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 72, line 12.
Member’s explanatory statement
The definition of “electoral number” in the inserted paragraph (1L) of rule 37 of Schedule 1 to the Representation of the People Act 1983 means that the word “current”, in the inserted paragraph (1K), is not needed. This amendment therefore leaves it out.
Elections Bill
Monday 21st March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)
Baroness Hayman of Ullock
“(2) Before laying before Parliament any regulations under Schedule 2, the Secretary of State must provide the legislation in draft to any committee of either House of Parliament which the Secretary of State deems relevant.”
Baroness Hayman of Ullock (Lab)
My Lords, my Amendment 85 is about providing legislation in draft to any committee of either House of Parliament which is deemed relevant by the Secretary of State. The reason for tabling this amendment is the same as in previous debates: with very little pre-legislative scrutiny, we really need to see the detail of the legislation ahead of debate. So, this is about seeing that legislation in good time so that we all know exactly what the expectations are and what detail is going to be provided.
The other two amendments are about private renters and private tenants. I briefly draw the House’s attention to some analysis published by the Mayor of London’s office in 2019 which demonstrates that private renters are less likely to register to vote and so are missing the opportunity for their voice to be heard at national and local level. City Hall analysis of the electoral roll and housing in London found that boroughs with the highest number of private renters had some of the capital’s lowest levels of voter registration.
That analysis is backed up by national estimates from the Electoral Commission which show that 94% of owner-occupiers are registered to vote, compared to just 63% of private renters. The reason for this seems to be that many private renters move home frequently, often due to insecure tenancies. Across London as a whole, 25% of households were privately renting at the time of the most recent census and only 86% were registered to vote, which is a lower rate than other areas. One of the reasons for this is the stability of people in private rented accommodation.
I come back to the point that there is nothing in the Bill to help increase the number of people on the electoral register, which I think will be a theme throughout its passage. I know that this Bill is not about housing, but housing is in the same department—both areas are covered by DLUHC—so it would be good if the Minister could point out to his department that private renting could be reformed to increase stability for tenants, so that they are not constantly on the move. In that way, we could increase the number of people registered to vote and try to keep that more stable. I beg to move.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, Amendment 85 in this group would require the Secretary of State to publish any secondary legislation under Schedule 2 of the Elections Bill for pre-legislative scrutiny. My officials are working at pace on the secondary legislation and it will be shared with Parliament in due course. Any legislation under Schedule 2 will be subject to the affirmative procedure and therefore will have to be laid in draft, debated and approved by each House of Parliament, thus giving opportunity for sufficient scrutiny.
Amendments 86 and 87 seek to place a requirement on the Secretary of State to publish reports and hold a public consultation on measures to increase registration levels among private tenants. I agree with the noble Baroness opposite that the high turnover in this type of accommodation sometimes raises questions. She will know that the Government are seeking to improve the position of private tenants in other legislation, but I certainly take note of her point.
Registering to vote is extremely easy and it takes about five minutes to complete an online application. Since its introduction the register to vote website has revolutionised the ability of electors to participate, with over 60 million applications to register since 2014. In the last election a record number of people registered to vote—47 million. The Government are pleased that the register to vote service has the highest available accessibility rating for a website—a triple A rating—under the web content accessibility guidelines, for those noble Lords who are particularly interested.
I should add that it is for EROs to ensure that their registers are as complete and accurate as possible. It is the Electoral Commission’s duty to promote electors’ participation in our country’s electoral events. The commission runs an annual voter registration campaign encouraging those eligible to take the short time to make an application to register. I am sure it will have taken note of what the noble Baroness has said. Supporting registration in this way is a responsibility of the commission at national level and of local authority EROs at local level. It is our role to ensure that the EROs and the EC have the tools necessary to fulfil these functions.
Therefore, it is not clear to the Government that any specific strategy to increase the registration levels of private tenants is necessary. I acknowledge the points the noble Baroness has made, and I beg her to withdraw her amendment.
Baroness Hayman of Ullock (Lab)
I thank the Minister for his response and I beg leave to withdraw the amendment.
Lord Hayward
“Evidence of full name
In Rule 6 of Schedule 1 to the Representation of the People Act 1983 (nomination of candidates), in paragraph (2)(a) after “full names” insert “, as evidenced by a birth certificate or passport”.”
Lord Hayward (Con)
My Lords, this is a small group of technical amendments, and I will speak to Amendments 88 and 91 first. When I quoted Richard Mawrey of the elections court on Tower Hamlets earlier today, I referred to Mr Kabir Ahmed. He had actually changed the spelling of his name to ensure that it was impossible to trace him from his previous electoral background from one borough to another. It is not a common case. I checked with the AEA, and it said there was no requirement that people should use a standard name. This is a probing amendment to establish how we can go about ensuring that people validly put in genuine nominations and do not try to hide their background.
Equally, Amendment 91 concerns an anomaly which has already been dealt with by the Senedd in Wales—the use of commonly used names. It makes sense as it stands but in this regard I give credit to the noble Lord, Lord Norton, my colleague in room 23. Where somebody uses their given name, as per christening, they are not entitled to use it in terms of nomination papers. For example, Harold Wilson would not have been allowed to give his name as Harold Wilson and James Callaghan would not have been entitled to give his name as James Callaghan, because they were not “commonly known as” names but their middle names, and this is currently illegal. Therefore, all I am trying to do is to set right an anomaly which I am sure was never intended.
Moving on to Amendment 89, as my noble friend the Minister knows, during Covid we reduced the requirement for nomination signatures from 10 to two. I wrote to him on 17 January raising the possibility of extending this allowance—that we stick with two signatures rather than 10. If there are objections based on the fear that there will be large numbers of candidates because you have reduced the required signatures from 10 to two, first, it did not happen last year, and secondly, a better way of imposing a restriction would be to require a deposit rather than 10 signatures. I am dealing with these amendments briefly because I am conscious the House wants to make progress.
Of the two other amendments in this group, one deals with the curious anomaly of incorrect declarations. If, by chance, an inaccurate declaration of a result is made and the wrong person is declared elected, it is necessary to hold a by-election. That happens surprisingly regularly, virtually every year, even though people are aware of it. It is an unnecessary expense, and I am working on the basis that all parties would come to an agreement at the count that there had been a declaration error. I am conscious that even in a general election—as in West Bromwich at the last election, where we came very close to an error—incorrect declarations are regularly made. It is an anomaly that these declarations cannot be corrected at a count where all parties are in agreement. I just wanted to put on record that there ought to be a solution to that.
My final amendment in this group concerns something I touched on at Second Reading: the mess we have in electoral law, in that there are exclusions for police and crime commissioners which do not apply to local councillors, and which do or do not apply to Members of Parliament when standing for election. It seems logical to me that we should have the same exclusions for any election, not just a hotch-potch in terms of the requirements of exclusions.
I have covered the five amendments very quickly, and I hope I have done it sufficiently satisfactorily for people to understand the objectives. As far as I am concerned, most of them are probing amendments, but on Amendment 89, I really do believe that the reduction in the number of signatures from 10 to two for local government elections should continue to apply. I beg to move.
Lord Shipley (LD)
My Lords, I would like to comment on Amendments 88 and 89 because for me—and I have read quite a lot of the background—I fear they represent solutions in search of a very significant problem.
Amendment 88 requires the production of a birth certificate or a passport to secure nomination as a candidate. It is not clear to me what widespread problem is being solved by this, nor what problems might actually be created by introducing such requirements. The noble Lord, Lord Hayward, has given one or two specific examples, but it seems to me that a solution which then requires every candidate to produce a birth certificate or a passport when they put in a nomination form is excessive. It is also not clear to me why a passport and a birth certificate have been selected as forms of identification but not a driving licence, which contains a name, or a national insurance number, behind which exists a name. I look forward to hearing the Minister’s response, because it does seem to be a proposed solution to a problem which is not that significant.
Amendment 89 would reduce the number of signatures for local nomination from 10 to two. I understand the circumstances in which, during Covid and the pandemic, the reduction to two was wise, because there were difficulties with people speaking to each other. However, in general terms, reducing the total number of signatures to two seems insufficient for nomination to elected positions that carry substantial responsibilities. I remain of the view that 10 is a better number than two.
Lord Khan of Burnley (Lab)
My Lords, these amendments tabled by the noble Lord, Lord Hayward, the bulk of which are new clauses to be inserted after Clause 2, relate to the administration of elections.
Amendment 88 deals with the nomination of candidates. At present, the Representation of the People Act states that the nomination papers must include the candidate’s full name. The effect of the noble Lord’s amendment would be that a candidate must provide a birth certificate to evidence this. Although I understand the noble Lord’s concerns that the process currently lacks this kind of specific identity check, there is currently a safeguard in the sense that candidates must be registered to vote, and identity checks can take place during the process of registering to vote. None the less, the noble Lord raises valid points on what checks take place on candidates, and I hope the Minister can provide assurances.
Amendment 89 also deals with nomination papers but focuses on the number of electors who must assent to the nomination. The noble Lord has the full support of these Benches for that amendment. Under the current system, regulated by the Local Elections (Principal Areas) (England and Wales) Rules 2006, a candidate must collect the names of a proposer, a seconder and eight other electors. In total, this means that 10 electors must be found.
Amendment 91 also relates to nominations but instead would have the effect that a candidate might select their commonly used name. This seems an entirely sensible step, but I would be grateful if the Minister could confirm whether this is already possible under current regulations. The Committee will no doubt appreciate that many candidates do not use their full name. For example, in Uxbridge and South Ruislip, ballot papers do not list the Prime Minister as Alexander Boris de Pfeffel Johnson.
Amendment 90 has a different focus and relates to the declaration of a result. Under this amendment, where a result is incorrectly declared in local elections and there is agreement between all candidates, a revised declaration may be made. I would be interested to hear what recent examples there have been of an incorrect declaration. Although it seems entirely right that there should be a means of challenging this, we should also consider whether there is a role for the returning officer in the process.
Finally, with Amendment 208 the noble Lord draws attention to the variation in criteria used for excluding candidates for certain elections. In its guidance to prospective candidates, the Electoral Commission warns that the full range of disqualifications is complex. There would certainly be merit in increasing the understanding of those exact disqualifications. As always, I look forward to the Minister’s response to see whether he can give any assurances in this area.
Lord True (Con)
My Lords, the amendments proposed by my noble friend Lord Hayward seek to make a number of changes concerning aspects of the electoral process. I thank my noble friend for his continuing engagement on and interest in electoral matters, which is respected across the House. I will address his amendments in turn. I recognise the intention behind them; the Government share his interest in clarifying and streamlining electoral regulation, but we must be mindful of the length of the changes already contained in the Bill, which has been subject to consideration. In that context, I hope he will understand if they are not all changes we can take forward in this legislative vehicle, but we will continue to work with him and others to undertake the consideration needed for the changes to electoral law separately where appropriate and where there is an opportunity to do so.
Amendments 81 and 91 concern the naming aspect of nomination rules. I understand the noble Lord’s intention to ensure there is no room for confusion for voters on the personal identity of a candidate standing for election. However, in relation to Amendment 88, I am advised that candidates are already required to state their full name in their nomination paper. I can confirm also that it is already an offence for a person to give a name in their nomination paper that they know to be false. This includes giving a name with a different spelling. We do not therefore consider it necessary to make the changes set out in the amendment. I hope my noble friend is reassured that the law already includes appropriate safeguards against candidates providing false information.
On Amendment 91, under the current law, a person who is nominated as a candidate must give their full name but may also provide a commonly used forename or surname, which must be different from any of the names already given, which they would like to have included on the ballot paper. However, this does not facilitate the use of a middle name where someone is commonly known by such a name. The suggestion of my noble friend that a middle name might be allowed as the “commonly known as” name has some merit and I remain open to further discussions on it.
Similarly, I and the Government remain open to further discussion and collaboration on the proposal in Amendment 89 for the numbers of subscribers for local election nominations to be reduced from the 10 currently required. Minister Badenoch has written to my noble friend to set out the Government’s position; we are supportive in principle, but we must remember that the decision to reduce temporarily the number of signatures required to stand for certain polls for May 2021 was taken in the context of the Covid-19 pandemic. It was only ever intended to be a temporary solution and the Government have not yet consulted on or conducted research into the impact of making the change last year.
As signatures are presently seen as a necessary check—the noble Lord, Lord Shipley, spoke about this—to ensure that candidates have some level of support within the local electorate, and the policy seeks to avoid having candidates with no real hope of being elected on ballot papers, which can increase the burden on administrators and cost to the public purse, the Government wish to consult further with the Parliamentary Parties Panel and others to identify views and issues. As I say, we heard dissent from the Liberal Democrat Benches on that. This is not to undermine in any way the statement in principle made by the Minister to my noble friend, but to ensure there is careful consideration of the consequences of such a change. Subject to the outcome of that consultation, we will look to start the necessary work to put any new arrangement in place for elections in May 2023. I have asked my officials to keep my noble friend updated on progress.
Amendment 90 proposes to reform the process around incorrect declaration of results. Once a result is declared and made public, the result stands and can be undone, as my noble friend explained, only through a formal election petition process, a court process which serves as a safeguard against elections being improperly run or adversely affected by illegal activity. The law purposefully sets clear requirements and a short timeline in which to bring a challenge. I recognise that this has led to issues in the past where an incorrect name has been called out as winning a seat and then a petition was required to resolve it. Fortunately, in recent years such a problem has been addressed by the returning officer, with the agreement of candidates, correcting the initial mistake before they have finalised their declaration process, although that does not cover all the instances my noble friend was talking about. While we are sympathetic to the issues he has raised, any statutory changes in procedures for the certification and declaration of results have the capacity to have an impact on the outcome of elections. This requires careful consideration. We will consider it further, but there is no time to complete such consideration effectively within the time allowed for passage of the Bill.
Finally in this group, Amendment 208 would require the Government to consult on the variations in criteria to stand at different polls. We hold elections to a wide variety of offices and bodies in this country, which necessarily perform a wide variety of functions. Consideration is given to the criteria for disqualification of candidates on a case-by-case basis to suit the functions of the role for which the person seeks election.
There are good reasons for having different disqualification rules for different offices. For example, the rules governing who can be a candidate in police and crime commissioner elections and hold the office of a police and crime commissioner are the strictest of all those for elected roles in Great Britain, because the role is focused on direct oversight of the police, and because of the need for public trust in the management of police forces.
I am sorry to disappoint my noble friend on this, but the Government’s view is that a consultation on the requirements for standing at different elections and on disqualification rules is not an immediate priority. For this reason we cannot accept the amendment, but I can assure my noble friend that—as he knows from the engagement we have had—he has put these points on the table for consideration, and they will not be lost for consideration even if they cannot be addressed in the Bill. In the light of that, I ask him to withdraw his amendment.
Lord Hayward (Con)
I thank my noble friend for his positive replies to a number of the amendments, and I apologise for the fact that, in my need for haste earlier, I did not give credit to both him and his officials for having taken the time to discuss these issues with me. I should therefore put that on the record now. In light of his broadly positive approach to the amendments —as I said, they were primarily probing amendments on technical matters—I beg leave to withdraw the amendment.
Lord Collins of Highbury
Member’s explanatory statement
This amendment would probe the expiration period of postal votes.
Lord Collins of Highbury (Lab)
I will move this amendment on behalf of my noble friend Lady Hayman of Ullock. At the outset I want to make it clear that we support steps to ensure that the use of postal votes has integrity, and we want to ensure that any evidence of abuse is properly dealt with. So there are issues in the Bill on which we concur. But I will make the general point that, certainly from 2001 to 2005, when there was a push to open up postal voting, I have been on the register for a postal vote. That was mainly because my job at that time involved travelling all around the country, campaigning in other constituencies, which meant I was rarely able to vote in my own.
If my noble friend Lady Quin had been here, she would have given us some specific examples from Tyne and Wear, where used to be her constituency. She saw turnout go from an average of 20% to 50%, and she points out that eight of the top 10 constituencies for postal voting were in the Tyne and Wear area. So there is clear evidence that, in terms of engagement, involvement and trying to increase turnout, postal votes have a very important role.
That is why we want to probe a little more, particularly with Amendment 92A, on why postal votes expire after three years when Parliaments last longer. We would prefer five years, as we have put down in our amendment. I would like to hear from the Minister why the Government have set the limit at three years, and what the conditions for that are, when five years might be more appropriate. We would be pleased to hear his arguments.
The noble Lord, Lord Scriven, has raised other issues, and I want to ask again why the number of postal votes that may be taken to a polling station is in secondary legislation. If there is an issue of principle, why is that not in the Bill, rather than in secondary legislation? Those are my brief comments, in particular on Amendment 92A. We really just want to probe why the Government have set a period of three rather than five years. I hope we can ensure that postal votes remain an important feature of our electoral system.
Lord Scriven (LD)
My Lords, I wish to speak to the amendments in my name in this group, namely Amendments 96A, 96B, 96C and 96D. The Government have proposed limiting the number of postal votes a voter can hand into polling stations or to the returning officer to two. This would be specified in secondary legislation and is not on the face of the Bill in Clause 5. Secondary legislation could also require that the person must complete a form if handing in a postal vote. While we on these Benches recognise that there have been cases of postal vote fraud reported at some elections, the rationale for the limit of two has not been set out. In any case, whatever limit is specified may be easily circumvented.
Clause 5 ultimately derives from the recommendation in the report from Sir Eric Pickles—as he then was; now he is the noble Lord, Lord Pickles—on securing the ballot in 2016. It said:
“Completed postal ballot packs should only be handed in at a polling station by the voter or a family member/designated carer acting on their behalf—a limit of two should be applied for any one person handing in completed ballots and require an explanation as to why they are being handed in and signature provided.”
The justification offered in the report, that postal votes handed in on the day might be subject to less scrutiny and checking than postal votes arriving sooner, is simply inaccurate. All returning officers perform the same checks on postal votes regardless of when they are received. Placing a limit on the number of postal votes that could be handed into a polling station might be an effective tool in deterring people from turning up at polling stations with a higher number of postal votes. However, it would not stop industrial-scale vote harvesting. This is because, under the Government’s proposals, a person could still collect any number of postal votes and post them prior to polling day, although any political campaigner who did so would certainly commit an offence under the new Section 112A of the Representation of the People Act 1983 inserted by Clause 4.
It is unclear how the secondary legislation will be cast in respect of council offices, where returning officers are usually based. For example, does using a postal box in the wall of the office constitute returning by hand to the returning officer? If it does, it would mean posting boxes at council offices would have to be sealed during the election period, or a member of staff would have to be stationed at said postal box 24 hours a day in order to prevent people returning more than the prescribed number of postal votes. This would create unnecessary difficulty in delivering other items to a council. Perhaps legislation is intended to capture only the handling of postal votes, at a reception desk for example. Moreover, there seems to be no reason why someone who posts a voting pack back in a posting box at council offices should face any additional hurdle compared with a person posting in a post box elsewhere.
So Clause 5 will not prevent postal vote harvesting and could easily be circumvented. Yet the Government’s proposal will cause additional complexity and delay, for example if a form has not been filled in, or a voter turns up at an office or a polling station with too many postal votes. Potential lengthy or adversarial discussions about the fact that the postal vote would be rejected could take place.
The reason I am asking for an amendment to Clause 5 to include a limit of five and not two, notwithstanding the problems I outlined, is that it would enable family households to hand in votes more easily, as there are fewer households with more than five adult members. I also think that any limit should be set out in the Bill, rather than the Secretary of State being able to determine it in secondary legislation. I ask the Minister to clarify how these provisions will operate at council offices, where returning officers are based, and to give a justification for the limit of two, particularly in light of the fact that many households have more than two adults living there.
Lord True (Con)
My Lords, these amendments investigate some of the safeguards for postal ballots introduced in the Bill. I welcome the underlying sense of the comments made: the Committee recognises that, as we move through the suite of arrangements which the Government suggest to protect electoral integrity, there is more support here than there was for the first measure.
Clauses 3 to 7 require voters to apply more frequently for a postal ballot, ban political campaigners from handling postal ballots, introduce, as the noble Lord, Lord Scriven, just explained, new limits on the number of postal ballots that can be handed in, limit the number of electors for whom someone can act as proxy and increase secrecy protections for absent voters. As has been said, all these changes implement recommendations in the report by my noble friend Lord Pickles into electoral fraud, which suggested addressing weaknesses in the current system. We submit that they are sensible safeguards against known vulnerabilities and, taken together, they will reduce the opportunity for unscrupulous individuals to exploit the process and steal votes, as we have seen in Tower Hamlets—often referred to in your Lordships’ House—but also in other locations mentioned during debates in the other place, such as Peterborough, Birmingham and Slough.
I noted the points made by the noble Baroness, Lady Hayman of Ullock, on her amendments and her amendment probing the expiration period of postal votes, in which the noble Lord, Lord Scriven, also expressed an interest. Currently, an elector may have a postal vote on an indefinite basis as long as they provide a signature sample every five years. The noble Lord, Lord Collins of Highbury, has benefited from this.
The Pickles report recommended that voters should reapply for a postal vote at least every three years as a safeguard to prevent postal voter fraud. More frequent applications would not only enable EROs to regularly assess a person’s application and confirm whether they are still an eligible elector but give an opportunity for someone who was initially pressurised—that is obviously not the case for the noble Lord—into having a postal vote to break out of that situation and thus not have their vote influenced on an ongoing basis. Additionally, ensuring that electors’ details are kept up to date and that each postal voter’s signature is refreshed more frequently will reduce the likelihood that their postal vote is rejected should their handwriting change over time. You have only to ask my wife to hear how illegible mine has become in recent years.
The Government consider that the timeframe of three years still enables a person to have a postal vote for a reasonable length of time, while ensuring the person normally replies during every Parliament.
Lord Stunell (LD)
I thank the Minister for giving way. I understand the logic he is setting out. Do the Government intend that that this three-year renewal process will also apply to overseas voters added to the list to assess their eligibility and so on?
Lord True (Con)
My Lords, had the noble Lord not made a very legitimate intervention, I would have read the next sentence. While an indefinite postal vote presents a significant security concern, we must also recognise that annual applications for overseas electors goes too far in the other direction and creates an excessive burden for administrators. That was perhaps the implication of his intervention.
Therefore, in order to ensure that arrangements remain harmonious across domestic and overseas electors, we will extend the registration period for overseas electors from one up to three years and tie the three-year postal vote cycle in with the new three-year cycle for renewal of overseas electors’ declarations. Overseas electors will be able to reapply or refresh their absent vote arrangements as appropriate at the same time as renewing their declaration. This alignment between absent vote and renewal arrangements will encourage overseas electors to remain on the register.
We recognise that this means more time spent on processing by electoral administrators. To balance that, we are working to introduce an online application process. This will benefit electors and is very much welcomed by administrators in reducing handling of paper and enabling automation.
Of course, the Government recognise the importance of having transitional provisions in place for existing long-term postal voters, so under the Bill those voters will continue to be able to vote by post until either the 31 January following the commencement of the provision or, if this is sooner, the 31 January following the commencement date by which the postal voter would normally be expected to provide a fresh signature. These arrangements will ensure that the change is phased in over a reasonable period of time. Electoral registration officers will be required to send a reminder to existing postal voters in advance of the date they cease to have a postal vote and provide information on how to reapply for a postal vote.
The amendments tabled by the noble Lord, Lord Scriven, to Clause 5 seek to prevent the powers of the clause to limit the number of postal votes that can be handed in from being used to impose any limitations on handing in via a council posting box and set a minimum of five for any limitation imposed in secondary legislation. There is significant concern that permitting a high number of postal votes to be handed in could facilitate electoral fraud and undermine the integrity of elections. This has been a long-standing issue in elections and has undermined confidence in the system. It does a disservice to many legitimate electors who make use of postal votes for valid reasons. Setting a limit on the number of postal votes that can be handed in is therefore necessary in our judgment. This clause will allow regulations to require persons handing in postal votes to complete a form giving details of the numbers they have handed in, which will help promote compliance with the new requirements and aid investigations into allegations of fraud.
However, I heard the point the noble Lord, Lord Scriven, made about the number, and his suggestion of five. We will keep his suggestion in mind as we continue to work with the Electoral Commission and electoral stakeholders on the issue as we develop the legislation. However, we will maintain the position that the permitted number should be confirmed in secondary legislation, giving time for further consultation. This is the right place for such details and allows flexibility for change should it be needed later if the figure initially established does not prove to be right in practice. I hope that with those assurances noble Lords will feel able to withdraw or not move their amendments.
Lord Collins of Highbury (Lab)
I thank the Minister for his explanation. In light of those comments, I beg leave to withdraw the amendment.
Lord Collins of Highbury
Member’s explanatory statement
This amendment would mean that an offence is only committed if the person knowingly handles a post voting document.
Lord Collins of Highbury (Lab)
My Lords, I stress that this is a series of probing amendments to try to better understand the sort of guidance that might be issued and ensure that people engaged in campaigns and the electoral process are not caught out by some genuine error or mistake. I know from when I have been out campaigning that somebody will often say, “Do you mind taking this postal vote to the postbox?” or something like that. People ask for all kinds of assistance innocently, so it is really important that we do not catch people out. We have also raised the question of how families and households may operate. Again, clear guidance needs to be provided.
Baroness Scott of Bybrook (Con)
My Lords, these probing amendments seek to test the defence for political campaigners set out in Clause 4, which bans said campaigners from handling postal votes issued to other persons. Clause 4 is designed to address activities and behaviours that have been a cause for concern at previous elections, such as the practice of postal vote harvesting whereby voters are coerced or tricked into completing their postal voting statement before handing over their papers with the ballot paper unmarked to campaigners to be taken away and filled in elsewhere.
Amendment 93 seeks to provide that a person commits an offence only if they knowingly handled a postal vote issued to another person. The clause currently provides that it is a defence for a political campaigner charged with the offence to show that they did not dishonestly handle the postal voting document for the purpose of promoting a particular outcome at an election. This Government entirely share the concern that no offence should criminalise innocent behaviour. For this reason—
Lord Stunell (LD)
I thank the Minister for her explanation. In preparing for this particular debate, I looked at the defence that is set out on page 2 of the Bill—I thank the Minister for reading that into the record. It further says, in new Section 112A(5), inserted by Clause 4, that
“the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.”
The burden of proof there is upon the prosecution. I mention this because, as a political campaigner who quite often gets asked to take a postal vote and hand it in on behalf of an elector, it is clearly of considerable importance to know that we are—if you like—excluded from the purview of this particular offence.
Baroness Scott of Bybrook (Con)
I think that all of us campaigners have been asked the same question many times on the doorstep.
This Government entirely share the concern that no offence should criminalise innocent behaviour. We have been especially careful to target the wording of the new offence to ensure that it is reasonable and proportionate where somebody acts with honest intentions. For these reasons, the Government consider that the offence provisions are appropriately worded and are therefore unable to accept that amendment or the others in this group.
In fact, against the concerns of Amendment 94, new Section 112A(2) of the Representation of the People Act 1983, inserted by Clause 4, already provides that a person who handles a postal voting document for use in a relevant election does not commit an offence if they are responsible for or assist with the conduct of that election and the handling is consistent with the person’s duties in that capacity.
Amendment 95 seeks to exempt legal guardians from the offence. There is an exemption in the clause for a political campaigner, if they are close family—
“spouse, civil partner, parent, grandparent, brother, sister, child or grandchild”—
of the other person whose postal vote they are handling. Legal guardians are not included, as they do not have the relevant powers when acting for adults, and their powers are primarily to do with decisions about a person’s medical care and their finances.
Amendment 96 also seeks to change the definition of political campaigner for the purposes of postal vote handling offences to include those who have donated to a campaign. The definition in the Bill is comprehensive and includes candidates, electoral agents and members of a registered political party who carry on an activity designed to promote a particular outcome at an election. Donating to a campaign is not the same as actively canvassing. Therefore, I am not persuaded that it should be amended to such a disproportionate extent. For this reason, I beg that the amendment is withdrawn.
Lord Collins of Highbury (Lab)
I thank the Minister for her response and, in light of her comments, beg leave to withdraw the amendment.
Baroness Hayman of Ullock
“(2) Schedule 4 must not come into force until the Secretary of State has made a statement to Parliament on the impact on people with disabilities.”Member’s explanatory statement
This amendment would probe the impact of proxy vote limitations on people with disabilities.
Baroness Hayman of Ullock (Lab)
My Lords, I have tabled Amendments 96E to 96J. Similar to the last group, these are probing amendments on the proposals for proxy votes. During the progress of the Bill, the Government have given a number of instances to demonstrate where proxy voting has been abused in the past. It was notable in the PACAC oral witness evidence that Helen Mountfield QC said that, in her view,
“It is uncontroversially a good thing to stamp down”
on people holding multiple proxy votes. PACAC agreed with the Government that it is sensible to limit the number of proxy votes that can be exercised by individuals to two for domestic electors and four for overseas electors.
My Amendment 96G is the same kind of probing amendment on proxies as that just spoken to by my noble friend Lord Collins on postal votes. What happens if somebody accidentally voted on behalf of four or more electors, without appreciating that this was no longer allowed? It is just about ensuring that people are given proper guidance and information by local authorities and that the local authorities have the proper guidance and information, so that these sorts of mistakes do not happen.
I have just mentioned PACAC. The Electoral Commission also made a few points, because proxy voting is clearly an important option for people who cannot vote in person. It said:
“Changes to limit the number of voters for whom a person may act as a proxy could disadvantage some people who need someone to vote on their behalf.”
That comment was the reason behind tabling Amendment 96E, which probes the impact of proxy vote limitations on people with disabilities. Clearly, people with disabilities often need some support or someone to vote on their behalf.
As we know, when a voter applies to appoint a proxy, to protect against fraud, they are already required to state their relationship to the proposed proxy and the reason they cannot attend the polling station. My Amendment 96H is because I thought it would be interesting to draw attention to economic crime and election fraud, and to probe whether there is any evidence or information of any connection between the two. That is the purpose behind that particular amendment.
In the 2019 UK parliamentary general election, we know that some overseas voters struggled to find a proxy in their constituency. Tightening the limits on the number of people for whom a voter may act as proxy could potentially make it harder for overseas electors to cast their vote. This is where my Amendment 96F comes in. It probes why the number of four electors was chosen. Has the impact on overseas electors been taken into consideration?
Finally, Amendment 96J looks to probe the application of this particular schedule to parliamentary by-elections. Do Ministers have any information as to whether there has been any kind of impact assessment? Has any thought been given to the impact on different kinds of elections, in particular by-elections? I beg to move.
Lord Scriven (LD)
My Lords, I support the amendments in the name of the noble Baroness, Lady Hayman. These Benches concur with a lot of what she had to say. When I asked why the number of postal voters should not be in the Bill, the Minister replied that it was better to deal with it flexibly, under secondary legislation. I note that the Bill states that the number of proxy votes which can be used by an elector is four. What is the difference between having this in the Bill for proxy voters but not for postal voters?
Lord Wallace of Saltaire (LD)
My Lords, I have a question more out of ignorance than expertise. I am old enough to have gone round as a young man in the days when different parties competed in treating the matrons of care homes, and relying on them to collect all the votes up and make sure that everyone voted in the right direction. I am sure that that no longer happens—let us hope that it is something that we left behind in the 1960s. However, this raises questions about care homes. How are people assisted to vote? Who posts their votes for them or holds their proxies? I wish for a little assurance about this.
Baroness Scott of Bybrook (Con)
My Lords, in answer to that question from the noble Lord, Lord Wallace, keeping the numbers at four and not allowing anybody to have as many proxy votes as they like will help control this sort of behaviour. We all know that it happened in the past.
I will get an answer on why postal votes are to be in guidance and proxy votes are in the Bill, and write to the noble Lord, Lord Scriven.
I turn to the amendments concerning the measure in the Bill designed to strengthen the current arrangements for proxy voting. Currently, somebody can act as a proxy for up to two electors and for an unlimited number of close relatives in any constituency in a parliamentary election, or any electoral area at a local election. This can give rise to situations where somebody could cast an extremely large number of proxy votes, over which they could also exercise undue influence. This is where the issue of care homes and such like comes into play.
The Bill introduces a new limited of four on the total number of electors for whom a person may act as a proxy in UK parliamentary elections or local government elections in England. Within this figure, no more than two may be domestic electors—that is, electors who are not overseas electors or service voters. All four may be overseas electors or service voters. This approach will tighten up the rules on proxy voting, while also providing appropriate support for overseas electors and service voters wishing to appoint a proxy.
Baroness Hayman of Ullock (Lab)
I thank the Minister for her comprehensive reply. I was particularly pleased to hear that disabled people will be able to apply for a permanent proxy vote; that is very useful to know. On that basis, I beg leave to withdraw the amendment.
Lord Khan of Burnley
Member’s explanatory statement
This amendment expands the offence to include attempting to communicate the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election.
Lord Khan of Burnley (Lab)
My Lords, the amendments in this group all relate to the secrecy of the ballot. Amendment 97 from my noble friend Lady Hayman would expand the offence to include attempting to communicate the number or other unique identifying mark on the back of a ballot paper sent to a person for voting by post at a relevant election. Amendment 100, meanwhile, expands the offence to include those who obtain or attempt to obtain information or communicate at any time to any other person any information as to whether a person voting by post at a relevant election has spoilt their ballot.
The purpose of these amendments is to draw attention to the various ways that an individual could circumvent the secrecy of the ballot for nefarious purposes. I am sure the Minister would agree that legislation must cover each of the possible intrusions. Given that this is not the only legislation that deals with voting in private, I hope the Minister can assure the House that this amendment is not necessary and that this is already an offence.
Government Amendments 83, 99, 101 and 102, meanwhile, each make minor changes to inserted Section 66(3A) of the Representation of the People Act 1983. These all appear to be technical amendments which I have no intention of opposing, but I look forward to the Minister explaining their purpose in more detail.
Government Amendment 103 ensures that no criminal liability arises where information is sought from, or given by, a postal voter at an election for the purposes of an opinion poll or exit poll. Again, this amendment seems to be a technical clarification which has been rightly introduced.
Finally, Amendment 109 from the noble lord, Lord Hayward, allows for a more general debate on the secrecy of the ballot. It would mean that the Secretary of State could issue guidance on steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations, including debarring anyone accompanying the elector into the polling booth, unless on grounds of infirmity. This raises issues similar to those raised in earlier amendments from my noble friend Lady Hayman regarding how we can ensure that votes remain private. The noble Lord is right to table this amendment and to draw attention to further ways that this principle could be compromised. I hope the Minister can allay the House’s concerns ahead of Report. I beg to move.
Lord Hayward (Con)
My Lords, earlier this evening the noble Lord, Lord Adonis, made reference to the original secret ballot of the 19th century. To a large extent, what we have seen over the last 150 years is what should happen: a ballot should be secret, in that one person goes into the polling booth alone, marks their vote and then casts it in the ballot box. Unfortunately, because of a series of interventions, with the Electoral Commission and others denying who is interpreting the legislation in whichever way, this issue has been called into question. I am going to cite Tower Hamlets again, but I know that this problem is broader than that. Too regularly, presiding officers in polling stations are faced with a problem whereby people attempt to accompany somebody else into the polling booth, effectively to influence the casting of that ballot.
I can do no better than to quote research undertaken in 2018 by Democracy Volunteers, an organisation of lawyers who operate a system of reviewing the processes of elections, within Tower Hamlets and other similar locations. I make no apologies for quoting the research in full:
“QUESTION 9. Was there evidence of ‘family voting’ in the polling station? … In 58% of polling stations our observer teams identified so-called ‘family voting’. OSCE … describes ‘family voting’ as an ‘unacceptable practice’. It occurs where, generally, husband and wife vote together. It can be normalised and women, especially, are unable to choose for themselves who they wish to cast their votes for and/or this is actually done by another individual entirely. It is a breach of the secret ballot. We identified this in 58% of polling stations (74 separate occasions). As family voting, by definition, includes more than one person this means that we observed this 74 times in the 764 voters we observed. This means that over 19% of all the voters who we observed were either engaged in, or affected by, this practice.”
This is the key qualification:
“We would, however, like to add that the vast majority of cases of this were prevented, or attempts were made to prevent it. However, we believe that this constitutes an unacceptably high level of family voting in an advanced democracy and further steps should be taken to discourage and prevent it. However, this activity is generally not the fault of polling staff, in fact we commend the staff for being so active in their attempts to prevent it.”
As one of the observer teams said:
“Family voting is a definite concern in Tower Hamlets. At the best-run polling stations, the Presiding Officers kept an active watch for potential cases and took steps to prevent it happening. They took care to issue ballot papers to family members one at a time, and then direct them to polling booths in different parts of the room. With three members of polling staff, this meant that while two clerks checked the register and issued papers, the”
polling officer
“could remain vigilant for possible family voting or other problems. All the observed cases of family voting took place when the”
polling officer
“was absent or distracted, or their attention was elsewhere.”
There is no criticism here of the polling staff; they try to do their best. But I am afraid, as this report from Democracy Volunteers identifies, that this is a far too pervasive problem, and we need clear guidance. Most people believed that we had clear guidance for a century and a half, but because of varying interpretations, my amendment is an attempt to ensure that we move away from this practice and back to what was originally intended.
As the noble Lord, Lord Khan, identified, I have tried to allow for those people who need accompaniment. As we heard from the noble Lord, Lord Holmes, in a previous debate, there may be other people in similar circumstances who need assistance. Generally, the assistance will come from a polling officer, but there may be special reasons why somebody needs accompaniment from a member of the family. However, these should be virtually unique occasions, not—as the report from Democracy Volunteers identified—a pervasive problem. I therefore believe that my amendment is attempting to tackle a problem which is quite widespread and needs clarification, and that it is in the best interests of conducting elections across the country.
Lord Scriven (LD)
My Lords, it is a pleasure to follow the noble Lord, Lord Hayward. As an aside on families and secrecy of the ballot, I have had to ask somebody to be a proxy only once: during the very fraught referendum on Brexit, I had to ask my husband. I can tell your Lordships that, to this day, I still do not know which way I voted. I think I know which way I voted, but the secrecy of the ballot is absolutely sacrosanct, and I do not know.
On a more serious point, these Benches support the raft of amendments in the name of the noble Baroness, Lady Hayman, and those in the name of the Minister that support the secrecy of the ballot. The only difference we have with the noble Lord, Lord Hayward—this has been an ongoing issue with him—is that if guidance has to be given on such issues, it probably would be better coming from the independent Electoral Commission rather than the Secretary of State, although we do not dispute that such guidance would be helpful. However, we understand from previous discussions and debates with the noble Lord, Lord Hayward, why he seeks the Secretary of State giving such guidance, but if it was to come, we feel that it should come from the Electoral Commission. With those points, we support these amendments.
Lord Adonis (Lab)
My Lords, the figures that the noble Lord gave will of course be of concern to the Committee and to any reasonable person following our proceedings. I have just been reading the Ballot Act 1872, Section 2 of which makes it clear that the vote shall be secret. It makes no reference to anybody conducting a voter and is particularly scrupulous, because of the great concern that there might be intervention by public authorities, that the presiding officers and staff in polling stations are kept completely apart from the act of voting; all they can do is check that the official mark has been made. The noble Lord’s point is well made, whether it is the Electoral Commission or the Secretary of State—although one would hope that the Secretary of State would be acting on the Electoral Commission’s advice on this matter anyway.
Baroness Scott of Bybrook (Con)
My Lords, as has been said, these amendments are to Clause 7, which concerns the important issue of the secrecy of the ballot for postal and proxy voters. The clause extends the requirements currently in place to protect the secrecy of voting for persons voting in polling stations to postal and proxy voting. These sensible change implementations are an important recommendation from the Pickles report.
First, in bringing forward government Amendments 98, 99 and 101 to 103, we have listened to feedback from political parties about the scope and effect of the provisions as drafted. Currently, the clause includes provisions that make it an offence for a person to obtain, attempt to obtain or communicate to anyone information about whether a postal voter has voted or about the candidate for whom they have voted. As drafted, this applies for the whole period that the elector is in possession of their postal ballot paper, which could be up to three weeks.
We now recognise that this approach goes beyond what is helpful to protect the voter and strays into unnecessarily criminalising not only legitimate political activity to engage electors in campaigns but important public information, such as opinion polling. The amendments would limit the scope of these provisions by providing for it to be an offence for a person to seek information about for whom a postal voter has voted at the time they are completing their ballot paper, or to communicate such information obtained at that time. Campaigners could therefore seek and communicate information that they obtain outside this period. This is in line with the protection for voters in polling stations, who are protected when they are in that polling station.
The amendments would also remove the restriction on asking whether a postal voter has voted so that campaigners can ask a postal voter whether they have voted, to encourage them to do so. Further, under the amendments, the offence would not apply to opinion-polling activity asking how a postal voter has voted, or intends to vote, to avoid criminalising opinion pollsters. The amendments seek to address the unintended consequences that the provisions, as they stand, would have. They would narrow the scope of the provisions so that they do not prevent legitimate campaigning by political parties and candidates outside the time when a person completes their postal ballot paper or legitimate opinion polling at any time.
I reassure noble Lords that the measures will improve the integrity of the postal vote process by reducing the opportunity for individuals to exploit the process and coerce other voters. They will give greater confidence in the integrity of absent voting; I therefore urge the Committee to accept these amendments.
The amendments tabled by the noble Baroness seek to provide that attempting to communicate information about a person’s postal vote as well as actually communicating the information is covered in the secrecy offence. Also, the amendments seek to include in the offence obtaining or attempting to obtain information or communicating information about whether a person voting by postal vote has spoilt their ballot. The Government consider that these amendments are unnecessary, as I have explained. The amendments that the Government have tabled seek to bring the protection for postal voters into line with that for those voting in polling stations.
The amendments tabled by the noble Baroness would mean that there would be inconsistency in the requirements for voters in polling stations and postal voters, which would not favour them. I note that, currently, it is an offence for a person to obtain or attempt to obtain information or communicate information as to the candidate for whom a voter has voted in a polling station, and we are applying this to postal voters.
Spoilt ballot papers are not included in the existing provisions, which relate to the time when a voter is casting their vote. It is for the returning officer to decide if a vote has been spoilt and cannot be counted. That cannot be done before it is cast. To try to include such a provision could lead to uncertainty about the scope of the offence and the role of the statutory independent returning officer in making any such determination. The Government therefore cannot accept these amendments.
I turn to the amendment from my noble friend Lord Hayward, which would provide the Secretary of State with a power to issue guidance on the steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations. I reassure noble Lords that the Government take this and the concerns that have been raised very seriously. The Government’s view is that the secrecy of the ballot is fundamental to the ability of voters to cast their vote freely, without undue pressure to vote in a certain way. The Government fully endorse the principle that someone’s vote must be personal and secret, and that no elector should ever be subject to intimidation or coercion when voting. There are already provisions in place in electoral law to ensure the secrecy of voting in polling stations. The current legislation requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a child of a voter, a formal companion or a member of staff.
Returning officers and their staff in polling stations are responsible for making sure that these requirements are upheld. In this way, they are supported by the Electoral Commission, which issues guidance to returning officers and polling station staff to help them to undertake their duties.
I note that the Electoral Commission guidance specifically advises polling station staff that they should make sure that voters go to polling booths individually, so that their right to a secret vote is protected. Therefore, I do not consider that it is the role of government to issue such guidance as provided for in the amendment. However, given the important concerns that have been raised on the secrecy of voting, Minister Badenoch will be writing to the Electoral Commission and the Metropolitan Police to confirm our common understanding of the position set out in legislation—that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purpose of supporting an elector with health and/or accessibility issues that need such support. We are confident that the Electoral Commission will be able to respond promptly, and I reassure the noble Lord and the rest of the House that we will report back on this matter.
For these reasons, I hope that the amendments from the noble Baroness and the noble Lord will not be pressed.
Lord Khan of Burnley (Lab)
My Lords, I thank the Minister for her response and the noble Lords, Lord Hayward and Lord Scriven, for their contributions. I want to say how impeccable the noble Lord, Lord Adonis, was in reading the Ballot Act 1872 in the space of this debate, and I congratulate him on his reading skills. In doing so, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment leaves out paragraph (c) from inserted section 66(3A) of the Representation of the People Act 1983.
“(d) obtain or attempt to obtain information, in the circumstances mentioned in subsection (3AA), as to the candidate for whom a person voting by post at a relevant election (“V”) is about to vote or has voted;(e) communicate at any time to any other person information obtained in contravention of paragraph (d).(3AA) The circumstances referred to in subsection (3A)(d) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.”Member’s explanatory statement
This amendment inserts, in substitution for paragraph (d) of inserted section 66(3A) of the Representation of the People Act 1983, provision clarifying the scope of the prohibition on obtaining or communicating information about the candidate for whom a postal voter has voted.
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 9, lines 21 to 24.
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 9, lines 21 to 24.
“(3BA) Subsection (3A)(d) and (e) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—(a) a published statement relating to the way in which voters intend to vote or have voted at the relevant election, or(b) a published forecast as to the result of that election which is based on information given by voters.(3BB) In subsection (3BA)—(a) “forecast” includes estimate;(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;(c) the reference to the result of the relevant election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.”Member’s explanatory statement
This amendment ensures that no criminal liability arises where information is sought from, or given by, a postal voter at an election for the purposes of an opinion poll or exit poll.
“(1) After section 114 of RPA 1983 insert—“114A Undue influence(1) A person is guilty of a corrupt practice if the person is guilty of undue influence.”Member’s explanatory statement
This amendment inserts section 114A into the Representation of the People Act 1983, which contains a new undue influence provision that applies in relation to parliamentary elections and in relation to local government elections in England.
The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
We now come to the group beginning with Amendment 106A in the name of the noble Lord, Lord Wallace of Saltaire.
The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
Well spotted. The amendments are the wrong way round on Today’s Lists—apologies. The Marshalled List takes priority over the printed list so we will go back and take Amendment 106ZA.
Amendment 106ZA
Baroness Hayman of Ullock
Member’s explanatory statement
This amendment would expand the list of activities which may constitute undue influence to probe whether causing or threatening financial loss to a political party should be included.
Baroness Hayman of Ullock (Lab)
I shall move this amendment very swiftly because I was intending to spend most of this speech discussing what the noble Lord, Lord Wallace of Saltaire, said about his amendment, but I have missed my opportunity on that.
Amendment 106ZA is about expanding the list of activities which may constitute undue influence to probe whether causing or threatening financial loss to a political party should also be included. At the moment, it just refers to financial loss due to persons, but clearly undue pressure could be put on political parties, particularly the smaller political parties, around potential financial loss if they go down certain policy routes, for example. It is just to probe that, so I beg to move.
Lord Wallace of Saltaire (LD)
My Lords, I will speak to Amendment 106A. As I have already said to the Minister, this is very much a probing amendment. Clause 8 is an important clause. We all recognise that it has to be in any elections Bill. I note that in various references to the clause the statement is made that there is a need to clarify the law on undue influence. One of the things I asked the Minister in advance was whether he could tell us how often there have been successful prosecutions for undue influence, because it is not that easy to prove.
Lord Hayward (Con)
My Lords, I will follow on from the noble Lord, Lord Wallace, on undue influence. I think that a large part of this stems from Richard Mawrey’s judgments in the Tower Hamlets case. Anybody who has not experienced what the noble Lord, Lord Wallace, has clearly seen in places such as Bradford and Kirklees and I witnessed in Tower Hamlets will not appreciate what one is talking about, which is a serious problem. The first time I went to an election in Tower Hamlets a friend of mine, Councillor Peter Golds, to whom my noble friend Lord True referred, identified this: “See those people there? See that person there?” We are talking about people standing 100 metres to 150 metres away from a polling station. They walk alongside people going to vote. They stop people going into the polling station. When complaints are made to the police, the police feel that they are powerless to intervene. Anybody who has not experienced that sort of undue influence cannot appreciate the intimidation involved. I welcome the clause and the points made by the noble Baroness, Lady Hayman, and the noble Lord, Lord Wallace, because it is an important change to electoral law.
Lord Adonis (Lab)
My Lords, the underlying issue here clearly might lead to concern in certain circumstances, but the point I took the noble Lord, Lord Wallace, to be making is that this is a very new category of injury. I have never seen in legislation before the concept of “spiritual injury” or individuals being placed under “spiritual pressure”. Could the Minister give us any precedents for these terms in legislation so that we can get some idea as to what other matters they have referred and how they might actually be applied?
Although we can understand the issue, how do we define what counts as spiritual pressure? If, for example, a religious group put out literature supporting one candidate or another, as often happens, would that count as undue spiritual pressure? There could be a freedom of speech issue here, which I do not think we want to get into, so it would be useful if the Minister could explain to us other contexts in which this has been used so that we can get some idea of what a proportionate judgment on “spiritual injury” and “undue spiritual pressure” might be.
Lord Scriven (LD)
I want to follow on from the noble Lord, Lord Adonis, because his concerns were also mine. I am not clear what the definition of some of these issues would be in law and how they would be taken by the courts. Are there issues like this in legislation elsewhere and has there been interpretation by the courts, particularly regarding spiritual injury? For example, if someone was to stand up in a Catholic church and ask for people not to vote for candidates who supported abortion, would that constitute spiritual injury? Would that be undue spiritual pressure in determining which way people vote?
This is a very finely balanced issue, and I have not come across it before. Therefore, the Minister needs to explain very specifically where the lines and the boundaries are. It is a balance between people having the right to freedom of speech and of faith—I say that as somebody who does not have a religious faith—and the issue of them not being unduly influenced or forced to go against what they believe in. It would be really interesting to hear a clear definition and clear examples from the Dispatch Box for us to be able to determine exactly what this means in legislation.
Lord Wallace of Saltaire (LD)
I shall give my noble friend an American example, which has been debated in the United States very recently. There have been Catholic bishops who have suggested that President Biden should be denied communion, as a Catholic, because he is not prepared to be sufficiently anti-abortion. That, it seems to me, would be undue spiritual influence—although the spectacle of a Catholic bishop or archbishop being prosecuted for undue spiritual influence would be quite an interesting one.
Lord Adonis (Lab)
I will elaborate on the noble Lord’s point. There is a difference here, in the ordinary reading of the words, between pressure and intimidation. I took the noble Lord, Lord Hayward, to be referring to intimidation, which is clearly something that we want to guard against. But what constitutes spiritual pressure? As noble Lords have just said, would a sermon in a church constitute pressure? A reasonable person might think that it would; after all, it is not serving much of a purpose if there is no pressure. This is a lay man speaking, but I think there is a difference between pressure and intimidation. We want to guard against intimidation, but we absolutely do not want to curb freedom of religious speech.
Lord Stunell (LD)
This is unexpectedly lively, but the focus really is on new sub-paragraph (3)(e). I think most of us would say that there is, if you like, a simple lay person’s interpretation of new sub-paragraph (3)(a), (b), (c), (d) and, for that matter, the catch-all of new sub-paragraph (3)(f), which is
“any other act designed to intimidate a person”.
In the light of new sub-paragraph (3)(f), it may be that the difficulties of new sub-paragraph (3)(e) are best avoided by their omission, because if such spiritual injury was demonstrated, it would come under new sub-paragraph (3)(f).
I just point out that the preceding activities have “using or threatening”, “damaging or threatening”, “causing or threatening”, but new sub-paragraph (3)(e) has “causing spiritual injury”; not “threatening” to cause spiritual injury. Obviously, it depends on one’s personal understanding of what spiritual injury might consist of, but the threat is surely going to be offered far more often than the reality will be delivered, if I may put it in those terms, although it does not mean that it is not effective. There are some problems in the straightforward interpretation of what new sub-paragraph (3)(e) really says, why it does not say “threatening” to cause, as does new sub-paragraph (3)(c) and (d), for instance, and why it is necessary, separate from the catch-all of new sub-paragraph (3)(f):
“doing any other act designed to intimidate a person”.
I want to bring a little bit of local colour to new sub-paragraph (4)(e). In 1992, I stood for the Liberal Democrats in Hazel Grove. On the Sunday before polling day, every Catholic church in the constituency had a letter read out from the Society for the Protection of Unborn Children, which clearly expressed the view that a vote for me would be a major spiritual error. I failed to win that seat by 923 votes. I do not attribute the result to that letter, but noble Lords will understand that I had a sense of grievance for some time afterwards that this letter had been read out.
This brings me to my second critique of new sub-paragraph (4)(e)—it is a little bit in the eye of the beholder. If that provision had been there in 1992, I would have gone straight to the returning officer to say that this was a clear case. It would be an invitation for people to complain about things which were in fact simply within the bounds of free speech, fair comment, and so on—even if it was unfair in the opinion of the recipient.
There is a double problem. First, what is “spiritual injury”? Secondly, do we mean causing it, or threatening to cause it? Do we think that the injury is to the voter who is deterred from voting for a candidate, or to the candidate by virtue of the voter not supporting them? I suggest that we are not very clear what we are trying to pin down. The Minister might like to carefully consider what the disbenefit would be of removing new sub-paragraph (4)(e) and simply relying on new sub-paragraph (4)(f) to deal with cases where “spiritual injury”—or threats of it—was part of the reason there had been intimidation.
Lord True (Con)
My Lords, in Christian teaching, the alpha comes before omega, so I was a bit puzzled, like others, that Z comes before A. I was set up to answer the noble Lord, Lord Wallace, first, and I hope that the noble Baroness will not be offended if I do that.
In any case, both are seeking to probe the reference to “spiritual injury” and “undue spiritual pressure” in the clarified offence of “undue influence” of “an elector or proxy”. The “undue influence” offence is intended to ensure that all electors and proxies are able to cast their vote free from intimation and malicious interference. It is true that the 2015 Tower Hamlets petition, about which my noble friend Lord Hayward spoke eloquently, demonstrated that protection from undue influence remains highly relevant and important in 21st-century Britain. However, the existing offence of undue influence dates back to the 19th century. Indeed, the freedoms of religious authorities and priests to hold and express political views were first set out in a judgment in 1870, and those freedoms remain. However, the complexity and outdated terminology of the current offence makes it difficult for the police or prosecutors to apply it, leaving electors and proxies without necessary protection.
I was asked about convictions. According to our data, between 81% and 86% of allegations of undue influence lead to no further action at all, with only one court case initiated in the last eight years. While the defendant was found guilty of undue spiritual influence in the Tower Hamlets petition, Commissioner Mawrey highlighted insufficient clarity in the law, as well as the high bar which was required to convict someone of intimidation. The commissioner recommended that the offence of
“undue spiritual influence … be more clearly articulated”
and brought in line with 21st-century language and society, to ensure that it remains enforceable. The Law Commission, in its 2016 report into electoral law, similarly called for the offence to be restated more clearly. All respondents in the Government’s public consultation in 2018, entitled Protecting the Debate: Intimidation, Influence, and Information, agreed that the offence required greater clarity.
Lord Adonis (Lab)
My Lords, I was not absolutely clear from what the Minister said whether the phrase “undue spiritual pressure” exists in existing legislation. He may not have the answer to that, but could he write to us about it?
Lord True (Con)
Yes, I had better write at this hour. I had it somewhere, but I have lost it in the folder. I will certainly write to the noble Lord. I tried to answer the question. If I have not, I will write; sorry.
Lord Wallace of Saltaire (LD)
My Lords, I think it is the sense of quite a few of us that it might be wiser to remove the phrase “causing spiritual injury to” because that is, I think, the most difficult element of it. I think most of us would understand
“placing undue spiritual pressure on”.
I respectfully suggest that the noble and learned Lord, Lord Mackay of Clashfern, might be a useful person to consult on this. Some of us may remember the occasion when, as Lord Chancellor, he attended a requiem mass for a Catholic judge in Glasgow and was threatened with exclusion from his own church, very clearly threatening to use spiritual pressure. He has presumably thought all of this through extremely well.
I thank the Minister for explaining the efforts that have gone into defining “undue influence” rather better. I still feel that we are looking at something which we all know is there but we are not at all sure that the police, let alone the Crown Prosecution Service, are going to want to take on very much. This is an area involving the boundaries between campaigning, free speech, improper behaviour and downright offences which we will probably have to live with, unsatisfactorily, because that is part of the nature of democracy.
Baroness Hayman of Ullock (Lab)
My Lords, it has been a particularly interesting debate on the definition of spirituality and so on. We need to get more definition and clarity in order to move forward, so that there are no unforeseen or unfortunate consequences.
I thank the Minister very much for his clarification. It makes perfect sense to me now and, on that basis, I beg leave to withdraw my amendment.
“(7) This section does not have effect in relation to a local government election in Scotland or Wales.”Member’s explanatory statement
This amendment provides that the inserted section 114A does not apply in relation to local government elections in Scotland or Wales.
“(1A) In section 115 of RPA 1983 (undue influence)—(a) in subsection (1), after “influence” insert “in relation to a local government election in Scotland or Wales”;(b) in subsection (2), after “influence” insert “in relation to a local government election in Scotland or Wales”;(c) in the heading, after “influence” insert “: local government elections in Scotland and Wales”.”Member’s explanatory statement
This amendment confines the existing undue influence provision, section 115 of the Representation of the People Act 1983, to local government elections in Scotland and Wales.
Member’s explanatory statement
This amendment confines the amendment to section 80(1) of the Local Government Act 1972 so that it does not cover incapacity where the holder of a devolved office in Scotland or Wales is reported guilty or convicted of undue influence.
Member’s explanatory statement
This amendment removes the amendment to section 80A of the Local Government Act 1972.
Member’s explanatory statement
This amendment confines the amendment to section 4(1) of the Local Government Act (Northern Ireland) 1972 so that it does not cover incapacity where the holder of a devolved office in Scotland or Wales is reported guilty or convicted of undue influence.
Member’s explanatory statement
This amendment removes the amendment to section 31 of the Local Government (Scotland) Act 1973.
Member’s explanatory statement
This amendment confines the amendment to section 21 of the Greater London Authority Act 1999 so that it does not cover incapacity arising where the holder of a devolved office in Scotland or Wales is reported guilty or convicted of undue influence.
Member’s explanatory statement
This amendment removes the amendment to Schedule 1A to the Government of Wales Act 2006.
Member’s explanatory statement
This amendment confines the amendment to paragraph 9(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 so that it does not cover incapacity arising where the holder of a devolved office in Scotland or Wales is reported guilty or convicted of undue influence.
Member’s explanatory statement
This amendment confines the amendment to section 66(3) of the Police Reform and Social Responsibility Act 2011 so that it does not cover incapacity arising where the holder of a devolved office in Wales is reported guilty or convicted of undue influence.
Member’s explanatory statement
This amendment removes the consequential repeals made by paragraph 11 of Schedule 5.
Baroness Hayman of Ullock
“(a) in paragraph (3A)(b), for “a device” substitute “equipment”;(aa) after paragraph (3A)(b) insert—“(c) such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote in the manner directed by rule 37.”;”
Baroness Hayman of Ullock (Lab)
My Lords, I beg to move Amendment 118A on behalf of the noble Lord, Lord Holmes of Richmond, who cannot be in his place today. I am doing this to allow for debate at this time on Amendment 122A, which is on the same topic. Amendment 118A is a retabled version of Amendment 120 and this has been done in order to place it in the correct part of the Bill. As the noble Lord, Lord Holmes, has already spoken to his amendment on an earlier day, he has nothing further to add.
Lord Mann (Non-Afl)
My Lords, I will speak to Amendment 122A, on an issue that I do not think has received sufficient attention for a long time: the significant group of voters who lose their votes at each election because they inaccurately fill out the verification forms to be enclosed with their postal vote forms. The problem is that, depending on the whims of a particular returning officer, a voter could be doing this, year in and year out, at every election, without realising that the vote they thought they had cast has not actually been validated because of an error—perhaps on the voting paper itself but, in my experience, it is far more likely to be an error on the verification form required to go with it.
I have listed certain categories of voters in my amendment—for example, those with failing eyesight or those with limited or no literacy. To fill in the paperwork that allows one to complete a postal vote form can be incredibly complex. There is a range of options open to returning officers. My own personal experience of filling them in is that some are straightforward and some are mind-bogglingly difficult. Those voters who are particularly vulnerable ought to have an automatic right, whereby an agent of the returning officer should, if requested, be able to visit them and assist them in the completion not of the voting paper itself—the experience I have is that that is rarely spoiled—but of the verification form that goes with it.
The percentages are very high indeed. In a local election in the area I once represented, one could easily see 300 postal votes that were lost because of this. In a general election, one is multiplying that, and anything up to a thousand votes could be lost, purely because people have been unable to accurately complete the paperwork. Some will do that carelessly, but there is a whole range of more vulnerable voters who, given the opportunity for assistance, would complete the verification form accurately and then vote and have their vote counted.
It seems to me that, whether it requires legislation or clearer guidance to returning officers, this is a rather important point in ensuring that maximise the actual turnout in elections, rather than the theoretical turn out of those who have returned postal votes but do not have them counted. The numbers are significant if we multiply across the country those that I have seen locally. It is a significant group of voters, and it is through no specific fault of their own—other than, for example, their literacy or their failing eyesight, which is the example I am most familiar with.
Better advice from returning officers would be appropriate. I put this forward as an option, and I look forward to hearing the Minister’s response.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Baroness for speaking on behalf of my noble friend Lord Holmes of Richmond. We did debate his Amendment 118A, and we are in contact with him on the issues he raised, so I am happy with that.
Amendment 122A in the name of the noble Lord, Lord Mann, would require that the returning officers consider whether to appoint designated people to assist electors in completing their postal votes at home or at other locations for various reasons. I commend the spirit of this amendment in looking to improve the accessibility of elections for people who may struggle to mark their vote. We know that there are people who, for many reasons, do that, but I contend that it is not necessary, given the existing assistance avenues already in place.
When voting by post, it is important that the postal vote is completed by the person to whom it is given. When someone is unable to sign the postal vote, as is required, they may get a waiver of their signature. If they need help from the returning officer, they may attend a polling station where staff are empowered to assist electors to vote, or a companion can assist them in a supervised environment. If the person cannot attend a polling station, they may appoint a proxy to vote on their behalf. This proxy may themselves choose to vote by post. An elector may also appoint an emergency proxy to vote on their behalf up until 5 pm on the day of the poll in certain unforeseen circumstances.
For these reasons, while I understand everything that has been said, I ask that the amendment be withdrawn.
Baroness Hayman of Ullock (Lab)
As the Minister said, we had an extensive debate on this at our previous Committee sitting, so I beg leave to withdraw the amendment.
Elections Bill
Wednesday 23rd March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)
“Addresses of candidates at parliamentary electionsHome address form: statement of local authority area
(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.(2) In rule 6 (nomination of candidates)—(a) in paragraph (5)(b), for the words from “state” to the end substitute “—(i) where the candidate’s home address is in the United Kingdom, state the constituency or the relevant area within which that address is situated;(ii) where the candidate’s home address is outside the United Kingdom, state the country within which that address is situated.”;(b) after paragraph (5) insert—“(6) In paragraph (5)(b)(i), “relevant area” means—(a) in relation to a home address in England— (i) if the address is within a district for which there is a district council, that district; (ii) if the address is within a county in which there are no districts with councils, that county;(iii) if the address is within a London borough, that London borough;(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London;(v) if the address is within the Isles of Scilly, the Isles of Scilly;(b) in relation to a home address in Wales—(i) if the address is within a county, that county;(ii) if the address is within a county borough, that county borough;(c) in relation to a home address in Scotland, the local government area in which the address is situated;(d) in relation to a home address in Northern Ireland, the local government district in which the address is situated.”(3) In the Appendix of forms, in the Form of Front of Ballot Paper, for the address after “Catherine Angelina Smith” substitute “(address in [relevant area])”.”Member’s explanatory statement
This amendment amends Schedule 1 to the Representation of the People Act 1983 to give candidates at parliamentary elections the option of stating the name of the local authority area in which their home address is located on the home address form required by rule 6(4) of that Schedule.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, government Amendment 121 concerns the details about candidates that appear on ballot papers at parliamentary elections. We are bringing forward this amendment in response to concerns raised by Members in the other place.
Currently, candidates at parliamentary elections are required to disclose on the ballot paper either their home address in full or the name of the constituency in which the home address is located. The original purpose of requiring candidates to provide information about their address was so that electors could identify them as specific individuals. Given that MPs are elected on an individual basis, they need to be identifiable, even if many electors may make choices by party affiliation. The current requirements were introduced by the Political Parties and Elections Act 2009 and give candidates the option of having just the constituency they reside in recited on the ballot paper instead of their home address. This was intended to provide security and privacy for candidates, while still ensuring electors can see if a candidate has a local connection to where they are standing.
We have listened to concerns raised in the other House that there should be a further option for candidates who wish to indicate in a more commonly understood description where they live, without sharing their full address, so that their security can be better protected. The amendment intends to enable candidates to use the local authority area in which their home address is located as the address they give. We consider that the local authority will be a familiar and comprehensible indication of locality to most people. I beg to move.
Amendment 121A (to Amendment 121)
Lord Scriven
Lord Scriven (LD)
My Lords, I am a little perplexed and confused. Many noble Lords will ask how that is different from my normal state, but the reason I am confused is this. I am looking at this from the perspective of a potential voter at a parliamentary election. Many noble Lords will probably argue later in Committee that the link between the MP and the constituency, particularly for voting, is strong and must be maintained. Most people, when they vote, look at the link of the candidates to the constituency they are standing in, not necessarily the local authority area, as those can be very big.
Let me give an example. In my home city of Sheffield, there are five and a half constituencies: the half is because one half of the constituency is in Barnsley and the other half is in Sheffield. Sheffield is quite large: it is 367.9 kilometres squared. If you live in the north of Sheffield, it is highly unlikely that you have a link with the south-west of Sheffield. You would not go shopping there; you probably do not work there; you probably do not go to the parks there. People living in south-west Sheffield probably do not have a link with the north of Sheffield. There are many constituencies across the country like that. Therefore, just having the name of a local authority does not necessarily mean that the candidate has a link with the constituency. I agree with the Minister on the importance of the security of candidates, but that has to be balanced with the need for information for the potential constituents and voters to be able to ascertain how local the candidate is and what link they have with a particular constituency.
There are 650 constituencies in the UK and 398 councils, as laid down in the Government’s amendment. That means that there are 252 more constituencies than councils. I am not going to become a geek and tell you what the square kilometres of those are, but the number is quite large. When the Minister responds, will he say whether there has been any evaluation done about the exact amount of extra security and safety that will be afforded to candidates if we move from constituency to council area? That is key. If not, we potentially lose the link between the candidates and the constituency in which they are standing. That is the main reason for my amendments, and I look forward to the Minister’s reply, particularly his answer to that question about what evaluation has been done and what level of extra safety and security will be afforded if the Government’s amendment is implemented. I beg to move.
Lord Khan of Burnley (Lab)
My Lords, government Amendment 121 relates to election candidates and the location which they state on their ballot paper and elsewhere. We on these Benches fully agree with the Minister’s comments about concerns held by Members of the other place. At present, there are two options available to candidates: they may state either their full address or the name of their constituency. Police forces and other authorities have often advised candidates that the first option can be unwise. Elected politicians and candidates are often subject to extensive abuse, so making their full address publicly available can increase the risk that such abuse will lead to violence or intimidation. For this reason, it is often appropriate for candidates to select the second option and instead list their constituency.
At times, this can be problematic, because the names of constituencies often do not accurately describe or reflect their location. It therefore makes sense that a candidate may instead list their local authority, but I am concerned by a few unintended consequences. In particular, there is a possibility that candidates will use this option to mask the fact that they live far away from the constituency. Many rural local authorities such as Cornwall, Shropshire and Northumberland are well above 1,000 square miles, a point which the noble Lord, Lord Scriven, made in relation to Sheffield.
In these examples, a candidate may now list their local authority to obscure the fact that they live close to two hours away. Does the Minister accept that this amendment might have the unintended consequence of hindering transparency? In addition to this, I am concerned that some local authorities may not accurately describe their locations. Will the Minister consider expanding this to include local authority wards? I look forward to hearing his response and thoughts on these points.
Lord True (Con)
I am grateful to those who have spoken, and I will think about the last point made by the noble Lord, Lord Khan. This is a balanced proposal which has come from concerns from Members in another place; we all know of recent sad events. I hear what the noble Lord, Lord Scriven, says about people seeking to pass off where they live. This is a democracy, and I have been in politics for quite a long time, and if someone does not live very close to their ward or constituency, a leaflet comes pretty fast through the door—usually from the Liberal Democrats—with lots of big arrows over it, claiming, not always correctly, that they live somewhere on Mars. I think that democratic challenge would offer a control. The Government hope that there would not be unintended consequences.
We are suggesting a further option and, as the noble Lord, Lord Khan, said, sometimes the local authority’s name is closer to people’s understanding than the name of the constituency. While I understand what the noble Lords are saying, one would not want this to be abused in any way to deceive electors. I point out to your Lordships that it is an option already available to candidates at local and mayoral elections, so we consider it appropriate to extend the option to candidates at parliamentary elections. Although I listened carefully to what was said by both noble Lords, the Government believe on balance that this is an appropriate move to make in present circumstances, and in light of this I hope that the noble Lord, Lord Scriven, will withdraw his amendment and the House will be able to support this very small change, which brings parliamentary elections into line with local and mayoral elections.
Lord Scriven (LD)
I thank the Minister for that response. I am now perplexed but not confused, so at least he has helped with the confusion. I thank the noble Lord, Lord Khan, for reiterating the issue of unintended consequences. Having listened to the Minister, I beg leave to withdraw the amendment.
(1A) For the purposes of paragraph (1)(b), “relevant provision” means—(a) where the person is or will be registered in a register of local electors in Northern Ireland, section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the Representation of the People Act 1983 (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989), and(b) where the person is or will be registered in a register of local government electors in Great Britain and does not also fall within sub-paragraph (a), paragraph 9(1) of Part 1 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985.”Member’s explanatory statement
This amendment clarifies the requirement relating to preparation of date of birth lists for polling stations in Northern Ireland, so far as that requirement relates to date of birth lists for proxy voters.
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
Member’s explanatory statement
This amendment leaves out paragraph (c) from inserted paragraph 27(3A) of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962.
“(d) obtains or attempts to obtain information, in the circumstances mentioned in sub-paragraph (3AA), as to the candidate for whom a person voting by post at a local election (“V”) is about to vote or has voted; or(e) communicates at any time to any other person information obtained in contravention of paragraph (d).(3AA) The circumstances referred to in sub-paragraph (3A)(d) are where V is about to mark, is in the process of marking, or has just marked, a ballot paper sent to V for voting by post at the election.”Member’s explanatory statement
This amendment inserts, in substitution for paragraph (d) of inserted paragraph 27(3A) of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962, provision clarifying the scope of the prohibition on obtaining or communicating information about the candidate for whom a postal voter has voted in a local election in Northern Ireland.
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 126, lines 23 to 26.
Member’s explanatory statement
This amendment updates cross-references in consequence of the amendment in Lord True’s name at page 126, lines 23 to 26.
“(3BA) Sub-paragraph (3A)(d) and (e) does not apply where the purpose (or main purpose) for which the information is sought or communicated is its use for the purposes of—(a) a published statement relating to the way in which voters intend to vote or have voted at the election, or(b) a published forecast as to the result of that election which is based on information given by voters.(3BB) In sub-paragraph (3BA)—(a) “forecast” includes estimate;(b) “published” means made available to the public at large or to any section of the public, in whatever form and by whatever means;(c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.”Member’s explanatory statement
This amendment ensures that no criminal liability arises where information is sought from, or given by, a postal voter at a local election in Northern Ireland for the purposes of an opinion poll or exit poll.
“34A_ In the table, for the entry relating to section 115 of RPA 1983 substitute—
“Section 114A (undue influence)”” |
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
Member’s explanatory statement
This amendment is consequential on the amendment in Lord True’s name at page 116, line 30.
Member’s explanatory statement
This amendment takes account of the possibility of a person being appointed as a proxy for an elector, at a particular election to the Northern Ireland Assembly, under section 8(7) of the Representation of the People Act (as applied to Assembly elections).
Baroness Hayman of Ullock
“(6A) Subsections (1) to (6) expire 10 days after the next elections for Mayor of London after this Act is passed.”Member’s explanatory statement
This probing amendment would mean that the simple majority system is only used for the next Mayor of London election.
Baroness Hayman of Ullock (Lab)
My Lords, I have a number of amendments in this group. The first two, Amendments 134 and 135, are designed to probe the fact that the Government have changed the voting system for the next Mayor of London election and other mayoral elections—my amendment specifically uses that example—and for police and crime commissioner elections. I want to probe the reasons why the Government have decided to make these changes and why they were included so late during the progress of the Bill. I look forward to hearing from the noble Lord, Lord Wallace, when he speaks further on this although I will make my own comments on our concerns more broadly about Clause 11.
Clause 11 was inserted, as I am sure noble Lords are aware, during Committee stage in the House of Commons and proposes changing the voting system for all PCCs, combined authority and local authority mayoral, and London mayoral elections to a first past the post system. It was not included when the Bill Committee took evidence on the Bill. In fact, my honourable friend Cat Smith MP actually made a point of order to the chair during the committee’s evidence sessions to ask whether the committee could take evidence from witnesses on the issue of electoral systems. The chair was very clear in saying that that was out of the scope of the Bill and so committee members were not able to take evidence on electoral systems.
The Government’s intention to include this change, despite this, was announced in a Written Ministerial Statement after the then Minister, Chloe Smith MP, had given her oral evidence to PACAC; this was after evidence to PACAC and after evidence to the Bill Committee. PACAC then received correspondence from several combined authority mayors who made it crystal clear that the inclusion of this change to the electoral system in the Elections Bill came as a complete surprise to them and they felt that they and their local communities had not been consulted properly on the proposed changes.
For example, Dan Jarvis, mayor of South Yorkshire, said:
“The government has not consulted with local communities on this major change, even though the last time a government proposed a reform of the electoral system they put it to a referendum. Greater local consultation would have been carried out for a mid-sized infrastructure project than they have offered for a major constitutional change.”
Similarly, Jamie Driscoll, mayor of North of Tyne Combined Authority, expressed concern about the topdown way this change was being made. He said:
“As a matter of principle major constitutional changes should not be imposed on local areas without full consultation and without taking into account local preferences. To do otherwise runs directly counter to the principle of local control which devolution is meant to enshrine, and inevitably fuels cynicism and growing loss of trust in our democracy.”
Andy Burnham, mayor of Greater Manchester Combined Authority, disagreed with the Government’s assertion that voters are confused by the current supplementary system. He further stated:
“The Government has also argued that it wants to bring these elections in line with other English or UK-wide elections. However, the comparison between Mayoral elections and those of MPs or local councillors is a false one. As Mayor, I am elected as an individual executive decision-maker, not to be part of a wider legislature. That difference is important and drives the need for a different electoral system.”
The view that the supplementary vote system was a positive one for the role of mayor was also expressed by Dan Norris, mayor of the West of England Combined Authority. He believes it is important that the present supplementary voting method allows voters to express a second preference if no candidate receives 50% of the vote because
“this ensures that a candidate must have a larger base of support to win”
and is
“more helpful to the democratic process”.
The London mayor is also concerned. He is particularly concerned because the moves in this Bill would overturn the 1998 Greater London Authority referendum result which specifically described the supplementary vote system that Londoners voted overwhelmingly in favour of. All previous London mayors won more votes than any other candidate in the first round, so the mayor is also not convinced that changing to first past the past would have given different results.
The conclusion in PACAC’s report said:
“Regardless of the benefits or disadvantages of the changes made by the Bill to the electoral system for those offices, the manner in which the proposed legislative change was brought about is unsatisfactory. Making changes such as this after the Bill has been introduced and debated at Second Reading is disrespectful to the House.”
It is disappointing that the Government’s response to PACAC’s report did not address this comment. I know that the Minister is a decent person. Does he agree that the way these changes were introduced was disrespectful to the House? Does he agree that this disrespectful attitude is compounded by the fact that this is an elections Bill—a Bill of constitutional importance that requires those in power to behave with the highest respect for due process in order to protect our democracy and trust in government.
The Minister may well say this is a manifesto commitment, as was said in the other place. Yet while the manifesto includes commitments to strengthen the accountability of elected police and crime commissioners and to continue to support first past the post, it does in fact reverse the 2017 manifesto pledge to impose first past the post in elections that currently use proportional systems. So that was a previous manifesto pledge, from 2017, overturned in 2019.
Amendment 144D in the name of the noble Lord, Lord Mann, would enable returning officers to provide for early voting where they believe it would improve participation. I note that the Welsh Government have developed flexible voting pilot schemes that will take place at the local government elections, in four areas in Wales, this coming May. It will be interesting to read the Electoral Commission’s independent evaluation of the impact and effectiveness of these schemes, which I understand is due to be published in August 2022. I look forward to hearing further from the noble Lord, Lord Mann, on that amendment, and to the Minister’s response to my questions. I beg to move.
The Deputy Chairman of Committees (Baroness Fookes) (Con)
The noble Lord, Lord Campbell-Savours, is taking part remotely, and I now invite him to speak.
Lord Campbell-Savours (Lab) [V]
My Lords, this is a particularly difficult issue for me. I strongly support the deletion of Clause 11; it is no more than an attempt to abolish an electoral system that has stood the test of time so as to secure an electoral advantage for the Conservatives. The Government are effectively seeking to corrupt a system that is fair and, in the absence of full proportional representation, more proportionally reflects the opinion of the wider electorate.
The Conservatives have always opposed the supplementary vote system since its birth as it challenges the Conservative bias built into the first past the post electoral system—nothing more and nothing less than that. They have opposed it for over 20 years. I know, because I designed it, researched it, named it, wrote the original paper advocating it, gave evidence to the Plant commission advising its introduction, and saw it through to its introduction by the Labour Government. I brought in Professor Patrick Dunleavy from the London School of Economics—a world-renowned academic known for his independence of mind—to approve it as it developed. At every stage, to validate it, we did thousands of runs under different scenarios on a computer in the House of Commons Library when I was an MP. We spent 12 months working on it; Patrick Dunleavy gave it the academic approval and credibility that I lacked.
The driver behind all the work was that any system that totally ignores the centre vote in British politics, essentially a Liberal Democrat vote, will inevitably favour the minority right. First past the post helps in the election of Conservative Governments. If the Conservatives thought for one moment that there was some electoral advantage in AV, SV, AMS, STV or any form of this system, I believe they would support reform of the electoral system.
There was a very interesting article in a recent issue of Prospect magazine on mayoral elections by Stephen Fisher, associate professor in political sociology at Trinity College, Oxford. He carried out research into the use of the supplementary vote. He noted first that 41% of the people in England now live in areas where SV is now in use for one election or another.
Lord Kerslake (CB)
It is a pleasure to follow the noble Lord, Lord Campbell-Savours, with his passion and analysis, which was evident even through the screen.
I speak to support Clause 11 not standing part of the Bill. In doing so, I declare my interests as a vice-president of the Local Government Association and an adviser to a number of metro mayors and mayors, as set out in my entry in the register of interests.
In support of my view that the clause should not stand part, I shall speak about three issues. First, this proposed change cannot be regarded as a manifesto commitment; secondly, there is the lack of any meaningful consultation on the change; and thirdly, a proportional voting system is right for these particular posts, regardless of whether you support proportional representation in general or for local elections. I apologise in advance that this will be a longer Committee speech than is perhaps normal. However, the issues at stake here are so fundamental to the way we do business in a properly functioning democracy that they need to be set out at length.
Lord Grocott (Lab)
Can the noble Lord enlighten the House by telling us how many results of mayoral elections would have had a different result had they been held under first past the post?
Lord Kerslake (CB)
The noble Lord had better ask the Minister; I do not have those figures, but I am happy to dig them out. The point I make still applies. As in London, I am sure there is scope for better systems to improve the design of the papers and reduce rejected numbers.
The last of the Government’s arguments is consistency. Those in favour of PR might argue that the way to achieve consistency would be to move all elections over to PR. You do not need to go that far; as I explained earlier, people are perfectly able to live with different electoral systems.
I think the real reason the Government have done this, as has already been alluded to, is the results of the elections themselves. Out of the 15 directly elected mayors, none represents the government party; out of the 10 metro mayors, including the Mayor of London, only two represent the government party. I can understand why the Government find that a disappointing result, but I do not think that is a good reason for taking forward a major constitutional change to an electoral system without meaningful consultation.
Lord Lipsey (Lab)
My Lords, I put my name to this stand part debate. When I was in journalism, people used to say of me, “He may be no good, but at least he is quick.” I will try to follow that precept this afternoon.
The first thing I wanted to say will cheer the Minister. Like him, I do not think much of single transferable votes—I do not agree with my noble friend Lord Campbell-Savours on that. The immense defect of STV compared to its obvious alternative—the alternative vote, which is an exhaustive ballot—is that it does not produce a candidate who commands a majority of the electorate. AV infallibly does, which is why we so sensibly use it for the election of hereditary Peers. It seems very basic that, for mayors in particular, and perhaps police commissioners too, we want somebody who commands a majority of the electorate, and that STV does not do.
The second thing I want to say is about haste. More than 20 years ago, on the Royal Commission on Electoral Reform chaired by the late Lord Jenkins, we were as quick as we possibly could be. People who have served under Lord Jenkins as chair know he was not a man who permitted excess words or allowed discussions to meander. Even so, it took us about 12 months to come to a conclusion. It may or may not have been right, but it took us 12 months to get there. The complexities are enormous. At that time, I could have distinguished between three varieties of Sainte-Laguë system for the distribution of majorities, but now I can hardly remember the words, and I certainly cannot remember what those were. But these are immensely complicated matters of immense importance, and they can affect the results of elections, which are the expression of our democracy. To do this by introducing an unheralded amendment in Committee in the other place is, to use a word much used by my old boss Tony Crosland, frivolous.
The third thing is that different places need different electoral systems. It does not follow that because first past the post may be felt by some to be right for the House of Commons it is right for every election. It clearly is not. Parliament legislated for different systems in Scotland and Wales—the AMS system. A whole set of desiderata attached to electoral systems apply differently in different elections, and this is a very poor reason for having first past the post.
It is particularly poor because the winner can have a very tiny share of the vote, not much more than 20%; I can cheer the Government up for a moment by citing one such perverse result in an East Anglia PCC election in 2012. The winner on the first ballot was one John Prescott, known to many in this House. John Prescott’s lead—he had just over 20% of the first ballot votes—was soon got rid of, and his votes transferred, to elect Matthew Grove. Where is Matthew Grove now?
We cannot openly countenance a system where candidates with 20% of the vote rule over our big cities and order our police. I use the word again: this is a frivolous approach to constitutional reform in general and to electoral reform in particular. This House should have nothing to do with it.
Lord Wallace of Saltaire (LD)
My Lords, my name is on some amendments in this group. As Members of the Committee will know, I am extremely disturbed by this Bill as a whole and by the way it has been introduced. Of all its provisions, I think Clause 11 is the least justifiable, introduced as it was after a Written Statement by a middle-range Minister last September after the Bill had already begun its Committee stage in the House of Commons, and pushed through for clearly partisan reasons.
On Monday, the Minister was asking us to look at the practice on voter ID in other countries as a justification for what the Government propose. I am sure he recognises that in the Irish and Danish constitutions, any change in the voting system is a constitutional amendment and therefore has to go through exceptional procedures. That is also true in a number of other countries. In this respect, of course, he will probably say that we should pay no attention to other countries. I deeply respect that, privately, the Minister knows this clause is impossible to defend, and I recognise that he nevertheless has to stand up for it as best he can in the circumstances that this was a Conservative pledge in 2017 and someone up there has not forgotten that.
Yesterday, I read a very good article in the Political Quarterly of 2019 entitled “The UK Politics of Overseas Voting” by Susan Collard; I will return to it when we get on to overseas voting. One of the things that struck me about the introduction was that it talked about the package of measures that might have been agreed among the parties in 2016-17 about voting reform. It was discussed among the parties in the Commons that we could have moved towards automatic voter registration to reduce the number of people not on the register—by and large, the young and the marginal. We could have had a major effort at citizen engagement to encourage people to go to the polls. We could also have included votes at 16, which would almost definitely have helped the Labour Party, the Liberal Democrats, the Greens and others. In that context, overseas voting and the extension of overseas voting would have been part of the same package. That could have been negotiated as part of a—
Lord Lexden (Con)
Were these official interparty discussions or informal exchanges?
Lord Wallace of Saltaire (LD)
These were exchanges on and off the Floor of the House of Commons.
That would have been a major set of changes to voting rights that might even have included some form of examination of our voting system. I draw attention to Amendment 140, which suggests that we need a citizens’ assembly on methods of voting for different elections in this country. That would be highly desirable, encouraging an intelligent approach and taking out of the control of parties the question of whose advantage is most looked to in this respect.
This Government have mucked about with local government over an extended period. I am not a great fan of metro mayors—certainly not metro mayors without the scrutiny of elected assemblies—but the Government have them. The Government have reduced the number of local councillors, and now they want to muck about with the system, partly because what Michael Gove and other enthusiasts thought they wanted—independently minded people like we saw in New York and Chicago—has not yet emerged very strongly. But some of those who emerged are rather good, or not so good, Labour candidates, who do not please the Government. Be that as it may, we have a current system for elected mayors.
The only argument, in effect, that the Government can make in defence of this change is that the voters of London and other cities are not as intelligent as their counterparts in Ireland, Scotland and elsewhere and are not capable of understanding a complicated system such as the supplementary vote and therefore we have to go back to the first past the post. That is not a good argument, and I look forward to hearing what alternative argument the Minister may wish to produce.
One of the problems with the first past the post system is that it works really well only when there is a clear two-party system and the two-party system has broken down in almost all democratic countries in recent years, except for the United Kingdom and the United States. In the United Kingdom and the United States, factionalism within both major parties has almost wrecked our politics, partly because the extremists —or less moderate—in both major parties have done their best to take over their party rather than going off and forming their own.
I was very struck by an argument made by the noble Lord, Lord Hayward, during our previous day in Committee, which was that you need to be very careful about how the selection process for candidates works because in most constituencies in Britain the selection process decides who will be the MP. The attraction of any form of alternative voting, supplementary voting or proportional representation is that it gives the voter some choice among candidates.
Lord Grocott (Lab)
In European elections, for example, if you are top of your party’s list, it is pretty close to being a safe seat.
Lord Wallace of Saltaire (LD)
The noble Lord and I will have conversations about list systems and non-list systems off the Floor of the House.
On Amendment 144C on proportional representation in local elections, I recall very clearly many years ago that the borough of Rochdale had all-out local elections and thus required three candidates for each ward rather than one. What was most striking was that that was the point at which Rochdale ceased to have overwhelmingly white male councillors because if the Labour Party, the Liberal Democrats and Conservatives each had to choose three candidates, they tended to choose one white man, one woman and one Asian. That gave people a choice and in some wards people voted for the woman or the Asian in greater numbers than they did for the Labour or Conservative candidate, which you might think is not a bad thing as a matter of choice in elections.
I remind the noble Lord, Lord Grocott, who is deeply committed to the idea of the constituency, that until the first five years of my life the tried-and-tested constituency system in the United Kingdom included a large number of multi-Member constituencies. The last double-Member constituencies were abolished in 1945. I know I am older than him and that was not in his lifetime. We had a number of three and four-Member constituencies in counties and large boroughs, so if we are talking about things that are un-English, English history—the tried-and-tested systems referred to by the noble Lord, Lord True—includes multi-Member constituencies and different forms of voting in return.
Now is not the time to have a full debate on methods of voting, but I commend to the Committee the idea that we should move towards a citizens’ assembly. I hope that whoever makes up the next Government will indeed move forward on this, but I also say as strongly as I can that now is not the time to introduce into a Bill at a late stage, as Clause 11 does, a proposal that the Government have introduced solely because they think it will advance the Conservative Party and disadvantage others.
Baroness Jones of Moulsecoomb (GP)
I will allow the noble Lord on my right to speak first.
Baroness Jones of Moulsecoomb (GP)
I know he will interrupt me anyway.
I declare an interest as a vice-president of the Local Government Association and one of the rare people who has been elected under a proportional system to the London Assembly and under first past the post to a council. It has always struck me that I was told by Conservative voters in both areas that they voted for me rather than a Labour or Liberal Democrat person. Under both systems, they realised that there were options other than voting for the person that they might first vote for.
I know the Tory party struggles with the future and does not like modernisation, except when it really suits it, and proportional representation is the future. It is obvious that other democracies—I am not even sure that this country is a democracy any more, but I will grant us that status—have been using proportional representation for years.
There is more grumbling on the Labour Benches about what I am saying and I really wish they would do it quietly so that I could not hear them.
Proportional representation is the future. First past the post is a relic of the past when small groups of landowning gentlemen would gather in a small room to cast their votes to put another landowning gentleman into a room to represent their interests to the monarch. That is really not a system that we want to continue. As the franchise has expanded to include women and non-landowning men and the population has grown, so the number of voters is many times what it once was and social diversity has increased massively. We are now at a point when first past the post simply is no longer an appropriate system. The idea that winner takes all leaves many millions of people unrepresented in Parliament and in councils.
It seems to benefit the two main parties, Labour and the Conservatives. They are apparently content to take turns to run the country. Sometimes they do well and are handed a substantial majority in spite of the fact that they do not have a majority of voters behind them, and sometimes they suffer and end up in opposition. However, it does not suit Labour as well as it thinks it does. In the previous century the Conservatives won 20 elections and the Labour Party only nine. Labour does not benefit from first past the post. If Labour wants to form more Governments—we see this reported endlessly—it will have to appeal to more voters, which means to people like me, who might give them a vote if my preferred candidate is not able to carry a majority. We need PR, and that means real democratic reform, such as the amendments in this group, which I support; I will be happy to vote for any of them. If they throw in a new, real green new deal, that would improve the odds of Labour forming a new Government a lot.
First past the post feeds into the overly confrontational system we have at the moment. The nature of British politics is not very attractive. The parties are forced to fight viciously by the very nature of the electoral system. In the other place and here, we confront each other across the Chamber. It is very unhealthy in terms of being able to work together and find any sort of consensus. The first past the post voting system is designed to create conflict and opposition and it enables a small bunch of right-wing politicians to run a corrupt and uncaring Government on a mandate given by fewer than half the voters. Consensus building in politics is the future and will help us to claw our way out of the climate crisis.
You have to ask: do the general public like the way things are run? No, they do not—they will tell you that they do not like the constant fighting and braying that they see in Parliament, and they wonder why politicians cannot work better together. They wonder why campaigns are run with dirty tricks and character assassinations, and they wonder why politics and politicians—us—cannot be better. These are all reasons why we need to change the voting system, to transform our democracy into something really democratic and to allow people to be represented by the politicians who most closely align with their values, opinions and hopes for their future—to stop people being forced to choose the lesser evil.
Lord Grocott (Lab)
My Lords, it is a pleasure to follow the noble Baroness, Lady Jones, arguing for consensual politics in a characteristically aggressive speech—and it is a pleasure to follow the noble Lord, Lord Wallace, as well. There must be a misprint on the Marshalled List, because the noble Lord told us that he did not want to discuss proportional representation. But there is an amendment tabled here, with his as the lead name, proposing a new clause with the heading, “Proportional representation for elections to the House of Commons”. I do not know whether he wants to discuss that—
Lord Wallace of Saltaire (LD)
I said “at length”. I assure the noble Lord that I can discuss proportional representation at very great length, but I fear that might tire the Committee.
Lord Grocott (Lab)
I shall certainly follow the injunction not to speak at length, but I cannot resist responding to arguments about proportional representation. Oddly enough, I think I am the first the noble Lord so far to speak passionately in favour of first past the post, which shows once again how unrepresentative this House can be of British public opinion. On two specific occasions, it has been the subject that dare not speak its name. There are two issues that have not been mentioned, either by the noble Lord, Lord Wallace—and I do not blame him—or by the noble Baroness, Lady Jones. One is the small matter of an opinion poll, and I shall call it that to be a little contentious, held in 2011, which consisted of 19.2 million voters, who the noble Baroness, Lady Jones, has told us probably represent something that is dying out and departing. That opinion poll was in a referendum which the Liberal party made a condition of its membership of the coalition—and at any stage, if the noble Lord, Lord Wallace, wants to interrupt, of course he can. He was a Minister in that Government.
Lord Wallace of Saltaire (LD)
I thank the noble Lord for the invitation. He will remember that this was the first occasion on which Dominic Cummings managed very successfully to make the argument that it would be much too costly to change the electoral system and that the money would be much better spent on the National Health Service instead—an argument that he also used in the Brexit referendum. In neither case was the money spent on the NHS.
Lord Grocott (Lab)
Well, to bring Dominic Cummings into it sounds like a good argument to a point that I was not discussing and do not intend to discuss.
The referendum was a condition of the Liberal Democrats’ membership of the coalition Government; they said that there should be a referendum on the voting system in this country. Some 19.2 million votes were cast, 6 million in favour of the alternative vote system and 13 million for first past the post, as specifically referred to. There was a 2:1 majority for first past the post, and a widely held debate right across the country. I am pretty shocked that, having demanded that referendum and having rejected the result, which is not an unusual characteristic, the noble Lord wants, by means of an amendment to a Bill, to change the electoral system away from first past the post, not by another referendum—because referendums keep giving him the result that he does not want—but by an amendment to a Bill. I find that a very unsatisfactory way of proceeding, but I am afraid that it has become a behaviour pattern. I am sorry, because I agree with the Liberal Democrats on a lot of aspects of this Bill, but not on this. It is a very similar pattern to what was followed in relation to the European referendum, whereby they voted for the referendum, did not like the result but knew that it was too big a risk to put it back to the people—so, instead of having another referendum, they proposed to change it without one and back to the original situation.
I am afraid that this approach of no compromise with the electorate that seems to be being offered by one party to this discussion is really not a satisfactory way for democrats to proceed. Of course, people can change their mind; people might decide, at some future date, that they want to change the electoral system. But, again, I have noticed—and this is why I both enjoy but am frustrated by discussions about the voting system—that one thing that people who are in favour of changing from first past the post always manage to do, whenever you criticise them for anything that they are proposing, is to say, “Oh, that’s not the kind of proportional representation that I’m in favour of—it’s completely different.” In fact, of course, they will even argue, although it was more proportional, that the proposal in the 2011 referendum, which was for the alternative vote system, was not proper proportional representation. It is not, but it is much more proportional —and I am quite certain that they see the electoral systems for mayors, police commissioners and everything else just as a stepping-stone towards proportional representation.
I am the first noble Lord to mention the referendum. The other thing that proponents of proportional representation always avoid mentioning is the test bed that we had for quite a long time—thankfully, no longer —for elections to the European Parliament. They were done on the basis of proportional representation. I remind supporters of the system of the arguments that are tediously repeated about the great merits of proportional representation, the principal point of which is that it reaches parts of the electorate that are ignored at present. It is said that there are tens of thousands of Labour voters, say, in the south of England and tens of thousands of Conservative voters in the north of England who never have their voices represented, and that if you released all that potential by proportional representation, the public would be energised.
Baroness Jones of Moulsecoomb (GP)
How does the noble Lord explain the fact that, when you have a PR system—it does not matter in which country—you get loads of Greens elected? Does not that sound as though there is an unexpressed need under first past the post for Greens? I do not know why noble Lords are all laughing: there are three out of 25 on the London Assembly.
Lord Grocott (Lab)
I was listening carefully to the noble Baroness’s speech, and she seemed to be suggesting that quite a lot of votes were not votes for Greens at all but votes for her personally. I have never kidded myself about that, with regard to elections that I have fought, because I have lost too many—I cannot afford to say that.
I have said that the standard argument is that proportional representation energises people. But the turnout for European elections in 2009 was 35%, which is lower than in local government elections, generally. In 2014, it was 36% and in 2019 it went up to 37%, but that was because large numbers of people were voting for a party to scrap the European Union, as we know. So let us please hear from any proponents of PR who happen to emerge during this debate an explanation as to why they do not attach any significance whatever to a referendum held on the subject, and precisely why it is, when a PR system has been tried in this country, it has not involved large numbers of people turning out to the polls. In fact, although admittedly it is for general elections, good old first past the post is the one that continues to attract far and away the biggest turnout of any of the other fancy electoral systems on offer.
Finally, I will mention an important point: PR kills the link between an MP and a constituency. That is the heart of it. I speak as a former MP—there are many others in this House—in saying that, whenever MPs are accused of getting out of touch with the electorate, the answer is always the same, and it is true: if you hold surgeries every weekend and have meetings—
Lord Kerslake (CB)
Could the noble Lord perhaps address the point I made in my contribution? Whatever your views about disconnection during a general election between the vote and the person holding the seat, that does not apply to metro mayors in the way it works. Similarly, the noble Lord talks of countering the referendum, but we are here changing the voting system—we are not adding PR but reducing the current use of the system—without consultation at all.
Lord Grocott (Lab)
I am the wrong person to ask about directly elected mayors or police and crime commissioners because I have always been opposed to both. On the method whereby they are elected, I prefer a parliamentary system in local and national government —namely, a system whereby whoever holds executive power is subject to constant control, management or association with the people who decide who should be in the Executive. Some of my best friends are elected mayors or police and crime commissioners, but the system—certainly that for police and crime commissioners —is not worth having a great debate about. I repeat: the link between an MP and a constituency keeps the feet on the ground.
Finally, I think the proponents of PR call it “fair votes”—I tend to think of it as “unfair votes” because it certainly results in unfair power. It effectively means that the third most popular party of the three major national parties is the one pretty permanently in office. Nick Clegg would no doubt still be Deputy Prime Minister—there is a thought for you—almost for life, because it is always a question of which of the two main parties the third party will associate itself with. That leads to disproportionate power and influence for the smallest of the parties, which is not a system to be defended. Let us at least agree that the amendment of the noble Lord, Lord Wallace, can either be not moved—he does not seem keen to debate it—or, preferably, defeated.
Baroness Noakes (Con)
My Lords, it is a pleasure to follow the noble Lord, Lord Grocott, with whom I completely agree. I will speak mainly on the opposition to Clause 11 standing part, which is in this group, but I do not support any of the amendments in it. I listened very carefully to what the noble Lord, Lord Campbell-Savours, said—he was clearly much too modest to say that he actually invented the supplementary vote system, back in 1989, so what we heard was some rather over- protective parenthood trying to keep that system going.
Our electoral system has had first past the post at its heart for a very long time—and very successfully. The noble Lord, Lord Grocott, referred to the referendum in 2011, when the British people were quite conclusive in their view: they did not want the alternative vote system. I accept that it is not the same as the supplementary vote system, but it showed that the British public had no appetite to change from the first past the post system.
The noble Lord, Lord Kennedy of Southwark, who is unfortunately not in his place, described the supplementary vote system, in 2015, as “one of the worst” electoral systems, and I agree with that. The noble Lord, Lord Wallace of Saltaire, described it in 2014 as the “oddest” electoral system—I thought I was going to find a second thing that I could agree with him on this week, but he may have been using that as a compliment. I do not think anyone has mentioned that, in 2016, the Home Affairs Committee in the other place recommended that it be abandoned for PCC elections.
The supplementary vote system is used hardly anywhere outside England, with very good reason. The noble Lord, Lord Kerslake, helpfully gave the statistics for the 2021 London mayoral and PCC elections. He tried to blame that on the ballot paper, but I just do not buy that: there is a very significant difference between the number of spoilt ballot papers in the—
Baroness Noakes (Con)
I hear what the noble Lord has said, but the difference between the spoilt ballot papers in the local elections at that time and the PCC and London mayoral elections is too great to be laid wholly at the door of the shape or design of the ballot paper.
The British people understand the first past the post system, which is why they supported it in 2011. It gives a clear result to the candidate with the most votes, and that is the heart of accountability. If that candidate does not perform to the electorate’s will or expectation, they can boot him out; they can vote him out at subsequent elections. That is the key advantage of the first past the post system: it gives a very clear result.
Lord Scriven (LD)
Is the logic of what the noble Baroness is saying that electors in Northern Ireland and Scotland who use STV, or people in South Yorkshire who elect their mayor, cannot vote their officeholders out because of the voting system?
Baroness Noakes (Con)
They can vote them out, but it is much more obscure—the link is much less direct. The supplementary vote system, which is what we are talking about replacing, clearly allows weaker candidates, with fewer first preference votes, to get through the system because of second preference votes, which have the same value as first preference ones—that does not seem right.
My only regret about the Bill is that it does not get rid of the even more confusing additional member system for the London Assembly. As the noble Lord, Lord Grocott, said, we fortunately no longer have the proportional representation system for the EU elections, which resulted in MEPs being distant and certainly not accountable to electorates. I would personally look again at the systems used in Scotland and Wales, but I shall stick to my normal practice in your Lordships’ House of not getting involved in devolved matters. It is time for our electoral systems in England to return to their roots and for the first past the post system to be the default for national elections and all English elections.
Lord Moore of Etchingham (Non-Afl)
My Lords, I have been affected by the debate this evening. I was intending to speak—if I was going to speak at all—in a rather different way, because I have anxieties about the way that the Government introduced this legislation, at the point when they brought in all the material about the form of election. But I have been stirred by the other side of the argument, because something that I feared has definitely now come about: the people arguing against the Bill are really trying to bring back proportional representation, as a much wider piece of argument, into the whole of our public life and our electoral system—
Baroness Hayman of Ullock (Lab)
I did not argue in my speech for bringing proportional representation forward at all.
Lord Moore of Etchingham (Non-Afl)
I thank the noble Baroness for that and accept what she says. I am thinking more widely of the debate—
Lord Kerslake (CB)
Does the noble Lord agree that I also made no argument to extend proportional representation? My specific concern was about this change and it being made without consultation.
Lord Moore of Etchingham (Non-Afl)
I listened closely to the noble Lord’s speech, and it is perfectly true that he made a very long and important argument about the specifics, but he also expressed a general preference for proportional representation.
I wish to make a very simple point, which I think came across very well in what the noble Lord, Lord Lipsey, said. He described how, even under the strict chairmanship of Lord Jenkins, it took 12 months of what he called “immense complication” to look at these issues. That is precisely the problem with all this. It is dangerous to confess to ignorance in this very learned and expert House, but despite covering politics in various ways for 40 years, I have never been able fully to understand or explain all the different voting systems that clever people keep coming up with, and that is an argument against them. If somebody who is paid a salary to try to understand these things still finds them complicated, there is something wrong with them. All right, I am stupid, but I make the point that it is very important for the buy-in of a democracy that people can understand what is being said, what is being offered and how to perform the operation they are invited to perform. They can do so under first past the post, but under proportional representation they cannot, broadly speaking. Therefore, I oppose these amendments and support the Bill.
Baroness Fox of Buckley (Non-Afl)
My Lords, I used to be a full supporter of first past the post, very much in the spirit of the remarks made by the noble Lord, Lord Grocott, and those of the noble Baroness, Lady Noakes, in relation to accountability. However, over recent years I have started to see a problem that I wanted to raise—I am not just doing this as counselling. Because of the whole of Clause 11, we have been invited, in a way, by the Government to discuss electoral systems, and that is one of the problems with the way it has emerged. I would not be discussing it if they had not brought it in, but now that everyone else is discussing it, I will join in.
I was minded to support Amendment 136 until I realised that it was an amendment that would overturn a referendum, which struck me as not a good idea and not likely to fit in with my general position on these things. It is perhaps ironic to those people in this Committee arguing for proportional representation that I was elected using that method in the European elections and came top of the list. I do not know if people think that was a fully democratic system, because a lot of people did not think that I should have been there at all, or elected in that way, when I stood only for very particular reasons, as we know.
These are the problems with first past the post in 2022 that I cannot get my head around. Through this Bill, we want to reassure voters that elections are watertight in terms of fairness and that they represent what they want as voters. In a number of debates, we have discussed our worries about different clauses that might be seen to be disenfranchising voters—sometimes I think these are overwrought worries, but they are worries none the less. It seems to me, however, that first past the post, in lots of ways, makes many people’s votes redundant and represents a frustration with what is happening politically.
I remember that before the 2016 referendum I was invited to a think tank gathering at which most of the people were supporters of remaining in the European Union. They assumed that I was as well, because that is what nice think-tankers did. They said that one problem they had was that the referendum would not be taken seriously if they did not get a big turnout, so what could they do to get a big turnout? The consensus in the room was that it must be emphasised that a vote in the 2016 referendum was a once-in-a-lifetime vote where, for once, every single person’s vote would count. They went out and argued that very successfully and the nation said, “My goodness, for once my vote really will count.” As a consequence, people took it seriously that they were being asked to make a big constitutional decision and that this was one election where every individual vote meant something. In the build-up to the referendum, it led to grass-roots discussion groups being set up around the country, family conferences and people getting together with their research. People took the whole thing extremely seriously and there was an atmosphere of vibrancy and buzz, with people saying, “What should we do?” as they assessed the pros and cons. People rose to the challenge that their vote counted, an idea which I think really resonated.
Lord Scriven (LD)
My Lords, I rise to speak on behalf of my noble friend Lord Shipley, who has Amendment 144C in his name, but he is in Grand Committee and unfortunately cannot be here to speak to it. In so doing, I declare my interest as laid down in the register, both as a vice-president of the Local Government Association and as a trustee of Make Votes Count.
The amendment tabled by my noble friend Lord Shipley would implement PR in local government—not a system for proportional against the whole district, but a system for each ward based on the one-two-three model. This keeps the ward as the basis of the representative district but makes sure that the system is more representative of the majority views of the electorate.
That would avoid councils being heavily dominated by one party that secures less than 50% of the poll, in the vast majority of seats. At least each councillor would have the support of 50% plus one after the transfers at second preference. If I apply that to my own city of Sheffield, 29 seats were up for election in 2021 but in only seven of them did someone get more than 50% of the vote in the ward. The figure for the candidate who got elected with the smallest percentage of votes was 31.7%. That happened to be a Liberal Democrat, so this is not a political issue; as a matter of principle, I do not think a system is fair when 29 seats are up for election but only seven of them are elected on the basis of the majority of people who decide to go out and vote. So I support the amendment in my noble friend’s name.
I turn to the wider argument about how Clause 11 came about. Having listened to the last hour and a half, I say to those noble Lords who are not normally invited to Liberal Democrat ward meetings that it has sounded a bit like a Liberal Democrat ward meeting. Some people in this Chamber who are not Liberal Democrats seem far more technical and geeky than some Liberal Democrats on voting systems. I have heard many arguments about why we are talking about voting systems. Let me be clear: we would not be talking about voting systems at all if the Government had not tried to push through this clause as they did in the House of Commons.
It is quite insulting for an elector back in South Yorkshire, who has voted for a metro mayor, who was asked whether we wanted one and then told what the voting system would be—or at least we were asked about how we wanted a mayor and a voting system—to be told now that that voting system is somehow too complicated for us or not relevant to our local area. This has been pushed through without any consultation at all with the areas that have metro mayors. We have had no say back in our regions about whether we want this change. That is not the way to bring about change. It is for that reason more than anything else that I do not think Clause 11 should stand part.
I turn to some of the other arguments. I have to point out very gently to some noble Lords that this is not 2011; we are now in 2021.
Lord Scriven (LD)
Sorry, 2022. It feels as if this debate started last year.
The YouGov tracker looks at a number of issues. One issue that it has been tracking for 10 years is people’s perceptions of voting and voting systems. The question it asks is:
“Some people support a change in the British voting system to proportional representation, where the number of MPs a party wins more closely reflects the share of the vote they receive. Other people support retaining our present voting system, First Past the Post, which is more likely to give one party an overall majority in the House of Commons and avoid a hung Parliament. Which voting system would you prefer?”
In March 2022, the latest figure—and this has been a trend for over 10 years—the vast majority of people who give a preference support PR, with 44% in favour of PR and 27% in favour of first past the post. Among Liberal Democrat voters, 62% support a PR system while 21% are in favour of first past the post. The party with the highest number of people who support first past the post is the Labour Party; 64% support PR and 13% support first past the post. I accept that among Conservative voters there is a small majority for first past the post.
We should look at the Red Wall seats. This is really important because a lot of people really feel that their vote does not count, that they do not have a voice and that in some constituencies there are MPs for life. In certain parts where I come from, people say, “No matter who you put up, if they wear a certain colour of rosette then they will get elected.” This is not a middle-class or a southern debate; in the north, 43% support PR and 28% do not.
Lord Grocott (Lab)
Could the noble Lord remind us of his sample size? Mine was 19.2 million.
Lord Scriven (LD)
That was 11 years ago. I am trying to point out to the noble Lord that people’s views change. I am not prepared to accept that 2011 is still how the public feel.
Lord Hodgson of Astley Abbotts (Con)
Could the noble Lord answer the second question, which was: what type of PR was wanted? That is the problem. It is not just about saying “We like PR.” There is a huge gamut of options. Unless you are clear about what is actually being offered to people, you will get that answer but then, when they have to make a choice, first past the post comes back to the front.
Lord Scriven (LD)
I support Amendment 140, which is about setting up a citizens’ assembly to go through this question so that citizens can come to a view about the best voting system that they would wish to see if we moved to a PR system. I would therefore like to leave it to a citizens’ assembly rather than dictating it. I have my own personal preference, which is STV, but I do not think it should be about my personal preference; I think it should be down to a citizens’ assembly.
I do not think the British public are stuck back in 2011. I think we have moved forward and people feel that PR is the future. That goes across all parties and social demographics—apart from the Conservative Party voters who support first past the post—and all regions of the UK.
The way that Clause 11, regarding mayors and police and crime commissioners, was introduced by the Government in the other place, and the very fact that those people who were offered a mayor on a system of voting that was not first past the post have not been asked, is not levelling up; it is pushing us down and completely ignoring the voice of the people back in those regions who now have a metro mayor.
Lord Kilclooney (CB)
My Lords, back in the middle of the last century when I was Minister of State for Home Affairs in the old parliament in Northern Ireland, I had the task of reforming the local government system in Northern Ireland, which was then first past the post. This meant that in the west all the councillors were Irish nationalists and in the east all the councillors were Ulster unionists. Against some opposition from my own party, I introduced a Bill that included STV for local government. This resulted in the unionists in the west, who are the 40% minority, having representation for the first time, and they have it still today. Likewise, the Irish nationalists gained seats in the east that they would not have had under first past the post. So there was fair representation of Catholics and Irish nationalists in the eastern part of Northern Ireland and fair representation of unionists and protestants in the western part.
When it comes to UK elections, of course we still have first past the post because that is the UK law. What does that result in? It results in Sinn Féin/IRA winning many seats where they get less than 50% of the votes cast in their constituencies, and the result of that election is that they boycott the House of Commons. If we had STV or some other kind of proportional representation system in UK elections in Northern Ireland, I think we would have very few Sinn Féin MPs in the House of Commons.
Lord Framlingham (Con)
My Lords, I want to make one very simple point related to what we are talking about. I agree entirely with the words of the noble Lord, Lord Grocott, and my noble friend Lady Noakes. I really believe that first past the post has stood the test of time. I think that all the other ideas are more complex and more difficult, and that if the general public were asked and thought it through again, they would still vote for first past the post. What worries me is this. If it is true that most people out there still want first past the post, but the general feeling in here is that they should not have it, we ought to think very carefully about what that says about your Lordships’ House.
Lord Liddle (Lab)
I should confess to having been a supporter of electoral reform for many years—since the 1970s, when I was working for the Labour Government. The reason I became a supporter of electoral reform was that I felt our society was becoming very dysfunctional, our way of government was very dysfunction, and the Labour party was essentially two parties forced together into one and was not really working in the best interests of the country.
The essay question I would love to debate with the noble Lord, Lord Moore, and that has to be addressed, is this: in the post-war period, particularly given the troubles we have been through in the last 10 years, has Britain had a more satisfactory system of governance than Germany? Germany has been so successful, with its proportional representation and federal system—a system, incidentally, in which British advisers and British politicians played a very important part in ensuring in the democratic part of Germany after 1945. For me, that is the big essay question. I know what I think about it, but it would be worthy of debate.
However, we are not debating that general question this evening; we are debating the specifics of whether the supplementary vote system should be changed. I have been sitting for an hour and 43 minutes through this debate, and I should think that less than a third of it has addressed that specific point, and so I do not want to detain the Committee for long. I accept all the arguments that have been made about the undesirability of this proposal emerging at a very late stage in this Bill. I do not think changes in electoral systems should be introduced in an arbitrary way, or as my noble friend Lord Lipsey said, as Tony Crosland would have said, in a frivolous way; they ought to be seriously considered.
It is possible to have different electoral systems for different purposes; we do not have to have the same electoral system for everything. We now have a great variety of electoral systems. I am quite interested to know why the noble Lord, Lord True, thinks it is desirable to go back to first past the post for the Mayor of London elections but to retain the proportionally elected London Assembly. It seems to me that if, as a result of that action, the mayor’s political base is significantly lower than it is under the present system, then there is the possibility of real dysfunctional government when agreeing budgets and other questions where the London Assembly has a say. That is a very serious point.
I think that devolution has been a success, certainly in Scotland and Wales. I even think that what the noble Lord, Lord Kilclooney, said about Northern Ireland was very interesting. The success of devolution has depended on a proportional system, and on the additional member system in Scotland and Wales. Look at how support for devolution has grown, particularly in Wales, since it came about in the late 1990s. It would be difficult for the Government—even this Government—to try to abolish Welsh and Scottish devolution. One of the reasons it has such strong support is because it is seen to be very representative across the community. There is an understanding between Plaid Cymru and the Labour Party in Wales. Similarly, despite disliking the thought of an SNP Government, they do show that a proportional system enables change to happen. Labour showed great foresight in devolution, in agreeing to a proportional system. For that purpose, it has been very successful.
On the question of the supplementary vote, particularly for mayors, one of the arguments—as I remember it from when I was in No. 10—for introducing this arrangement was that we wanted to encourage the possibility of diverse and independent candidates coming forward who might challenge the established parties. That is quite a good argument.
Lord Collins of Highbury (Lab)
My noble friend did not say that at the time.
Lord Liddle (Lab)
It was said in the councils of which I was part that it would be a good idea to shake up conventional politics at the local level. That was the argument.
Lord Grocott (Lab)
I do not normally draw attention to this but my noble friend and I were both working in No. 10 at the same time. I would say two things: first, if that was ever discussed, I never heard it; and, secondly, if I had heard it, I would have been ferociously opposed to it.
Lord Liddle (Lab)
I have no doubt about that; that is why we would not have mentioned it to my noble friend. I am trying to make the point that there is an argument for something that opens up politics a bit more.
In the case of mayors, it is not like voting for an MP, where you are basically voting for who you want to be Prime Minister or which political party you support. It is very much about who you want to govern your local area, and they should have the widest possible base of support.
Lord Murphy of Torfaen (Lab)
My Lords, it is a great pleasure always to follow my noble friend Lord Liddle, even though I would not agree with an awful lot of what he said; it is a great pleasure to follow him, nevertheless.
I absolutely think that there is no case at the moment for changing the electoral system for police commissioners. We have no directly elected mayors in Wales but we have police commissioners. There is a very strong case for trying to increase the turnout and the interest in elections for police commissioners. I am reminded of the fact that, in the very first election for police commissioners in Gwent, my own county, there was one notorious ward in the city of Newport where not a single person turned up to vote—no one at all. We are deluded if we think that changing the electoral system will improve interest. We look forward with great interest to the Minister telling us why we need to change the system.
I refer now to Amendment 136, and the very interesting debate we have had on first past the post versus proportional representation. This is not a wide debate—it would take days, weeks and months to do that—but rather one on the nature of the amendment we have been asked to consider. The amendment says that the House of Commons should be elected by PR, full stop. My noble friend Lord Grocott, in a fine speech, referred to the fact that these things cannot be changed unless there is a referendum on them. It is a rather unusual argument to suggest that because we had one in 2011 it is no longer relevant. Of course it is relevant, in the sense that we should have another referendum if that is required and should not change things unless the people are asked.
In my political lifetime, I have fought 11 elections. I served as an elected representative for 49 years, 28 of them in the other place. The great advantage of our system is that there is a marvellous link between the elected representative and the people whom he or she represents. It is unique. I was always referred to as “my MP” or “our MP” in the possessive case because they thought that. The contrast, for example, with the change that took place when we altered our electoral system for the European Parliament was immense.
Of course, the constituencies for Europe were very large—grotesquely large in some senses—but I bet your bottom dollar that people knew who their Member of the European Parliament was. I bet your bottom dollar, too, that they did not when the new system came in. I did not know who mine was, and I was an MP for the area towards the end of that system. We completely lost that link between the elected representatives and the people whom they represented. That is the greatest aspect of our system, which we must not do away with.
Of course, we have different systems in different parts of the United Kingdom. I was partly instrumental in bringing about the system in Northern Ireland. The noble Lord, Lord Kilclooney, was right. He was very advanced and forward-looking when he made that change all those years ago. The only way that the partisanship in Northern Ireland could be destroyed was to have that system changed. It is very different there from the rest of the United Kingdom. It is not the same as Wales or Scotland or England because, by voting the way they do in Northern Ireland, they express a very different view from that expressed by the rest of the United Kingdom. That was a very significant change indeed. The Assembly is elected by STV; local government is elected by STV, but, of course, the MPs in the United Kingdom Parliament are elected by first past the post.
Scotland and Wales are different. They have top- up systems, known as AMSs. They are entirely incomprehensible to the voter. I entirely agree with the noble Lord, Lord Moore, that if the voter cannot understand what they are voting for, it is a very poor system. Indeed, in Wales, a commission has been set up to investigate changing to a different system, although I do not think they will change completely to first past the post. There is some merit in having different systems in different parts of the country—in Wales, Scotland and Northern Ireland for their own assemblies—but they have to be comprehensible to the voters who use them. At the moment, that is not the case.
The biggest flaw, of course, in this amendment is that it does not seek proper legitimacy for the change. It is not just the 2011 referendum, but in every case—in Northern Ireland, Wales and Scotland—referendums were held for the new systems of government, and that included the way those Governments and Assemblies were elected in every single case. In Wales, of course, when they wanted extra powers some years ago, they went for another referendum to get that legitimacy which lies behind every change. So, for me, the great weakness of this amendment is not just that I do not agree with PR, but rather my belief that the way in which the change would be introduced has to be done by asking the people. If you ask the people, you must also say to them: “Do you understand what it is you are voting for?”
Lord Hacking (Lab)
My Lords, as a very new Member of the House, I had not intended to take part in Committee on this important Bill. However, I need to do so to make a confession. Under the hereditary by-elections, in which I participated quite recently, the process is one entirely of proportional representation. That will open up my noble friend Lord Grocott to argue that this is a further reason why the hereditary Peers’ elections should not take place. He might add that it is a further reason why we should not be here at all.
Lord Stunell (LD)
My Lords, I want to make a brief contribution on Amendment 144C in the name of my noble friend Lord Shipley, relating to proportional representation in local government. My noble friend Lord Scriven, the noble Lord, Lord Murphy, and others have spoken on it as well. I want to pick up one remark made by the noble Baroness, Lady Noakes, that the problem with, for instance, the European elections and the nature of the voting system for them was that those elected were too distant from the electors. I will make a couple of points relating to local government, which I think might be relevant.
Last May, in the local elections, 3.2 million people voted Conservative but still found themselves in a local authority that had no Conservative councillors at all; 40,000 of those were in Manchester, the neighbouring authority to my authority of Stockport. Those 40,000 people voted Conservative, but they did not get one Conservative councillor elected in Manchester. In fact, there has not been a Conservative elected to Manchester City Council since 1992. There are actually a large number of local authorities where one or the other of the two big parties does not have any representatives at all in that area.
The Conservatives have no councillors elected in Newcastle, Norwich, Newham, Oxford or Cambridge. There is a list, but I will not go on any further than that. Conversely, of course, there are plenty of Labour voters who are not represented at all by a councillor in the authority in which they reside: 5.8 million Labour votes were cast for candidates in local authorities where no Labour councillor at all was elected. When it comes to being distant from the electors, we need to bear in mind the very polarising effect of first past the post in quite a number of our local authorities.
One place where Labour has no councillors is the Royal Borough of Kingston upon Thames in London. Labour had 36% of the national share of the vote at the last round of elections but no Labour councillor was elected. That was a Liberal Democrat stronghold, but in Harrogate, 23.4% of people voted for Labour candidates, but none was elected. That is a Conservative stronghold.
It is not just whether people have representation at all in a local authority; it is whether they have appropriate representation, depending on the strength of the electorate who supported them. I picked out just one local authority—not completely at random—the London Borough of Richmond upon Thames, where in 2018, 78,491 votes were cast for Conservative candidates, and that resulted in the election of 11 councillors. In fact, they lost 28 seats as a result of that. They should, in fact, have had 20 seats, had there been a more proportional system.
I will not detain the Committee any further on that but point out simply that this amendment would introduce a change to local government in England which would be very much to the benefit of local democracy and the fair representation of people. It would give people a voice or a channel of communication, at least, for their point of view in practically every town hall in the country.
On the much wider debate that has opened up, I say simply to the noble Lord, Lord Grocott, that in 2010, when he stood for election on the Labour manifesto, he stood on a commitment to introduce the alternative vote. Indeed, I remember, as one of those who took part in the negotiations with the other parties in the start-up of the coalition Government, having a discussion with senior members of his party about that proposition.
Lord Grocott (Lab)
If I heard aright, the noble Lord said that I stood in the election of 2010, but I am afraid that I was in the House of Lords by that stage.
Lord Stunell (LD)
How very wise the noble Lord was to miss that particular commitment, is all I can say. A number of his colleagues were blessed by that promise.
To return to the substance of Clause 11 and the amendments moved by the noble Lord, Lord True, I remind the Committee that the Law Commission said that there should be a comprehensive overhaul of election legislation brought forward in a proper Bill. The Committee on Standards in Public Life produced 47 recommendations for change. Both those ideas have been rejected by the Government on the grounds that there has not been enough time, it needs more consideration and there would have to be wide consultation before they could be brought in. Finding that this proposition has been dumped into the Bill is inconsistent with that view against having a comprehensive reform of electoral law, along the basis that independent sources strongly recommend.
I was impressed by what the noble Baroness, Lady Hayman, said about the views of the Mayor of Greater Manchester and his reasoning. That struck me, as someone who lives in the area over which the mayor casts his eye, more powerfully than it probably did other noble Lords. There is no element of self-interest in what the Mayor of Greater Manchester said. It grieves me to say that in the May mayoral election, Andy Burnham, the mayor, won a plurality of votes in every ward in every borough in Greater Manchester, including all those which at the same time returned Tory, Liberal Democrat and, in one or two cases, independent councillors. There was a clear view from the electorate that they wanted this personality as the Mayor of Greater Manchester. Whether we like to believe it or not, it clearly transcended people’s normal political convictions to say, “In this case, I am voting for this person.” That characteristic of the mayoral election frankly surprised me, because I am not a supporter of mayoral systems, but I must admit there was a powerful advert for it in that election.
There is also a powerful advert there for the retention of a first and second choice. It was not called into play in Greater Manchester so we do not know what the figures would have been, but we know the result in those places where it has been called into play, and people have quite easily adopted the idea that they have a preferred candidate but, if it cannot be that one, there is another who would do as their second best. That development of an overall mandate is a powerful benefit of the present system, whatever its authorship might be. It might well be the first time that the noble Lord, Lord Campbell-Savours, and I have been on the same side of any discussion.
I strongly support the view that we should delete Clause 11 and retain the current system of electing our mayors in the big cities.
Lord True (Con)
My Lords, it has been a lengthy debate. I say to the noble Lord, Lord Stunell, that I have not presented any amendment. I am presenting to your Lordships’ House a Bill which has been passed by the elected House, and your Lordships are expressing opinions on it. It is certainly not the Government who have sought to Christmas-tree the Bill with a generalised debate on proportional representation. The actors in that are elsewhere than at the Dispatch Box.
Lord Wallace of Saltaire (LD)
My Lords, the amendment which was introduced in the Commons and is now Clause 11 was a Christmas-tree addition to the Bill by the Government.
Lord True (Con)
I will come to that, my Lords. If the Committee will be indulgent, I think it has heard quite a lot of debate on this subject and I will try to come to the point. As I see it, this very lengthy debate boiled down to two things. First, do we like first past the post? Regrettably, a lot of your Lordships who spoke do not seem to like it, although, like the noble Lord, Lord Grocott, having fought a few elections myself, it seems pretty simple and clear for electors to stick a cross on a piece of paper and get a result. The noble Lord, Lord Campbell-Savours, was not impressed by that, but the simplicity and clarity of first past the post has a lot to say for it. The second issue in the debate was: should we do this now, in this Bill and in these particular elections? I shall seek to address both of them.
It is irresistible to contemplate the thought of the noble Lord, Lord Scriven, poring over his opinion polls about how popular PR is. I remind him that, before the referendum in 2011—you can look it up on Wikipedia if you like—the opinion polls said how rapturously enthusiastic the majority of the British public were about PR. When the actual argument came along and it was put, they voted for first past the post by—I cannot remember the figure, but I think the noble Lord, Lord Grocott, said it was 68%. I would not advise the noble Lord, Lord Scriven, to put too much faith in his opinion polls, although it is a characteristic of that party.
Lord Scriven (LD)
I just make one point of clarification. It is not an opinion poll but a tracker of opinion over time. If the public should be asked about changing the system, will the Government ask the people in the areas with police and crime commissioners and metro mayors to have a referendum to see whether we want to change the system that we already have?
Lord True
My Lords, whether it is a poll or a tracker, the noble Lord is welcome to look at it. I will persist with my remarks, which will address the point he just made.
Another argument put by the noble Baroness, Lady Fox, was that new parties could not arise. A very great new party arose under the present system: it is called the Labour Party. It supplanted the other party, and it did so because it was popular. As we will see on a later group, one problem is that the parties that want to make the change are those that are not popular, or generally less popular.
That is what the debate was about. I listened with great respect and persistence to the noble Lord, Lord Kerslake —he spoke for nearly 20 minutes. It could have boiled down to one sentence: he did not like first past the post and he wanted your Lordships to stop this proposition. I will now try to address both those points.
Lord Kerslake (CB)
If you make a comment about what somebody said, you need them to be able to come back and say you have got it wrong. The precise point I was making in my speech was not that I favoured PR—although I happen to—but that, irrespective of whether you support PR, the way the Government are doing this and what they are doing is wrong. That is exactly the argument I am making. It is really important not to distort what people are saying in their speeches.
Lord True (Con)
One might have thought, listening to the noble Lord, that he was talking about his liking for PR, but I will read very carefully what he said in those 17 minutes.
There is one specific amendment that I should like to address, to which the noble Baroness, Lady Hayman, spoke on behalf of the noble Lord, Lord Mann. Although he is not in his place, a specific question was asked on Amendment 144D. That amendment would allow returning officers to establish polling stations for five days ahead of the day of a poll. Although advance in-person voting is not available in the UK, voters are already able to cast their vote in advance of the poll by post. The amendment would pose significant logistical challenges for returning officers, including the need to prevent double voting, and could create an inconsistency across the country as to when and where people were able to vote in person, so I would not be able to accept that amendment in this group.
Lord Davies of Brixton (Lab)
The noble Lord is characterising my vote. It was against the alternative vote system and not for first past the post. We voted on an alternative vote system. That is not what the Minister is suggesting the vote was on.
Lord True (Con)
My Lords, I do not know whether the noble Lord has been here all through the debate, but I maintain the position that the Electoral Commission has reported. I have given the facts to the Committee on the problems that arose under the supplementary vote system.
Lord Kerslake (CB)
My Lords, with respect, the Minister partially reported what the Electoral Commission said. It pointed to the fact that the level of rejections in the 2016 election was 1.9%. It said the single biggest issue in the 2021 election was the design of the form. Those are critical factors in forming a judgment about the voting system.
Lord True (Con)
My Lords, the noble Lord says let us have a look at 2016. The noble Lord also said not to pay any attention to the 2017 Conservative Party manifesto which is explicit on this point before the Committee. He wants to go back to 2016 for one thing and not back to 2017 for another. I think the noble Lord is rather picking and choosing his arguments. I wish to make progress—
Lord Liddle (Lab)
The Minister made an important point in his argument about the 2011 referendum. That was on first past the post for Westminster elections. Is the Government’s contention that they want to see first past the post for all elections in the UK, including the Scottish and Welsh Parliaments and the London Assembly? If that is so, why have they not introduced that in this Bill? Why pick on this particular electoral choice?
Lord True (Con)
My Lords, I am speaking to what is before the Committee at the moment. As far as the Scottish and Welsh elections are concerned, the noble Lord knows very well that there is devolution, which this Government respect.
I will respond to what the noble Lord said about the London Assembly. It involves rather more complex issues in terms of the Assembly’s potential make-up. We will be considering further how these principles could be applied to the London Assembly and perhaps promoting the use of first past the post, but we are open to representations on how that could be implemented. For the moment, the proposition is on these specific elections, against the background I have described: the Government committed to first past the post, the Elections Bill and the evidence of problems in 2021.
I turn to the broader amendments—which I must because they are before the Committee—from the noble Lord, Lord Wallace, and the noble Baroness, Lady Jones of Moulsecoomb. It is always the less popular parties which clamour for PR. They want to introduce a new clause abolishing the use of first past the post at parliamentary general elections held more than six months after the passage of the Bill. For the reasons I have already discussed, we cannot accept that. First past the post ensures a clear link between elected representatives and constituents in a manner that other voting systems do not. The noble Lord, Lord Murphy, was compelling on that point.
The new clause proposed by the noble Lord, Lord Wallace, is not clear even on what sort of electoral system he wants to introduce—that is the most bizarre thing about the amendment that he is asking your Lordships to agree with. He wants to get rid of the present system within two years, but he does not say what would happen if an election came along before that or in the period where there was uncertainty because a new system would require further primary legislation to enact it. There is a real risk, if we went down the road proposed by the noble Lord, that we might not have an established legal method as to how Members of the other place were elected. To be confronted with this question mark of an amendment when the Government are charged with being frivolous—I think the proponents of this amendment are frivolous. All we know from the noble Lord’s amendment is that he wants a system that would have had, over the past five parliamentary general elections, a mean average Gallagher proportionality index of less than 10—that will get them jumping around in the pubs in Saltaire and Moulsecoomb, I am sure.
Lord Wallace of Saltaire (LD)
I am sure that the Minister knows that this is copied from the SNP amendment in the Commons. One may talk about umpteen different proportional systems—and no electoral system is perfect, of course—but there is a choice to be made, putting it simply, between the Irish and the Scottish and Welsh systems. I prefer the Irish, but I think it would be appropriate to have some consultation among parties before a decision was finally taken. The point that a number of us have been making throughout the Bill is that, on constitutional matters such as this, it would be appropriate to aim for some consensus among the parties, rather than have each party—as in our aggressive two-party system—changing the rules to favour itself.
Lord True (Con)
The noble Lord has completely failed to answer the core question. He has thought about this amendment and tabled it, it is here on the list and in it he says:
“The simple majority system must not be used for any Parliamentary general election after the end of the period of six months beginning on the day on which this Act is passed.”
Who knows when the end of the Session will be, but let us say that this Act is fortunate enough to get on to the statute book, that means that for any election in 2023 or 2024, we would not be allowed to use first past the post—if your Lordships agreed to the amendment that the Liberal Democrats have put before the Committee, supported by the Green group—but would have to flounder around to find some other system, which the noble Lord will not specify, which would have a mean average Gallagher proportionality index of less than 10.
I am accused—the Government are accused—of coming to this Dispatch Box arguing for first past the post, which people understand, while the people on the other side come forward with a kind of canard of nonsense, such as in the noble Lord’s amendment. We are also asked for citizens’ assemblies, but I can only repeat what the noble Lord, Lord Grocott said, with much greater eloquence than mine, that we did have a big citizens’ assembly of nearly 20 million people who decided this in 2011.
I am not convinced by the arguments that I have heard on proportional representation; I do not believe that this is the appropriate Bill in which to try to change our system from first past the post within six months, as is proposed. But, returning to the core of the question, I do believe that it is reasonable to have a simpler system than the system that proved so confusing and led to so many wasted votes in the London elections and that we should go for first past the post, as the Government have maintained very clearly. I ask the House to reject the amendments that have been tabled.
Baroness Hayman of Ullock (Lab)
My Lords, I do not want to get into any discussion at all about what sort of electoral system is best because, to me, that is not what this clause is about. It is about changing the system without any consultation at all. Much of this Bill has had no consultation or pre-legislative scrutiny. Our concern—my big concern—is that lack of consultation, working with local people about the proposals. With the changes to the mayoral system and the PCCs, but the mayoral system in particular, it is extremely disappointing that the Government decided to bring these in—very, very late and after they had been told originally that it was out of scope. That, to me, is the big problem with Clause 11. I am disappointed that the Minister did not address my concerns around the fact that it was disrespectful to the House and that an Elections Bill should have more consideration.
Lord True (Con)
I am sorry that the noble Baroness—for whom I have the greatest possible respect, as she knows—feels that way. The House of Commons did not seem to regard it as disrespectful. I have submitted that there is nothing novel or unusual about first past the post. It is not one of the kinds of systems that is suggested. The Government have made it clear to the electorate that they wish to maintain and support first past the post. We have an Elections Bill, we have the evidence of the difficulties caused in the London mayoral elections, and I think it is reasonable for the Government to seek to address that. Others may have different opinions, but I think Parliament would be remiss in not considering whether there is a better system than that which led to hundreds of thousands of wasted votes in the London elections last spring.
Baroness Hayman of Ullock (Lab)
I have the greatest respect for the Minister but—with the greatest respect—that really did not address the issue. However, in the meantime, I beg leave to withdraw the amendment.
Lord Wallace of Saltaire
“Voting from age 16 in parliamentary elections
(1) The Representation of the People Act 1983 is amended as follows.(2) In section 1(1)(d) (definition of voting age for parliamentary elections), for “18” substitute “16”.”Member’s explanatory statement
This new Clause would lower the voting age to 16 in UK parliamentary elections.
Lord Wallace of Saltaire (LD)
My Lords, Amendments 137 and 138 are grouped with Amendment 143 in the name of the noble Lord, Lord Holmes of Richmond, who will undoubtedly want to speak to that amendment.
We have just had a long debate on voting systems because the Bill contains a clause that intends to change part of our voting system. The Bill also has a number of clauses that add somewhere between 1 million and 4 million extra voters to the electorate by extending the overseas electorate. I declare an interest as I have two sisters who have lived abroad for 50 years who would now be able to vote in British elections, not to mention a niece born in Britain, so I am conscious of the problems with that.
That means that the discussion as to whether or not the electorate might also be extended to include those between the ages of 16 and 18 is within scope of the Bill. As I mentioned in my earlier speech, it would have been appropriate for that to have been considered together with the question of whether to extend the electorate by increasing the opportunities for overseas voters to register. I do not intend to rehearse all the arguments for voting at 16. I say merely that I was converted to this by going round schools and learning about, first, the lack of citizenship education; secondly, the lack of engagement by young people in politics; and, thirdly, our failure to get young people to register.
The proportion of people aged 18 to 25 on the register is, in some areas, as low as 40%. That is an extremely poor failure within our electoral system. It is also very bad for our politics that we have an increasingly elderly electorate, which votes. Parties recognise this and therefore produce policies that appeal to older voters. Young people do not vote, which therefore means that the parties tend not to produce policies that they think are particularly important for younger voters. Again, I declare an interest, as I have twice led the manifesto process for my own party and I can remember, in 1996-97, people saying, “William, that’s not terribly important; we have to produce policies that appeal to people in their 40s, 50s and 60s, not those in their 20s and 30s, because those are the people who really care about this.”
The two amendments on which I am speaking are for parliamentary and local elections. I raise these as probing amendments. I suggest that the Government ought at least to be open to the idea of opening voting in local elections to young people aged 16, because it would involve them in discussing local democracy. It would therefore help to educate them about local democracy and that is very important for the future of our country.
I will make just one further remark. The last debate was remarkably English, with the exception of the contributions from the noble Lords, Lord Murphy and Lord Kilclooney. We have had proportional representation in the United Kingdom in two different forms in Northern Ireland and in Scotland and Wales. I am now talking about the problem of young people throughout the United Kingdom. I hope the Minister will at least address the problem of how we engage young people in politics. How do we get citizenship education back into our schools? How do we make sure the young do not switch off from politics, as there is substantial evidence that they have? I beg to move.
Baroness Lister of Burtersett (Lab)
My Lords, I support Amendments 137 and 138, to which I have added my name, and oppose Amendment 143. Last November, the eminent professor of politics at Cambridge University, David Runciman, published an extended article arguing that children should be allowed to vote from the age of six. He cited a new book by John Wall which makes the case for no lower age limit on voting rights in the name of true democracy, and which addresses objections such as those based on competency. Wall suggests that parents and guardians should be able to cast proxy votes until such time as a child feels ready to vote on their own behalf. Runciman argued that
“if societies want to be truly democratic, they need to overcome their engrained biases and embrace the whole human community”.
I cite these examples not to make that argument but to show how modest and unradical the growing call for votes at 16 is. It is a step already taken by our sister Parliaments in Holyrood and Cardiff. Nevertheless, I acknowledge there is not a consensus in favour, as was clear from the evidence presented to the Select Committee on Citizenship and Civic Engagement, of which I was a member and which was chaired by the noble Lord, Lord Hodgson of Astley Abbotts.
Indeed, children and young people themselves are not unanimously in support, as I discovered in research I undertook into young people’s transitions to citizenship some years ago. The main reason given against the idea in that research and elsewhere was that the young people did not feel they had sufficient knowledge and understanding of politics to vote wisely. To my mind, the very fact they think that indicates a greater thoughtfulness about voting than some adults show.
That underlines the importance, as has already been mentioned, of citizenship education. As we said in our Select Committee report,
“Citizenship education is a crucial piece of the puzzle for thinking about the age at which people can vote.”
We noted that
“The UN Committee on the Rights of the Child recommended that if the UK should choose to lower its voting age it should ensure it is supported by ‘active citizenship and human rights education’.”
Unfortunately, the committee found the state of citizenship education to be pretty woeful, and I do not have reason to believe that it has improved much, if at all. But that is not a reason for not extending the vote to 16 year-olds; rather, it is an argument for giving much higher priority to decent citizenship education, as recommended by the committee.
There are instrumental arguments in favour of extending the franchise to 16. With decent citizenship education, 16 and 17-year-olds could be much better prepared for voting than older voters. They could be more likely to vote and then to keep voting as they get older. If they had the vote and used it, politicians might pay more attention to their needs and concerns, as the noble Lord, Lord Wallace of Saltaire, has argued.
For me, the overwhelming argument is that so many in this age group are already acting as citizens and have been taking the lead on crucial issues such as the climate emergency. In the study I carried out, those who wanted a reduction in the voting age felt that without it they were not being listened to or respected, and that the vote would help them feel that they belonged and that they had a say as full and proper citizens
In the same vein, the Select Committee on Citizenship and Civic Engagement heard from the young people we met that the lack of the vote was “a sore point”. Even if votes at 16 are not young people’s top priority, they pointed out to us that
“the Make Your Mark campaign coordinated by the UK Youth Parliament included … votes at 16 one of their core campaigns”,
voted for by over 950,000 young people. What better way to recognise these young people as full citizens than to extend the vote to them?
It is because of the implications for citizenship that I oppose Amendment 143, as tying the vote to employment and income tax status would create two classes of citizenship. In doing so, it would be divisive and exclusionary, which is the very opposite of what citizenship should be about and what we want to achieve by extending the franchise. From a practical point of view, it would be subject to annual decisions about the level of the tax threshold so young people on low incomes could find their right to vote fluctuating like a yo-yo, which is not conducive to them turning out to vote.
In the Commons, two Oral Questions on votes at 16 were met with a one-word answer: “No.” I have no doubt these amendments will be rejected also, but I hope not in similar peremptory fashion. I hope that the Minister will first give serious consideration to the case made, which is gaining more and more support.
Baroness Bennett of Manor Castle (GP)
My Lords, I follow the noble Lord, Lord Wallace, and the noble Baroness, Lady Lister, with pleasure. I will speak to Amendments 137 and 138, to which I have attached my name. Like the noble Baroness, Lady Lister—I am sorry we have not heard from the noble Lord, Lord Holmes of Richmond, and are yet to hear his case—I oppose Amendment 143 on the basis that it assumes that contribution to society can somehow be measured by income. In fact, we know that many of the people who contribute most to our society, whether they be carers—there are many young carers in our society—or people involved in the community, are huge parts of their community without receiving any income for that.
I will speak chiefly to Amendments 137 and 138. The noble Lord, Lord Wallace, in introducing this, reflected on the previous group being very English in its debate. That is particularly relevant to this group, as Scotland and Wales have votes at 16—the former having had it since 2015—with full cross-party support, including enthusiastic support from the former Scottish Tory leader and now Member of your Lordships’ House, the noble Baroness, Lady Davidson. It is a pity she is not with us today; I hope she might join us to share her thoughts on this on Report because that would be interesting and informative.
The success of the policy north of the English border has been very obvious, with very high turnout among 16 and 17 year-olds—a higher turnout than for 18 to 24 year-olds, with 75% voting and 97% saying they would vote in future elections. It is also worth noting that research shows they got their information from a wider range of sources than voters of older age groups. There is very strong evidence that people who vote in their first possible election are far more likely to keep voting. We have lost generations of people who have not voted in their first election. If we have votes at 16 and 17, we can see from the Scottish example that people are more likely to vote and keep voting.
I often speak to young people in formal and informal settings. I will insert a little advert here, for Members of your Lordships’ House who are not involved in it, for the Learn with the Lords programme, which is a great way to have contact with young people from a wide range of audiences.
Lord Holmes of Richmond (Con)
My Lords, I shall speak to Amendment 143, which has received such wholesome support from other Members of Your Lordships’ House. I can sum it up in four words: no taxation without representation.
I do not suggest for one moment that other contributions are not valid. The clause says nothing on that. I do not suggest anything to the wider debate; that has been well laid out. It is a clause set out in extremely simple terms on an incredibly specific point: the disfranchised 16 to 18-year-olds who currently can work and go to war cannot vote for how those taxes are spent and cannot vote for the Government who send them to war. Nothing more, nothing less than that.
I do not decry wider issues; it is simply a point on that specific group of people which is currently disfranchised. The Minister may wish to consider one possible solution: taking the 16 to 18-year-olds out of taxation completely. Amendment 143 offers an alternative solution, where they can be represented. I accept entirely the point of the noble Baroness, Lady Lister, on the complexities in previous years, but what one can now do with digital tax and real-time tax data would overcome those points. It is a simple amendment for a specific group of people, and a cry which has gone through democracies for centuries: no taxation without representation.
Baroness Chakrabarti (Lab)
My Lords, I congratulate the noble Lord, Lord Holmes of Richmond. I would have pre-empted him, but I am so glad that I did not. With respect, some noble Lords wrongly anticipated an incredibly creative and clever probing amendment. He has made the point about no taxation without representation through Amendment 143. I would not like to see it on the statute book because I do not want to return to the link between property, earnings or wealth and the franchise, but he has made a brilliant point very succinctly and incredibly well.
I will not torture Ministers further with my views on this subject. I have tortured Ministers of both stripes with my support for votes at 16 for some years. The poor Minister was tortured a while ago by my noble friend Lord Adonis, who is not in his place. We rehearsed this, and I commend to the Committee that extensive debate that we had one Friday, three years ago or five minutes ago; I forget which. It was five minutes ago. I do not support votes at six. I accept that any age of majority is slightly arbitrary because people mature differently. We must pick an age in law.
I rather think that we should be coalescing around 16, not only for voting but for criminal responsibility. The disparity between suffrage and criminal responsibility, in addition to taxation, I find very troubling. The noble Lord, Lord Holmes of Richmond, made his point so well. Of course, taxation is not just for people who are earning and paying taxes. There are sales taxes and, as the noble Baroness, Lady Bennett, said, people who are doing unpaid work and keeping families and small businesses going. However, Ministers have human rights too, and I would like them to get a comfort break and some supper quite soon.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I am afraid that I am going to strike a discordant note because I invite my noble friend to reject these amendments, and certainly Amendments 137 and 138. I follow what the noble Baroness, Lady Lister, said about Amendment 143. It is an interesting idea but highly complex and probably not practical.
The Committee will recognise that I am committed to a vibrant civil society. I have spoken about it, I have moved amendments about it, and I think that it is a very important part of our democratic system, because it maximises people’s ability to participate, collectively or individually.
The noble Lord, Lord Wallace of Saltaire, who is not in his place, referred to lowering the voting age in order to increase citizenship education, which seemed to be the wrong way around; citizenship education would lead to improved understanding of what voting is all about. I absolutely agree with the noble Baroness, Lady Lister. That was a central theme of our cross-party review on citizenship for civic engagement. I thank the noble Lord, Lord Collins, as a member of the Liaison Committee, for having backed the idea of a follow-up, since when we have gone sideways, if not backwards. I am pleased to be able to say to him and the noble Baroness that the revised report will be published on Monday and out in the wider world on Tuesday, to probably no effect whatever but at least we will have some benchmarks.
During the committee, we had two issues from which the chairman has scars. The first was about British values. What were they, or were there any? The second was the voting age.
I shall quote a couple of sentences from our report, because they summarise some of the issues that lie behind these two amendments and which mean that I personally do not support them. Paragraph 319 of the report states:
“However, the issue has divided our witnesses. There is no consensus on whether the age should be lowered to 16 or whether it should remain at 18. Proponents of the change listed being able to marry and become a member of the armed forces as a reason for considering that 16 year olds are sufficiently responsible to vote. However this raises questions of whether it is right for people to be trusted as responsible enough to vote whilst not being responsible enough to ‘buy a beer or cigarettes or even drive to their friends or buy a firework’”.
That was what Professor Jon Tonge, professor of politics at the University of Liverpool, said in evidence to us. He and Dr Mycock have been doing some more research on this whole area. As the noble Baroness said, there was obviously a fierce discussion about the pressure for democratic backing for the change. Professor Tonge told our committee that he thought young people were almost evenly divided, though he said that some of that data was quite old.
The noble Baroness referred to the Make Your Mark campaign, but I am not sure she gave the full picture of what we were told. To quote from paragraph 321,
“the Make Your Mark campaign coordinated by the UK Youth Parliament included the votes of over 950,000 young people”,
which the noble Baroness referred to,
“who had voted to make votes at 16 one of their core campaigns.”
However, an analysis of the votes done by our staff showed that
“it received 101,041 votes”—
only one in nine—
“and came 5th out of 10 topics. This suggests that young people care more about other topics than about votes at 16.”
Interestingly, the topic that received the most votes was “A curriculum to prepare us for life”, which in turn suggests support for a radical overhaul of the whole area of citizenship education and involvement. As Professor Tonge said:
“You would not let people go out on the road and drive a car without giving them some lessons first, yet we expect them—particularly if we lower the voting age to 16—to go out and vote without giving them any training in what our political systems are about. It seems perverse.”
To summarise, my view is that unless the case for making a fundamental change is overwhelmingly made, we should not make the change. I do not think that case has been overwhelmingly made. It certainly was not made before our committee and that is why I hope my noble friend will reject these amendments.
I shall dare to trespass on the Committee’s time for a further moment, ending with not a discordant but a sour note. In the debate on voter ID in the last meeting of the Committee, my noble friend on the Front Bench took a lot of heavy punishment about how it was being introduced to try to benefit the Conservative Party. He rejected that, rightly in my view. Would I be wrong to say that there might be some advantages for other parties in the House in young people voting and that that may be why it is being so enthusiastically supported?
Baroness Bennett of Manor Castle (GP)
Would the noble Lord agree that young people look at what their interests are? Maybe if the Conservative Party did more to represent the interests of young people, more of them would vote for it.
Lord Hodgson of Astley Abbotts (Con)
I am not saying anything about that. I am just saying that I do not think the case has been made for the change. Where we go from there is another matter.
Baroness Chakrabarti (Lab)
I take the noble Lord’s point, because there are all sorts of polls and this is in the Library briefing, but I can honestly say that I have debated this issue in the past with Labour Ministers who were not for votes at 16 at the time. I think we are getting to a stage in thinking about sophistication and education where we have to coalesce around an arbitrary age. I go back to the criminal responsibility point. The noble Lord speaks very eloquently. He argues “If it ain’t broke, don’t fix it” and that we should not make a radical change without a great deal of consensus. He did not speak like that when he was talking about radically overhauling the refugee convention on another Bill.
Lord Lexden (Con)
My Lords, I simply venture to suggest that, at the moment, the priority should be to assist and encourage as many of our young people who are already entitled to vote at the age of 18 to get on the registers. We do not have nearly enough of them on the registers. The Government have a number of important initiatives in hand to encourage more of those aged 18 and immediately above to register to vote. My noble friend might be able tell us briefly about some of those important initiatives when he comes to reply.
Lord Collins of Highbury (Lab)
My Lords, I will try to be brief. The Labour Party has supported and continues to support lowering the voting age. I would just say to the noble Lord, Lord Hodgson, that the last time we were in government and lowered the voting age, we lost the subsequent election. That was in 1970.
On civic education, in many of my contributions, I have mentioned the noble Lord, Lord Hodgson, and his committee’s report. It is excellent and worth rereading. He is absolutely right about the Government’s failure to respond properly to it. But citizenship education in schools and lowering the voting age are not mutually exclusive. Speaking from personal experience, I joined the Labour Party in 1970, partly because we had organised a mock election in my school. As a consequence of standing as a Labour candidate in that mock election, I went out and campaigned for Harold Wilson, even though I did not have the right to vote. I joined the Labour Party at the age of 15—noble Lords can now calculate how old I am.
Lord Collins of Highbury (Lab)
Well, there you go. I am still below the average age—just. The important point is that they are not mutually exclusive. This is about how we encourage people to participate in democracy and, as the noble Lord said, participation is not simply about voting. We want people to properly engage in civic society. That includes other groups which campaign and organise, because that is what influences our politics. Young people are certainly doing that, which is why we are very strongly in favour of this.
Of course, we have the evidence. Scotland and Wales now have a lower voting age, but they are not the only places. The Isle of Man and Jersey have it, as do Guernsey, Brazil and Austria, and it applies to some elections in Germany, Malta and Norway. There is strong evidence of how it can encourage participation and build this in, because when people start voting at a young age, they continue to vote. That is a really important point.
Picking up the point that I think the noble Baroness, Lady Bennett, made, the noble Baroness, Lady Davidson of Lundin Links, changed her mind through her experience in the referendum campaign. I read an article that she wrote for the Tory Reform Group as a consequence of that experience in 2016. She said:
“Those in favour of the status quo argue that while the referendum offered a clear, unambiguous choice, parliamentary elections present a more muddied, multi-layered decision which require a more mature electorate.
But having watched and debated in front of 16 and 17-year-olds throughout the referendum, I have found myself unable to agree. My position has changed. We deem 16-year-olds adult enough to join the army, to have sex, get married, leave home and work full-time. The evidence of the referendum suggests that, clearly, they are old enough to vote too.”
I agree with her. We should do this.
Lord True (Con)
My Lords, I fear I cannot accept these amendments, although, having been mildly disobliging on the previous group about those against first past the post, I will open with an area of agreement. I agree with the noble Lord, Lord Wallace of Saltaire, my noble friend Lord Lexden and the party opposite that we must do more—as much as we can—to engage young people in civic education and understanding what it is to be a future citizen. We are also having other discussions on trying, we hope, to persuade more young people to vote. There is strong agreement there.
We cannot accept these amendments because the Government, having reflected on the matter, simply do not believe that a reduction to 16 is the correct course. My noble friend Lord Hodgson of Astley Abbotts made a very strong speech on this. There are many difficult questions, as the noble Baroness, Lady Chakrabarti, said, about what constitutes full adulthood, which society has to wrestle with. We think, in common with most countries in the world—although not, I acknowledge, the devolved Administrations in Scotland and Wales—that the current position is correct.
We made that very clear to the electorate; we were not trying to hide it, because it was and is a subject of discussion between the parties. We have been criticised for our manifesto not being clear, but it was absolutely clear on this point:
“We will maintain the voting age at 18—the age at which one gains full citizenship.”
That was very explicitly stated. You may not agree with that, but it is the position. I hope the Committee will respect that. Eighteen is widely recognised in the vast majority of democratic countries as the right age at which to enfranchise young people.
There are difficulties. For example, the very radical proposal by the Liberal Democrats to legalise cannabis was not for people below 18 because they were not mature before that age. In 2010, the party opposite raised the age for using sunbeds to 18. Other examples have been given on some more fundamental and difficult questions of peace and war. With respect to the arguments I have heard, the Government believe that the settled, present position is correct, in common with most other democratic countries.
My noble friend Lord Holmes of Richmond’s amendment seeks to lower the voting age to 16 and 17 year-olds by linking the franchise to taxation. I fear I must disappoint him; taxation has never been the basis of democratic representation in this country. For example, an American citizen of voting age who works and pays taxes in the United Kingdom does not have the right to vote in parliamentary elections simply by virtue of tax. However, a British citizen of voting age who pays no income tax, such as a student, rightly retains the right to vote, as do those earning less than the tax-free allowance. In council tax there is a class S exemption—I think it is called that; it was in my day—for households of 16 and 17 year-olds precisely so that they should not pay council tax. The mixing of taxation and voting rights raises difficult problems. It would also potentially disfranchise people who could, for a range of reasons, be unable to work or find work or who may be working but not earning enough to pay taxes.
With respect to those who have a different opinion, the Government have reflected on this. Engagement is important; I was very proud when I was leader of a local authority—I know many other local authorities do the same—of the UK Youth Parliament and youth engagement through schools. I have similar recollections to the noble Lord opposite. These things are important. Let us work together across parties to try to do that, but I cannot recommend that the House adopts this principle in the Bill. I forecast to the Committee that, if it were proposed, because it was a manifesto commitment by the Government to maintain the present position, it would not find favour in the other place. I therefore ask the noble Lord to withdraw his amendment.
Lord Wallace of Saltaire (LD)
My Lords, in withdrawing this amendment, I point out that, if we are saying that there is a problem—which the Minister has admitted, but has said that this is not the answer—then the question of how we manage to get more young people on the register, which we will come to on automatic voter registration, is important. The very near collapse of citizenship education in our state schools is an urgent matter, which we should all address on a cross-party basis. I look forward to the Minister returning to that. I hope he will take back to his colleagues in the Department for Education how important many of us feel this to be.
I merely remark to the noble Lord, Lord Hodgson, that the extensive coverage in this Bill of the extension of overseas voting is there because Sir Geoffrey Clifton-Brown, Conservatives Abroad and the Conservative Party’s international office decided that this would be to the Conservatives’ advantage. Surveys in the mid-2000s suggested that 68% of those voting overseas were voting for the Conservative Party. I was suggesting earlier that a little bit of balance and cross-party agreement on how one extends the electorate might be desirable. Sadly, I do not think this Government are in the mood for that. That is one of the many things I regret about the way this Bill has been introduced and is being handled. I beg leave to withdraw my amendment.
Elections Bill
Wednesday 23rd March 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)
Lord Thomas of Gresford
“Voting by convicted persons sentenced to terms of 12 months or less
In section 3(1A) (exceptions to the disenfranchisement of prisoners) of the Representation of the People Act 1983, after “Scotland” insert “or a parliamentary election”.”Member’s explanatory statement
This new Clause would allow prisoners serving a sentence of 12 months or less to vote in UK parliamentary elections.
Lord Thomas of Gresford (LD)
My Lords, perhaps I may be forgiven for my second intrusion into the Committee by all those who are toiling so hard on it day after day.
It may be a bit trite, but in a democracy, all citizens are presumed to have the right to vote. That is the way by which they have a say in making the laws that govern them: demokratia. The Joint Committee of both Houses appointed to consider the draft voting eligibility (prisoners) Bill in 2013 concluded that the vote is a right, not a privilege. It does not have to be earned, and its removal without good reason undermines democratic legitimacy.
In the Criminal Justice Act 2003, the purposes of sentencing are said to be
“the punishment of offenders … the reduction of crime … the reform and rehabilitation of offenders … the protection of the public, and … the making of reparation by offenders to persons affected by their offences.”
Where does the disfranchisement of a prisoner come within those aims? It obviously has nothing to do with the reduction of crime, the protection of the public or the making of reparations. If it is regarded as an act of retribution, part of the punishment of offenders, it is doubtful that the prisoner thinks it significant in any way, compared with his loss of liberty.
This does not concern itself with proportionality: a prisoner loses the vote by the act of imprisonment, not by the nature of his crime. A person imprisoned for dangerous driving is in exactly the same position as a person serving a life sentence for rape or murder. Of course, unconvicted prisoners, convicted prisoners awaiting sentence and people imprisoned for either contempt of court or debt, remain eligible to vote.
Baroness Lister of Burtersett (Lab)
My Lords, I support the amendment, to which I have added my name and which has been so well introduced by the noble Lord. The House of Commons Library briefing note on prisoners’ votes details the sorry tale, as has the noble Lord, of how the issue has been kicked into the long grass without a satisfactory resolution, following the ECHR ruling that an indiscriminate ban on all serving prisoners contravened the European Convention on Human Rights and subsequent calls from the Council of Europe. The result has been, in the words of one expert commentator, “minimalist compliance”. When it comes to prisoners’ votes, it is a question of “out of sight, out of mind”, just as prisoners themselves are.
The recent prisons White Paper included, in a section on the purposes of prisons, the need to
“promote rehabilitation and reform to reduce reoffending.”
It would be facile to suggest that, of itself, giving short-term prisoners the vote would lead to rehabilitation. But to withhold the right to vote from them, together with some of the things said by Ministers when it was a live issue—the noble Lord quoted David Cameron on the subject, in particular—indicates a punitive rather than a rehabilitative view of the role of prisons. On Thursday, my noble friend Lady Chakrabarti argued powerfully for the right to vote as a fundamental civil and political right. It is a basic right of citizenship. To withhold this right from short-term prisoners is in effect to say that they are not citizens. As the noble Lord said, it has been described as a state of civic death, one which affects black and minority ethnic groups disproportionately, according to the Prison Reform Trust.
Of course, as Governments of all hues like to emphasise, citizenship is about responsibilities as well as rights. My noble friend described it as an “ethical duty”. What better way to instil a sense of civic responsibility in prisoners than to encourage them to see themselves as fellow citizens with a stake in the country and the right and responsibility to express their views through the vote. As Conservative MP Peter Bottomley once argued,
“Ex-offenders and ex-prisoners should be active, responsible citizens. Voting in prison can be a useful first step to engaging in society.”
The Electoral Commission has in the past considered the practicalities involved and concluded that they are perfectly feasible. As has been said, the UK is one of only a handful of European countries which automatically disenfranchises sentenced prisoners. All the amendment would do is extend the vote to those sentenced to 12 months or less, which is a very modest step, but one it is high time we took. It may not be popular, but few people will have heard the case for it, given that most politicians have been so against it. In the name of citizenship and fundamental rights, it is time that a Government had the courage to take this modest step.
Baroness Bennett of Manor Castle (GP)
My Lords, it is again my great pleasure to follow the noble Baroness, Lady Lister of Burtersett, and agree with everything she has said. I offer Green Party support for Amendment 139. As the noble Lord, Lord Thomas of Gresford, said in introducing the amendment, this is a long-term situation where the UK has not complied with its human rights obligations. This is an occasion where I am not going to hold this Government solely responsible; the Labour Government had five years to remedy the situation and the coalition Government had five years to fix it, yet here we still are.
The Green Party policy, as is the case in many things, would go rather further than the amendment. Our policy is that all prisoners should have the right to vote except where the sentencing judge, taking into account the nature of the offence, decides to make the loss of the vote explicitly part of the penalty. The obvious cases where that might happen would be in a case of electoral fraud, for example, or perhaps where an oligarch who has used some of their ill-gotten gains to attempt to buy a political party or a certain political outcome.
As the noble Baroness, Lady Lister, said, the question is what prisons are for when it comes to more standard types of offences. Are we cutting people off from society, further reinforcing social exclusion and distancing them from the norms and values that we are hoping they will absorb before they go out into society? After all, nearly everyone who is in prison will eventually go out into society. Are we actively trying to rehabilitate people and equip them for a life outside prison?
Voting is a fundamental part of our society. The blanket denial that says that once you are in jail you cannot vote is a way of saying, “We’re not going to do anything to improve the world that helped to put you into this place”. We know the situation of so many people in prison and the huge disadvantage and inequality that is a background to people who are there. So the amendment does not go far enough but it is an important first step.
Baroness Chakrabarti (Lab)
My Lords, I congratulate the noble Lords, Lord Wallace of Saltaire, on the amendment, and the noble Lord, Lord Thomas of Gresford, on moving it. As always, I thank my noble friend Lady Lister of Burtersett. I am sorry that I am outwith my party’s position on this but there are hawks and doves in both main parties when it comes to penal reform, and indeed when it comes to the law-and-order arms race that I believe has been a problem in our country for too many years—perhaps for my whole adult life.
I remember Lord Hurd addressing the Conservative Party conference when I was a relatively small person—even smaller than I am now. Those were the days when all party conferences were televised in total—can you imagine?—and it was a time when people were calling for the reinstatement of the death penalty. He, as a Conservative Home Secretary, faced that audience down and explained to them why that was a terrible thing. Later in my life and career I had the privilege to congratulate him on that moment, which he remembered, and it was something he could be proud of.
I believe this change will come because I am an optimist about the course of progress in world events. It may well be a Conservative Home Secretary and Government who do the “Nixon in China” thing, but whoever does it, I think they should. I will not cite the European Court of Human Rights, as some would groan and expect me to do. I do not pray in aid its judgments; I pray in aid basic principle and practical logic.
I agree with the points that the noble Lord, Lord Thomas of Gresford, made about the purposes of incarceration. We accept that some people in extremis need to be incarcerated for certain offences for the reasons of retribution, rehabilitation, public protection and deterrence, but none of those four traditional justifications for incarceration after criminal conviction explains why, on a blanket basis, you would take away someone’s vote—particularly people, as in this modest amendment, who will be out very soon and who we want to reintegrate and rehabilitate as best we can. Frankly, we want politicians, activists and voters to be a little bit more concerned about those people whom we are still subjecting to this Victorian notion of civic death.
Lord Collins of Highbury (Lab)
My Lords, I heard all the contributions from all sides of the House, and I thank the noble Lord, Lord Thomas, for his introduction, which quite accurately set out the history. I have read the parliamentary Commons briefing as well. The reality is that the position of the Labour Party has not changed, and we do not support this amendment.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am grateful to all those who have spoken. Amendment 139, as has been said, seeks to extend the franchise for parliamentary elections to prisoners serving a term of 12 months or less. This Government believe, in common with the party opposite, that when a citizen commits a crime that is sufficiently serious to detain them in prison, they have broken their contract with society. In addition, the Government have made their position clear. We said openly in our manifesto:
“We will maintain the ban on prisoners voting from jail.”
Prison means the loss of a number of rights and freedoms, not least the right to liberty and freedom of association. The Government believe that the loss of voting rights while in prison is a proportionate curtailment of such civic rights. As such, we cannot support this amendment.
Lord Thomas of Gresford (LD)
I thank those who have supported me in this amendment. I am particularly grateful to those on the Labour Benches, and the noble Baroness, Lady Bennett, who have spoken in favour.
I just wonder about the Labour Party. In Cardiff, it moved to bring about voting for prisoners, seeing it as an important part of its remit from the people of Wales. Here, however, it is dismissed in a sentence: “We haven’t changed”. The Labour Party is a little bit split. I am not sure what it said in Scotland; I will have to look that up after this and investigate.
This is the way the world is going. You can stand in the way if you like, but ultimately the vote will be given to prisoners, just as it is in most democracies around the world. For the moment, I beg leave to withdraw the amendment.
“Automatic voter registration
(1) Registration officers must take all reasonable steps to ensure that all persons eligible to register to vote in elections in the United Kingdom are so registered.(2) The Secretary of State must by regulations require public bodies to provide information to registration officers to enable them to fulfil their duty under subsection (1).(3) Regulations under subsection (2) must apply to the following public bodies—(a) HM Revenue and Customs;(b) the Department for Work and Pensions;(c) the Driver and Vehicle Licensing Agency;(d) the National Health Service, NHS Wales and NHS Scotland;(e) schools and further and higher education institutions;(f) local authorities;(g) HM Passport Office;(h) police forces;(i) the TV Licensing Authority;(j) Job Centre Plus;(k) the Department for Levelling Up, Housing and Local Communities;(l) the Department for Transport;(m) the Department for Health and Social Care;(n) the Home Office; and(o) the Ministry of Justice.(4) Regulations under subsection (2) may also apply to other public bodies. (5) Registration officers must—(a) use the information provided by the public bodies listed in regulations under subsection (2) to register otherwise unregistered persons on the appropriate electoral register or registers, or(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.(6) If a registration officer has registered a person under subsection (5), the officer must notify that person within 30 days and give that person an opportunity to correct any incorrect information.(7) Where a person is registered under subsection (5), that person must be omitted from the edited register unless that person notifies the registration officer to the contrary.(8) Nothing in this section affects entitlement to register to vote anonymously.(9) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”Member’s explanatory statement
This new Clause would require registration officers to enter eligible voters on the register, and provide for them to receive the necessary information from a number of public bodies.
Baroness Bennett of Manor Castle (GP)
My Lords, we had not pre-planned who would speak but, having attached my name to this amendment and being one of the two people here to do so, I will speak, with some unexpectedness, in favour of it.
Amendment 141 introduces a carefully planned and worked-through plan—as noble Lords can see—for automatic voter registration. It is a great pity that, given the time of this debate, the noble Baroness, Lady Warsi, is not able to be with us, but I hope that we might return to this on Report. It would be particularly interesting to hear from both the noble Baroness, Lady Warsi, and the noble Lord, Lord Woolley. Many of the issues that the noble Lord addresses in this amendment were similarly addressed in his speech on voter ID and the importance of allowing the engagement of everybody in our electoral process. I urge people who have not read or heard that speech to catch up with it because it is an important one.
To put the case for why we need automatic voter registration, when I was reflecting on this, I thought it sounded like the sort of thing that we would normally do in Grand Committee in the Moses Room, looking at some detailed statutory instrument and going through the dusty tomes. But this is of course far from a bureaucratic detail. Rather, to bring in automatic voter registration would be the long-delayed completion of a democratic progression of a couple of centuries, right through the 19th-century reform Acts and the 20th-century women’s suffrage. It is a vital step in ensuring that everyone who is eligible to vote actually has that vote available to them. The fact is that people do not have that practical opportunity now.
As I said at Second Reading, just because the Government are trying to slash away what little democracy we have in this country with many elements of this Bill, it does not mean that we cannot use this opportunity to set out a way forward to reform and repair our archaic and dysfunctional UK constitution. For there are what is known in shorthand as the “missing millions”— people who are eligible to vote but not registered for the right. An Electoral Commission study from 2019 suggested that their numbers exceed 9 million, while more than 5 million people are incorrectly registered. Those millions are not some random sample of the population. It is the young and those in private rental accommodation, many of whom have to move often, who are massively underrepresented on the rolls and by our so-called democracy. This ties into the debate that we were having earlier about votes for 16 and 17 year-olds. Those people are least likely to vote Conservative.
This amendment, therefore, is about not just people’s individual rights but ensuring that our electoral results reflect the views of the people. The background to this is individual electoral registration, which was introduced in 2014. It cleaned up the messes—I am sure that I am far from the only Member of your Lordships’ House who has knocked on the door of a very small flat at which there are apparently 16 people registered, and it is not a case of fraud but various people have moved in and out and names have been added without any being removed. However, it also cleaned out millions of people who should have been on those rolls, particularly young people and students at university.
This is a really important point and I hope that the Minister might be able to address it. It is not even easy to check whether you are registered correctly. The Electoral Commission website says—this is the only information it provides—
“contact the electoral services team at your local council”.
That is how you go about checking whether you are on the electoral roll. It is a far from simple, easy process. Can the Minister say whether the Government plan any improvements on that simple step so that people can check whether they are registered?
To briefly address the details of this amendment, automatic voter registration need not be complicated or introduce a large bureaucratic burden. Schools and colleges could register young people as attainers—those about to become voters—and university students could be registered by their universities. Changing the address on your driving licence, which is something everyone is legally obliged to do, registering for council tax, or having contact with the Department for Work and Pensions are all things that could feed into the electoral roll—they are how the Government know where people are.
I will make one final point, because I am sure other people will have many other things to say on this important amendment. Of course, automatic voter registration will not guarantee that people turn out to vote. Already, typically, fewer than 70% of people on the roll turn out for general elections, and often 30% or fewer in council elections. But giving people the opportunity by making sure their name is on the rolls as it should be without them having to go to extraordinary efforts has to be essential to make any claim of calling this country a democracy. I beg to move.
Baroness Chakrabarti (Lab)
My Lords, it is a pleasure to follow the noble Baroness, Lady Bennett of Manor Castle, as it is to add my name to this amendment also in the names of the noble Lord, Lord Woolley of Woodford, and the noble Baronesses, Lady Bennett and Lady Warsi. I do not need to repeat the compelling points made by the noble Baroness, Lady Bennett, but I will just say this. We all know that to have the option of voting is a fundamental right, just as to pay tax when it is owed is a fundamental duty. The Government worked very hard, as they should, at ensuring that when people reach the age of 18, they are automatically registered for tax purposes. I really believe in taxation, obviously. They are right to do it, and it ought to be increasingly easy to do that in our automated world. If the Government can do that, why on earth would they not do the equivalent thing when people reach whatever the age of majority is—we argued about that—to ensure that people are registered.
We have had the arguments about voter ID, which is ID when you turn up and choose to vote. No doubt, we will come back to those, but this is an earlier step. If the Government are really serious, as they tell us they are, about not disfranchising people and making sure they have this possibility of exercising their right, why would they not at least ensure they are automatically registered, with all the information and all the tools available to the state? If I may say so to the Minister: if the Government would listen on this issue and be prepared to have discussions, it might go some way to ameliorating concerns about potential voter suppression in relation to ID when people to turn up to vote at the polling station.
This is an infinitely sensible proposal, infinitely possible to achieve. A quarter of the way into the 21st century, with all the wit and wisdom we have at our disposal, and all the resources the Government have, if we are really serious about ensuring people are not disfranchised, they should be automatically registered when they reach voting age.
Baroness Whitaker (Lab)
My Lords, the exacerbation of the political exclusion of poorer and marginalised communities—Gypsies, Travellers and Roma in particular —consequent on this Bill was thoroughly aired in Committee on 17 March, when, I regret, I was unable to attend, and on Second Reading. I read Hansard carefully, and I will not rehearse the powerful arguments made by my noble friends Lady Hayman of Ullock and Lady Lister and the noble Lord, Lord Woolley, and acknowledged by the Minister responding—the noble Baroness, Lady Scott of Bybrook.
I would just add, in support of Amendments 141 and 144B, that only this week, colleagues from Friends, Families and Travellers—I declare an interest as president and my other related posts shown in the register—and the Roma Support Group made the points at a meeting with DLUHC that people from their communities already have difficulty in meeting the identification requirements for exercising their right to vote and would feel even more left out of the system under the Bill’s proposals. The fact that postal voters would be exempt compounded their sense of injustice.
As I understand it, the Government do not actually know the relative proportion of minority ethnic turnout to vote. Nor did their voter ID pilots establish this basic national social evidence. In my opinion, the Government would be well advised to consider positively the assistance offered by these amendments in making sure that no one is left out.
As the Bill stands, Gypsies, Travellers and Roma, and other marginalised citizens, are in effect discriminated against, when they should be enabled to join the mainstream. The proposals deter rather than enfranchise people. They subvert democracy. These amendments would help right that wrong. I urge the Government to adopt them.
Lord Stunell (LD)
My Lords, I support both these amendments. Does the noble Baroness, Lady Hayman, wish to speak to her amendment first?
Baroness Hayman of Ullock (Lab)
Carry on—I will not be saying anything very different.
Lord Stunell (LD)
First, it is important to establish that there is a problem. I quote from the briefing supplied by the Electoral Commission to your Lordships on these amendments:
“There is more that could and should be done to modernise electoral registration processes in Great Britain, to ensure that as many people as possible are correctly registered.”
I believe I heard the Minister make the same point—that he believes it good public policy to get people registered. The Electoral Commission’s most recent estimate is that
“between 8.3 and 9.4 million people in Great Britain who were eligible to be on the local government registers were not correctly registered”.
As the noble Baroness, Lady Bennett, said, those figures were collected in December 2018. It says there are another 360,000 or more people in Northern Ireland not correctly registered. It also made the same point as the noble Baroness, Lady Bennett:
“Our research found that young people, students and those who have recently moved are the groups that are least likely to be correctly registered.”
Courtesy of the noble Baroness, Lady Whitaker, I would say that Travellers are very much in that group of under-registered people.
The Electoral Commission has published feasibility studies which identified that there is potential to evolve the current system. Those studies are reflected in the amendments before your Lordships today. Amendment 141 is one route to it—the two are not exclusive but it is one route—and Amendment 144B is another, to which we have added our names as well. It provides simply that, when a person is issued with a national insurance number, they receive their application for the electoral register.
The Electoral Commission makes two more points in its briefing:
“the education sector … could help EROs identify attainers and other young people. Also, data from the Department for Work and Pensions could potentially be used by EROs to register young people to vote automatically when they are allocated their national insurance number ahead of their 16th birthday.”
I do not want to frighten the Minister; the Electoral Commission is not suggesting that they would vote from their 16th birthday but simply that, as attainers, that would be an appropriate time for them to apply to be put on as an attaining voter.
At least in theory, I think we are all in favour of all qualified UK citizens being on the electoral roll and we would all say that we would like them to exercise their vote. This legislation increases the number of people eligible to go on that register by virtue of what the Bill proposes to do in relation to overseas electors. We will debate that shortly.
Clearly, the Government do not have a problem with having a larger voting roll. They share the Committee’s view that it is desirable, in principle, that all eligible people should be on the roll, and yet, so far, they have been extremely resistant to doing that, as far as attainers in particular are concerned. In the light of the evidence that the Electoral Commission has produced, that it is a significant number and that there are solutions, and in a situation where the Minister has in front of him two amendments proposing practical ways to solve that problem, I hope that in winding up he will be able to say that he will take this back, give it further consideration and perhaps produce an appropriate government amendment on Report.
Lord Eatwell (Lab)
My Lords, the noble Lord, Lord True, has made two sets of powerful arguments about the right to vote. First, he made a series of powerful arguments in favour of photo identification as a right to vote and, just now, he talked about the rights and responsibilities of citizens with respect to prisoners’ right to vote. Would an acceptance of this amendment not represent some consistency, and a rejection of this amendment represent some very clear inconsistency in the following sense? What would the Minister do about a situation where someone turns up at a polling station with a British passport and a British driving licence on which their address is registered, and they are then refused the right to vote? They will have complied with everything the Minister argued for in the discussion of identification, but they will be denied the right to vote because of a variety of complexities that still bedevil our registration system.
Surely it is appropriate that there are democracies—Norway, Australia—in which a presence on the register and the right to vote are automatic and ensured by modern data systems that can easily do the job. Surely, if he has a degree of consistency in his arguments about this Bill, the Minister will support these amendments.
Lord Scriven (LD)
My Lords, throughout Committee I have kept coming back to the impact assessment. Right there on the front page of the impact assessment it says:
“What are the policy objectives of the action or intervention and the intended effects?”
It is:
“To ensure that those who are entitled to vote should always”—
always—
“be able to exercise that right freely, effectively and in an informed way”.
That is the intended consequence, the stated intention of the Bill before us: that those who are entitled to vote
“should always be able to exercise that right”.
People cannot exercise that right if they are not on the electoral roll. It is an absolute condition of always being able to exercise that right.
The amendments before us are absolutely bang on the money, in terms of what the intended policy of the Bill is in the impact assessment. As citizens of this country, we are all given automatic rights and responsibilities. Through that, we get certain certificates or automated numbers. We get our national insurance number automatically. We do not have to apply; it is automatically granted to us at 16. As the noble Baroness, Lady Chakrabarti, said, we are registered for taxation automatically. We get our NHS number automatically. If noble Lords asked the vast majority of the public if they would object to being automatically registered, I have seen no evidence that says people would reject that proposition. Whether people then go to vote is down to the politicians to encourage them, enthuse them and get them to the polling station.
The very fact that the Government’s policy is to “always” ensure that people are able to exercise their vote in an automatic, easy and effective way means that these amendments should be accepted by the Government. If they are not, I would ask the Minister to explain why not having automatic registration, and keeping what is on the face of the Bill, would actually meet their objective to
“ensure that all those who are entitled to vote should always be able”
to do so.
Baroness Hayman of Ullock (Lab)
My Lords, in speaking to my Amendment 144B, I would like first to take the opportunity to thank the Patchwork Foundation for its very helpful briefings on this matter. I will be brief because we have already heard that the current system of voter registration really is not working to the benefit of many people, and that voter registration rates are disproportionately low among young people and some minority groups.
There is confusion among eligible voters about how and when to register. The University of East Anglia carried out a survey in 2016 which found that two-thirds of electoral registration officers reported that citizens had complained to them about the voter registration process being bureaucratic, and that this had discouraged them from registering. Surveys of poll workers have also found that the most common problem that they encounter is citizens asking to vote when they are missing from the electoral register. Furthermore, a poll conducted by YouGov before the 2019 general election found that 16% of respondents believed that they were automatically registered to vote if they paid their council tax, and 17% believed that they were automatically registered when they turned 18. There is a lot of confusion and we belief that AVR will go a significant way in tackling the disparities and the inefficiency of the current system. It would diminish the impact of cyclical registration patterns, which can put so much pressure on voting infrastructure and the officials who are running and managing it. It would also go some way in bridging the current gaps in registration across various ethnic and social economic groups, as other noble Lords have said.
The UK is one of the few liberal democracies that does not already have some sort of system of AVR in place. Of 40 liberal democracies assessed by the Joseph Rowntree Reform Trust and the University of East Anglia, the UK came out as one of just six countries that does not have a system of either automatic or assisted voter registration. Where it is in existence, it has proved very effective at encouraging first-time voters to vote. By contrast, the UK is witnessing a fall in the number of young people registering to vote.
We have had quite a discussion on this, and I will finish by saying that this is terribly simple and straightforward. As other noble Lords have said, people are already written to ahead of their 16th birthday with their national insurance number. If we can do that, why can we not at the same time have an automatic registration to vote? We have the means to do it, so why do we not just get on with it?
Baroness Scott of Bybrook (Con)
My Lords, I thank the Committee for the debate; it is a debate we had two years ago when we were discussing a previous Bill. If applying to vote was difficult or time-consuming, the Government might have more sympathy for this proposal, but it is not. It can be done online, by paper and post, in person, or by telephone, where the registration officer offers these services. Online, it takes five minutes and can be done anywhere, anytime, on a smartphone or a tablet; I have done this recently myself.
As a small but very positive step to encourage young people to vote, HMRC now includes additional information on registering to vote on letters issuing the national insurance numbers, and this practice has been in place since the end of September 2021.
These amendments contradict the principle that underpins individual electoral registration: that individuals should have ownership of, and responsibility for, their own registration. At this point, I say that some members of our communities do not want to register—we have all probably met people who do not want to go on the electoral register. Automatic registration would threaten the accuracy of the register and, in doing so, enable voting and political donations by those who are ineligible.
Lord Wallace of Saltaire (LD)
The noble Baroness may be aware that there is an equivalent of a national register: Experian, which collects a great deal of data and is used by a lot of private and public authorities. If it can do that, why cannot the Government?
Baroness Scott of Bybrook (Con)
I do not know, but I will look into that with the team.
Automatic registration therefore risks not being truly automatic or adding ineligible people to the register. For example, under the EU voting and candidacy rights changes provided for in the Bill, very few EU citizens who arrived to live in the UK after 31 December 2020 will have the right to register to vote, but most will be issued with a national insurance number. Moreover, most national insurance numbers are issued before someone is 16, which is too young to be added to the register, even as an attainer, in England and Northern Ireland. Therefore, the Government have no plans to introduce automatic registration at this stage, and I request that this amendment be withdrawn.
The noble Baroness, Lady Bennett, and a number of other noble Lords asked what we are doing to encourage registration. Since its introduction, the register to vote website has revolutionised the ability of electors to participate, with over 60 million applications to registers being submitted since 2014. In the last UK general election, a record 47 million people were registered. We continue to refine and adjust the way that the digital system works to improve its security.
The noble Baroness, Lady Hayman, brought up accessibility. It is very pleasing to see that the register to vote service has the highest accessibility rating—AAA—under the web content accessibility guidelines. It is also the responsibility of the Electoral Commission to promote participation, and it runs an annual campaign to encourage eligible voters to register.
Lord Collins of Highbury (Lab)
I will ask a question, because this may impact on another group. The Minister mentioned that we will not know whether EU citizens who have come here properly after a certain date have the right to vote. The Government have signed agreements with a number of EU countries—Spain, for example—that will allow EU citizens to vote from them. Why is that a problem, in terms of this issue? How many EU countries have we signed reciprocal voting arrangements with?
Baroness Scott of Bybrook (Con)
No, I think we will deal with that later—but if we do not deal with that today, I shall make sure that the noble Lord gets a note on it, because I do not have a list of them to hand.
We have no plans to introduce automatic registration, and I request that the amendment is withdrawn.
Lord Eatwell (Lab)
Could the Minister address the inconsistency to which I referred—that someone with a British passport and a British driving licence, obeying the requirements in this Bill for identification for voting, could be denied the right to vote because they are not registered?
Baroness Scott of Bybrook (Con)
No, because they are not registered. You cannot just have anybody walking into a polling station with some pieces of paper or a passport and saying that they have the right to vote. They have to register to vote.
Lord Eatwell (Lab)
So the Minister is saying that a British passport and a driving licence are random pieces of paper. Is that how she is referring to them?
Baroness Scott of Bybrook (Con)
No, my Lords, but you have to register to vote in this country, and going into a polling station and just saying that you have a passport but you have not registered cannot allow you to vote.
Baroness Bennett of Manor Castle (GP)
My Lords, this has been a very interesting and informative debate and I thank the Minister for her answers, and thank all noble Lords who have participated.
To pick up some points from the Minister, she suggested that it was not difficult or time-consuming to register. Perhaps this is not something that most people in your Lordships’ House do very often, but moving house is up there just below divorce and death in terms of people’s level of stress. Moving house is something that many people in our society, particularly younger and poorer people, find themselves doing regularly at six- or 12-month intervals—and now we are going to make this extra thing that they have to remember when there are so many other things they are worrying about. Perhaps when people are younger, the first or second time they move they do it religiously, but by the time they get to the sixth, or the eighth or the 10th time that they move, and they have so many things to worry about, it is unsurprising that they do not. It is difficult, when it is mixed in with that whole difficult experience.
The Minister made the point about people owning their own registration and that they might get registered accidentally when they should not be. Of course, the form that automatic registration could very easily take would be to change your driving licence address in the box and then respond to the questions about whether you were eligible to vote, providing any extra information that might be needed. I shall have to go away and look at this, but all the information that you have to provide for a driving licence would be sufficient, I should have thought, for voting. I shall go away and look at that.
The noble Lord, Lord Collins, brought up an interesting point about complications around EU citizens, which we will come to—but again that could be answered by a tick-box arrangement.
One key point has come out of this debate, well highlighted by the noble Lord, Lord Eatwell, but also by the noble Baroness, Lady Chakrabarti. This is a balance to voter ID. I do not agree with voter ID but, if you are going to have it, as the noble Lord, Lord Eatwell, said, and you turn up with your paperwork, and you are still told, although you have your passport, that you are not really a proper citizen because you have not ticked a box on a website, that is going to create some real anger.
I am not sure that the Minister really addressed the important points made by the noble Baroness, Lady Whitaker, who so often in your Lordships’ House is a champion for Gypsy, Roma and Traveller people, and many other excluded groups in our society. For all kinds of reasons, it is so much more difficult for those citizens, and we should be going to extraordinary efforts to make sure that their voice is able to be heard.
I pick up also the point made by the noble Lord, Lord Scriven, about the Government’s own impact assessment. If this is the aim of the Bill, it is very hard to see why the Government should not be taking these steps.
I make the final point that I raised a question with the Minister that was not answered—whether the Government are looking to make it easier to check whether you are correctly registered. You may have moved two or three years ago in a mad flurry—maybe your relationship had just broken down and that was why you moved—then there is an election coming, and you think, “Did I register to vote or not in that difficult period?” You would then have to know what council you are in and find its electoral services and send them an email or ring them up—and we all know what ringing a council up is like. Are the Government doing anything to improve that? If the Minister cannot answer that now, perhaps she could write to me about that, and perhaps she could commit to that before I withdraw the amendment.
Baroness Bennett of Manor Castle (GP)
I think from the discussion it is very obvious we are going to return to this on Report, but for the moment I beg leave to withdraw the amendment.
Lord Holmes of Richmond
“Electronic voting
Within 3 months of the passing of this Act the Secretary of State must commission research into the desirability of electronic voting, including—(a) lessons to be learnt from similar systems in other countries,(b) the accessibility and inclusion benefits which may result from such a system, and(c) the use of block chain and distributed ledger technologies, with the aim of ensuring security and immutability of votes cast.”
Lord Holmes of Richmond (Con)
My Lords, it is a pleasure to move this amendment. I will speak to Amendments 144 and 209 in my name and I will not trespass on others’ eloquence when speaking to their amendments in this group.
Had I had a sharper pencil when I was drafting, I could have probably made Amendments 144 and 209 into the same amendment. I did not so they are not, but they are very closely linked. They speak to the opportunity that comes from the new technologies now available to us to potentially—it is only potential—use innovation to drive inclusion in our electoral process.
Amendment 144 is concerned with electronic voting. It is not suggesting that we move to electronic voting; it is simply suggesting that within three months of the Bill becoming an Act, it is something worth considering. The amendment talks about considering some international comparators. Estonia is particularly helpful in this instance, being probably the most digital state—certainly in Europe—and which has a very effective and efficient means of electronic voting. It goes so far, and I will come to more of the areas where we could go further in this country when I discuss Amendment 209.
Similarly, with electronic voting we can address many of the issues discussed on day two, particularly on Amendments 119 and 120, about accessibility and inclusion. Electronic voting potentially offers the opportunity for everybody to vote in an accessible and inclusive manner. There is also the consideration of what technology can be used. Certainly, distributed ledger technology offers a range of possibilities to assist with underpinning the integrity and security of electronic voting.
Amendment 209 takes a similar approach when it comes to the electoral register. This would be a step further than the situation in Estonia, because although in Estonia you can vote electronically via the electronic voting machine, there is not a system behind that which can trace the vote from the point of the voter registering in the first instance to being eligible to vote in that environment. If we had the electoral register put on a distributed ledger technology, we could have full traceability, immutability and, crucially, auditability of every move, of every vote—of every element of that system. You could permission particular actors to be the auditors of that. It would ensure far greater safety and security than the current system. It would be extremely difficult to drive an electoral fraud through such a system because you would have to engage so many actors to pull it off. The immutability of the technology would alert, in real time, all those permissioned people to be aware of it.
There is much more I could say on the technologies, but I will not. The crucial point is that if we looked, experimented and proof-of-concepted some of these technologies, we could potentially drive accessibility, inclusion, and the independence, secrecy, security, safety and integrity of every vote and, through that, the entire electoral process in the UK.
Crucially, these amendments are not asking for revolution, transformation, that we move to e-voting, or to an electoral register based on a distributed ledger technology platform. They are simply suggesting that there is something in these technologies that it is worth the Government considering and experimenting with and proofing some of their concepts. I look forward to my noble friend the Minister’s thoughts and response. I beg to move.
Lord Wallace of Saltaire (LD)
My Lords, I speak to Amendment 150 and on some of the broader issues. I was quite worried, listening to the last debate and the Government’s answer. They now seem to be saying that they are not interested in broadening the number of people who vote, filling in the gaps in the register, or in much modernisation of the system, because they are quite happy with the inconsistencies that we have.
I think that the United States and the United Kingdom are the two democracies with the largest number of people eligible to vote who are not on the electoral register in each state or local authority. That is a scandal. It suggests that some of those behind this Bill are concerned with voter suppression, or at least with discouraging people from voting who they do not think may vote Conservative. That should worry us all. I fear that we are heading towards a bad-tempered Report, because the Government will railroad this through without any consultation or discussion.
On these proposals, I strongly agree with the noble Lord, Lord Holmes of Richmond, that modernisation and digitisation is where we should be going. When in government, I was concerned with the digitisation of Whitehall, and I agreed very strongly with Francis Maude, now the noble Lord, Lord Maude, on the efforts which he was making to push digitisation through a rather reluctant Whitehall and a group of largely uninterested Ministers. I much regret that, since 2015, the Government appear to have lost momentum on all that. There are ways of linking government databases without sharing all the information that could make life much easier for citizens on whom the Government hold a fair amount of information which is relevant to them.
I was deeply affected by what happened with the Windrush scheme, when all those people were told that they had no right to be in Britain, or that they had not been living in Britain for the last 20, 30 or 40 years. There was information in various Whitehall departments demonstrating that they had been here, but the Home Office did not look for it. In terms of modernising the electoral register, in terms of managing the vote and in terms of managing another couple of million applicants for overseas voting, who need to be checked properly when they come on to the register and need to have the chance to vote within a tight time scale, digitisation is clearly part of the answer.
The amendment tabled by the noble Lord, Lord Holmes, and my amendment, are saying that the Government should be looking at this. Other Governments are way ahead of us in this. Everything that the noble Baroness, Lady Noakes, said in Committee on a previous day about how astonishingly old fashioned our electoral process is, compared with many other democratic states, is absolutely on target. I hope that the Minister might at least give us a very slight indication that the Government might be just a little interested in this, even though it would be very dangerous for them to encourage more people to vote.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Holmes, for his introduction to his amendment. I thought what he said about the opportunities that are available for new technologies to drive inclusion in our electoral process is really important if we are looking to the future. We completely support his aim to encourage the Government to invest much more in technologies in this area. As the noble Lord, Lord Wallace, said, let us catch up with many other countries which are looking to do this and looking to invest more in this in the future.
One thing we do know is that electronic voting machines are often more accessible for disabled voters. I give the example of the United States, where visually impaired voters can use an audio interface while those with paralysed limbs can select candidates from a screen using head movements. There are all sorts of different innovations that we should be looking to investigate and see how we can bring them into our own system.
I turn to my amendment. The Government’s 2019 manifesto—I go back to their manifesto—included a commitment to
“make it easier for British expats to vote in Parliamentary elections”.
I also say, as part of that, they should be looking at the Electoral Commission’s research after the elections since 2015, which has consistently found that overseas voters have experienced difficulties in voting from outside the UK. This is mainly because many did not have enough time to receive and return their postal vote before the close of the poll.
I am aware that the Government are looking at ways to improve that, but it strikes me that as the Electoral Commission also recommends that the Government explore new approaches to improve access to voting and draws on evidence from other countries, there is an opportunity here, which is why I tabled the amendment. I hope that this will encourage the Government to consider more research into digital technologies and look at what is happening in other countries in order to drive inclusion and enable a quicker and more efficient system for those voters who live outside the UK.
Baroness Scott of Bybrook (Con)
My Lords, these amendments both seek to improve and expedite means of voting for British citizens living overseas. My noble friend mentioned Estonia and although Estonia has e-voting, it still uses paper ballots and less than half of Estonian voters use the e-voting system, which relies on the national ID card as a credential to vote. The blockchain technology which supports its system, although advanced in security, is not foolproof and hackers are becoming more and more sophisticated.
That leads me to Amendments 144 and 209, which would require the Government to conduct research on electronic voting and technological solutions to increase the security of the electoral register. I fully understand that electronic voting and further technological solutions supporting our processes may sound attractive in the light of ongoing digital advances. However, all electronic changes are large-scale programmes and we are currently not persuaded of the need for them and are wary of the risks that they may usher. In particular, electronic voting is a double-edged sword.
The selection of elected representatives for Parliament and other public offices is regarded as requiring the highest possible level of integrity, and the introduction of electronic voting would raise a number of issues. We know that electronic voting is not seen to be suitably rigorous and secure and could be vulnerable to attack or fraud by unscrupulous hackers and hostile foreign states.
Lord Scriven (LD)
If that is the case, can the noble Baroness then say why we are allowed to register to vote electronically and why the Government encourage us to do that?
Baroness Scott of Bybrook (Con)
Security is not as necessary for that as it would be for voting.
Amendment 150 from the noble Lord, Lord Wallace, would require the Government to ask the Electoral Commission to make proposals on how to facilitate the participation of overseas electors in parliamentary and local government elections while maintaining the security of the election process. I highlight the fact that British citizens resident abroad who are registered as overseas electors are not currently permitted to vote in local elections, though they may participate in parliamentary elections. Overseas electors are, by definition, more likely to be directly affected by decisions made in the UK Parliament than by decisions made by local government. For example, decisions on foreign policy, defence, immigration, or pensions may have a direct impact on British citizens abroad. The Government have no intention to change the franchise for local elections in this way.
In a similar vein, Amendment 151, tabled by the noble Baroness, would require the Government to consult on the possibility of introducing digital ballots for overseas electors within six months of the Bill passing. Ballot papers are printed on specific papers with security markings on them as a measure to prevent fraud. This cannot be replicated when printing on home printers and it would raise concerns as to the secrecy and security of the ballot if such measures were removed. Furthermore, the votes of overseas electors could then be easily distinguishable at a count if, for example, they were printed on different paper. That cannot be appropriate. As such, the Government cannot support the introduction of a “print and return” system for ballot papers.
On a wider interpretation of “digital ballots”, the Government hold the position that, at present, there are concerns that electronic voting by any means is not suitably rigorous and secure and could be vulnerable to attack or fraud. Due to these concerns, the Government could not support any alternative online voting option for overseas electors. This consultation, therefore, would be a poor use of time and resources.
The provisions in the Bill will enable overseas electors to remain registered for longer with an absent vote arrangement in place ahead of elections. The registration period for overseas electors will be extended from one year to three years. Additionally, electors will be able to reapply or refresh their absent vote arrangements as appropriate at the same time as renewing their registration. We are also introducing an online absent vote application service allowing electors registered in Great Britain, including overseas electors, to apply for a postal or proxy vote online. It is anticipated that an online service will alleviate some of the pre-existing challenges for electors and electoral administrators, by reducing the need to rely on manual processes. In addition to benefiting citizens, these changes will benefit electoral administrators by reducing workloads during busy electoral periods.
Additionally, the Government have already improved the postal voting process for overseas electors registered in Great Britain by working with Royal Mail and the British Forces Post Office to expedite dispatch abroad and funding the use of the international business response licence which expedites the return of ballot packs from overseas in a large number of countries, as well as covering any postage costs that might otherwise be incurred.
In summary, the Government have already taken steps to improve voting methods for overseas electors, without risking the integrity of the ballot, and will not consider these amendments. I urge that the amendment is withdrawn.
Lord Holmes of Richmond (Con)
My Lords, I have the greatest respect for the Minister, but that was an extraordinarily disappointing response. The amendments merely asked the Government to consider these areas, but the response was, “We will not”. From the Minister’s response, we would take it that the current electoral system is without difficulties or problems. The intervention from the noble Lord, Lord Scriven, was germane, because one could register online with whatever means one chose, with no real checks. It probably boils down to still messing around with gas bills as some kind of proof of identity, but where is the quality of that? Nowhere. At this stage, I will withdraw the amendment, but I have to say that that was an extraordinarily poor response.
“Qualification for standing in local authority elections: temporary housing exception
In section 79(1) of the Local Government Act 1972 (qualifications for election and holding office as member of local authority), at the end insert “; or“(f) he or she may have otherwise qualified under any combination of paragraphs (a) to (e) if he or she had not been provided temporary housing outside of the area by the local authority.””Member’s explanatory statement
This amendment would protect the right of people in temporary housing to stand for election where the local authority provides temporary housing outside of the local authority area.
Baroness Bennett of Manor Castle (GP)
I move and speak to Amendment 144E, which noble Lords will have noticed appears in the name of my noble friend Lady Jones of Moulsecoomb, but operating on our normal lark and owl rota, this one falls to me at the owl end of the evening.
We have just been talking about some major issues around the Bill and our whole electoral system. Here, we are doing something that some might regard as a more traditional aspect of your Lordships’ House: the scrutiny, modest measures, cleaning and tidying and curing of small injustices. Amendment 144E amends Section 79(1) of the Local Government Act 1972, addressing the situation where people have been placed by their local council into temporary housing outside the area for which they wish to stand for election.
We know that housing is now a huge issue. Many people are struggling to find housing, many people are being displaced and many local councils are struggling to find housing. The amendment comes from the case of a person who contacted our office who wants to stand in the forthcoming local elections and, through absolutely no fault of their own, under the current rules have been made ineligible to stand because they have been placed in temporary housing outside the local authority area.
It is obvious that this is not an isolated case. It is a factor of the current qualifications for standing in local elections. It is a case of instant disqualification. Someone may have been in an area for decades and be really embedded in that area, part of that community and have something to offer it but, because of the lack of housing—perhaps a failure of the local authority—they are suddenly unable to stand and to contribute. Of course, this can affect any candidate, regardless of their party or their social or economic situation. Perhaps they have been evicted because a landlord is selling the home they have been living in, perhaps they are fleeing domestic abuse. There is a whole host of other reasons why people might need temporary accommodation. They may have been planning stand in the forthcoming election for years, but the placement outside the borough scuppers all their hard work.
This is a small, modest amendment that would affect only a very small number of people, but it would address a basic injustice. I hope that I will get broad support across the Committee for the amendment and the Government might feel able to move modestly on it. I beg to move.
Lord Khan of Burnley (Lab)
My Lords, I shall speak briefly to this amendment, which would protect the rights of people in temporary housing to stand for election where the local authority provides temporary housing outside the local authority area. At any given point, close to 100,000 households live in temporary accommodation, according to quarterly statistics published by the Department for Levelling Up, Housing and Communities.
The noble Baroness, Lady Bennett of Manor Castle, is right to draw attention to their right to participate in the democratic process, and I fully support the intention behind her amendment. We on these Benches fully support the points she made. Those who live in temporary accommodation are often most in need of their voice being heard, especially at local authority level. The suggestion that they would be prevented from standing for the relevant local authority due to the fact that their temporary accommodation is located outside the boundary is absurd. I hope the Minister will accept the case behind the amendment and work with the noble Baroness to find a solution to the problem.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Baroness for the amendment. Although admirable in its intent, it introduces an unwelcome subjective element into the current objective criteria that specify qualifications for election as a member of a local authority. It presupposes that an individual, if moved by their local authority into temporary accommodation out of the area where they are standing for election, would otherwise satisfy the qualification criteria had they not been moved by their local authority.
The qualification criteria for local elected office must be beyond doubt. The amendment as drafted would remove the demonstration of consistent connection with an area that the current criteria rightly demand. The amendment would introduce a subjective qualification that the individual believes that they would otherwise categorically have remained eligible within the existing criteria, but this is not objective; it could be neither proved nor disproved. It would be unreasonable for the local electorate to be asked to consider voting for someone who may no longer have a strong connection with the local area nor any demonstrable proof that they would otherwise have maintained that contact.
There are other criteria for standing in local elections, and I think it is important that anyone in this situation looks at those—specifically, that they have been a local government elector for the last 12 months and that they have during the last 12 months preceding that day occupied as owner or tenant any land or other premises in that area. If they work in that area then they can stand for local election, or if they have resided there for the whole of those 12 months before they were moved just before the election. Also, there is the case that they are a member of a parish or community council. There are other points for people to consider.
We have looked at this and will give it further thought, because it is an interesting concept that has not come up before. We do not make any promises, but we will look at it. At this moment, though, the Government cannot accept the amendment and I urge the noble Baroness to withdraw it. Maybe we can have further conversations.
Baroness Bennett of Manor Castle (GP)
My Lords, that was a very short but productive group. I thank the noble Lord, Lord Khan of Burnley, for his offer of support.
I note that, with 100,000 households affected, we are not just talking about a few people; there is a significant group here. To respond to the Minister, we often think about people being moved long distances from an area, but it could literally be to the other side of the road—that would still technically be out of the area. However, I very much thank the Minister for her constructive response. I will not go through it line by line now, but I would very much like to work with her to see how we can address this issue.
I just make the point that, if you had resided there for the whole 12 months—maybe you were moved into temporary accommodation the day before—there are obviously areas there that do not help. With regard to working, again, people may volunteer in the area but maybe what they spend much of their time doing is not work in terms of that qualification. However, I very much take encouragement and I hope to work with the Minister in future to see what we can do with this. In the meantime, I beg leave to withdraw the amendment.
“Return of election deposits where a candidate's party elects at least one MP
(1) Rule 53 of Schedule 1 to RPA 1983 (forfeiture of deposit) is amended as follows.(2) After paragraph (3) insert—“(3A) Where a candidate has been authorised to use a party description under rule 6A of these rules, the deposit shall be returned as soon as practicable after any candidate using the same party description is elected in any constituency at that general election.”(3) In paragraph (4) after “paragraph (3)” insert “and (3A)”.”Member’s explanatory statement
This amendment would return the election deposits to all general election candidates whose registered party elects at least one MP.
Baroness Bennett of Manor Castle (GP)
My Lords, I rise again to speak to amendments in my name, starting with Amendment 144F, which moves us back to a larger scale. It would amend the part of the Representation of the People Act 1983 that deals with deposit forfeiture to return election deposits to all general election candidates whose registered party achieves at least one MP. Those Members of your Lordships’ House who are still paying acute attention at this hour of the evening might have noticed that I have to declare an interest at this point.
The “one MP” point is not chosen randomly or for self-interest. It surprises many voters when they find out that to stand in a general election you have to pay a £500 deposit. Maybe many say, “A one-off payment of £500 is not that large a sum of money”; it is for many people in many communities, but maybe it does not seem that much. However, put that at a national scale: to take the example of the Green Party in the 2019 election, 465 lost deposits cost us £232,500, the best part of a quarter of a million pounds. I am aware that for some political parties that might look more or less like change down the back of the sofa, but to us it is a massive sum of money, a sum that in our case is largely raised by crowdfunding at a local level, people putting their £10 or £20 in to support local democracy.
What we have is a very odd situation—here I come to why the “one MP” criterion is in the amendment—because, in our system, we have what is known as Short money. It was introduced in the Commons in 1975 and is available to all Opposition parties that either secured two seats or one seat and more than 150,000 votes at the previous general election. It is payable to qualifying parties as £18,400 for every seat won at the last election, plus £36 for every 200 votes gained by the party. When people say to me, “I think my vote is being wasted because it didn’t elect someone”, it is always worth pointing out that it does have an impact in terms of Short money.
In the context of this amendment, we have a situation where with one hand the state deliberately gives money to parties that have won at least one seat and got a certain number of votes but, with the other, takes it away in terms of the election deposits. This is, in effect, a tax on democracy. If we look at the comparison with many other democracies around the world—on earlier groups we were talking about comparisons in many ways and how we appear to fall short compared with other democracies—it is interesting that many other democracies in Europe and other parts of the world fund the operations of their political parties on a regular basis, not just in parliament but in terms of funding research and election campaigns. They acknowledge that, if we do not all collectively fund politics, the people who do fund it are the ones who then get the politics that they have paid for. We are now in a situation where we are getting politics paid for by a relatively small number of people, and election deposits make that far worse.
I will be interested to hear from the Government what their current justification for election deposits are, but I expect that they might say the £500 deposit discourages frivolous running for office and joke candidates—at which point I would invite them to look at any list of candidates standing in any general election or high-profile by-election, as it does not really seem to do the job.
If the Government do not like Amendment 144F and the immediate step to end this tax on democracy, I have the alternative Amendment 212F, which is a simpler and less immediate action. It calls for a review of election deposits and the exploration of alternatives. If the Government were to acknowledge that there is an issue here that deserves to be explored and should be considered, Amendment 212F is a way of getting to that by taking a longer and more considered view of how we might approach this situation and end this barrier to democracy. As we were discussing on an earlier group, the Government said in their impact assessment of this Bill that their aim is to improve access to democracy. Taking away the deposits could be one important step for that. I beg to move.
Lord Stunell (LD)
My Lords, the noble Baroness has come up with a very cunning plan and I have to say that, as a Liberal Democrat, I can see its merits immediately. I just say one thing to her, which is that it is usually a mistake to put all your dice on one number. There is about £250,000 at stake if that seat were, by any mischance, to be lost. That may be a good reason for me to be more enthusiastic about her second amendment than her first, which might be a case of being careful what you wish for.
Nevertheless, she has raised some important issues which are clearly relevant to all political parties other than the big two—it has to be said that the big two also waste money on lost deposits, although I am sure they do not think of it as being wasted so much as an investment for the future. That said, it is an interesting argument to link this to the payment of Short money from parliamentary funds to support those political parties which are represented in the other place. It will be interesting to see whether the Minister is in any way tempted to assist small parties with a £250,000 bounty, as compared to the very much bigger sums of money which he and his colleagues can summon up on demand when a general election arises.
Lord Collins of Highbury (Lab)
My Lords, I hear what the noble Baroness says, but there are many reasons for a deposit. It is a well-established practice and I do not accept that it is necessarily a barrier, bearing in mind the facilities that being a registered candidate gives you—not least free postage for an election communication to every elector. There are certainly a lot of things you can already benefit from as a properly accredited, validly nominated candidate. There are lots of responsibilities to that, so I do not see grounds for change.
However, that does not mean I am opposed to some sort of examination of precisely how the deposit system impacts on candidates. The noble Baroness said that an argument might be made that it acts as a barrier to participation, but then she said that, when you look at general elections, a lot of candidates are thrown in, particularly in high-profile seats. It is a form of registration; you get your money back if you get sufficient support, so I do not see the grounds for changing.
Lord True (Con)
My Lords, I am afraid that, having been able to be reasonably accommodating on the previous amendment, I cannot meet the noble Baroness on this one for very similar reasons to those argued by the noble Lord opposite. The reality is that candidates have to provide a deposit of £500, which is lost if they get less than 5% of the vote. It is designed, as the noble Lord said, to ensure that, normally, only those who are serious about seeking public office will put themselves forward for election. However, it does not seem to have deterred Lord Buckethead over the years I have been following elections, although I suspect the figure under the bucket may have changed—he has been around a long time.
As the noble Lord, Lord Collins, said, candidates at parliamentary elections are entitled to have an item of election material sent to electors free of charge by the Royal Mail. Paying the deposit gives candidates access to over £20,000 of public money for this purpose in a typical case. This is a factor in the level of deposit required from candidates.
The noble Baroness proposes that, at a general election where a candidate standing wins one seat for a party, all other candidates standing for that party would be entitled to have their deposit returned regardless of the level of vote they receive. At a general election, there are a series of individual contests in individual constituencies across the country, as the Green Party knows very well from its successes. We submit that it would be a significant change for a result in one constituency to have any impact on contests in others. You can have very different results down the road; that is germane to a general election. While candidates can be members of parties, they stand for election on an individual basis and the law views them as such in terms of deposits.
As the noble Baroness sees it, this would help her party, which secured a little more than 2.5% of the vote nationally. The noble Lord, Lord Stunell, said it might help other parties. However, the reality is that, as she acknowledged, the Greens were not so popular, because they lost their deposit in 465 constituencies, which was up from 456 lost deposits in the previous election—they actually lost more. This amendment would require, as the noble Baroness acknowledged, nearly £250,000 of taxpayers’ money to be returned to Green candidates who had been rejected by taxpayers at the polls.
We would also need to consider very carefully the implication the proposal would have in individual constituencies. It could unfairly and, in my submission, inequitably disadvantage single, local independent candidates—we all know them, people who have strong issues in a local constituency, who put themselves on the line. They may get more of a share in a particular constituency than this national party, and then find someone they had beaten gets their deposit back, but they do not. A level playing field for elections is essential for our democratic processes, so I agree with the noble Lord, Lord Collins, that this would need a lot more consideration before we could go near this. The Government constantly review electoral activity, but I regret to say that we cannot support this change, and I urge the noble Baroness, Lady Bennett, to withdraw this amendment.
Baroness Bennett of Manor Castle (GP)
My Lords, I thank the noble Lords who have participated in this short debate and thank the Minister for his response. I would perhaps question the classification of general elections as measures of popularity; they are reflections of popularity, since people have to deal with the first past the post voting system. If we look at the last election, it might have been taken as a measure of popularity where votes more or less matched seats, and people knew that their votes counted. It was the last European election where the Green Party got 11% of the vote and finished ahead of the Conservative Party in that particular measure of popularity under a different voting system.
I wish to pick up on a couple of points. Both the Minister and the noble Lord, Lord Stunell, picked up the point about the one seat issue. I take their points, but the fact is that, with Short money, there is already a legal situation that says one seat means you will be regarded as a national party. I am interested in the Minister’s comments, with his strong stress on each seat being an individual contest, which does not really seem to be the way the Conservative Party has been fighting recent elections, or the way recent elections have been treated by the media.
On the Minister’s point about disadvantaging single local candidates, around the country at a local council level we are seeing groups of candidates representing their local area—I am thinking of Herefordshire, but there are other areas where significant groups of councillors have come together as representatives of their local area, and they might want to run in a number of seats where they represent the council, and that is a very large sum of money.
The noble Lord, Lord Collins of Highbury, said it is not a barrier to participation because you get your money back if you get sufficient support, but that implies you are able essentially to gamble £500. While there are many people in our society who can say, “Well, here is £500—I will get it back or I will not”, there are an awful lot of people for whom that is not a financially viable situation, who do not have access to that £500 to start off with.
I think this has been the start of a conversation. I took encouragement from the comment by the noble Lord, Lord Collins of Highbury, that the idea of a review might be of interest to the Labour Party. I think that is something that I might look to take forward in the future, and I hope we might be able to work on that. This has been very much the start of a conversation which has a long way to run, but at least it has been started. In the meantime, I beg leave to withdraw the amendment.
Baroness Hayman of Ullock
“(c) on that date a red notice has not been issued in respect of the individual by Interpol.”Member’s explanatory statement
This probing amendment would prevent those who have been issued a red notice by Interpol from being overseas electors.
Baroness Hayman of Ullock (Lab)
My Lords, I have tabled my Amendments 146 and 147 mainly to probe what kind of checks and balances are taking place for who can register for a vote as an overseas elector. This is because our main concern about the overseas elector section of the Bill is that it could undermine the integrity of our electoral process if not done well. I have mentioned in previous debates concerns raised by local government and others about the pressures on our councils and election teams, which are already overworked and underresourced. These changes to who can register as an overseas elector will in some areas greatly add to the pressures and workload, so they will need support in making sure that everyone who applies is a proper person to be on the register.
I also draw attention to the fact that we are very worried that the proposed changes could create a loophole in donation law that would allow donors unlimited access to our democracy—in other words, foreign money to be able to bankroll election campaigns from potential offshore tax havens. I will not go into any detail now, because we are going to debate this in some detail on Monday.
Whether we agree with removing the 15-year limit or not, it does not seem right to me that expats will be granted more flexibility in registering a right to vote than some people living in this country. My noble friend Lord Collins will talk about this in the next debate.
I want to briefly talk to my Amendment 148. The issue of sanctions is pertinent at the moment, given Putin’s invasion of Ukraine, which has led to new legislation and designations of Russian individuals and businesses. This has shone a light on the complexities of sanctions legislation and the importance of the entire statute book complying with such declarations. The purpose of this amendment is to highlight that election law must too be implemented in accordance with any sanctions legislation. There is clear evidence that Putin’s regime has sought to undermine democracies around the world, and it is entirely possible that, in the future, it may seek to do the same in relation to the UK. For this reason, public bodies in the UK that organise and facilitate elections must work closely with the bodies responsible for maintaining our compliance with sanctions. Ultimately, this means ensuring that sanctioned individuals play no role in elections. But given the complexities of holding elections, this is easier said than done. That is why we have tabled this amendment—in the hope that the Minister is able to explain how the Government can help to ensure that elections are held with consideration of sanctions legislation, to prevent foreign interference from hostile actors. I beg to move.
Lord Scriven (LD)
My Lords, I wish to speak to the two amendments in my name, Amendments 147A and 147B. They are meant to be helpful, in the same way that the amendments I put down on postal voting numbers and handing them back at city halls or town halls were meant to be helpful—helpful in the sense that they come from briefings from and discussions with those who administer the elections. What those people are saying is that they welcome the move from annual to three-yearly registrations for overseas voters, but that the new three-year period might not help with the administrative burden because general elections can be five years apart. Therefore, people registering late and not every three years, as the tendency is, will mean that the problem from the impact assessment that the Government are trying to solve—about late registrations posing
“challenges for persons who choose to vote by postal ballot and live further away from the UK”
in getting their vote back—may not be solved by what the Government are doing.
I seek clarification from the Government. What advice has come back from the discussions they have had with electoral registration officers? Do they feel it would solve the problem to move to the three-year gap or that, in their view, a five-year period for re-registration would help to deal with the problem that the Government identify in their own impact assessment?
Lord Wallace of Saltaire (LD)
My Lords, overseas voting extension is an important part of this Bill, one of the many bits that is substantially changing the pattern of voting. It could add a couple of million extra voters and deserves better than the treatment it is getting at present. Some of us may wish to discuss whether we will oppose Clause 12 standing part on Report just to make sure we have a proper discussion. I have been struck, in everything I have read and discussed with Ministers and officials, by the fact that this has not been thought through and has been poorly prepared. If I were unduly suspicious, I would say that Ministers are more interested in getting donations from people who will then come on to the register than they are in really getting proper overseas representation.
We know where this comes from: the campaign that Sir Geoffrey Clifton-Brown, when he was head of the Conservative Party’s international office, took to encourage overseas voters, particularly retired British expatriates in Spain and France, to register. Academic research that I found, which the Minister, when I spoke to him, appeared to be unaware of, showed that the distribution of votes—I do not know whether the Minister is listening to me; he may not be interested—in constituencies had been lopsided from the start. It was always concentrated in London and the south-east. Now, it continues to be very lopsided. The Minister said that he was unaware of the distribution of votes by constituency. I found it out quite easily, through the Office for National Statistics. I am sorry it was not available to him. It ranges from over 2,000 in several north London constituencies, to 25 or so in various Welsh constituencies. If we double that, the maldistribution of overseas voters in different constituencies will entirely undo the redrawing of the boundaries to make them more accurate, which is just going through.
The academic research in the mid-1990s suggested that two-thirds of overseas voters in 1992 had voted Conservative, but only in small numbers. After the introduction of individual electoral registration allowed Conservatives abroad to mount a registration drive on individual registration from abroad, numbers rose from 33,000 in 2010 to 106,000 in 2015. The Conservative Party International Office encouraged targeted donations from abroad to marginal seats in the 2015 general election, showing that donations were a very important part of this. After the referendum, the numbers registered surged to over 300,000, which perhaps suggests that the Conservative assumption that they are all going to vote Conservative may have been a little shakier than they had intended.
There are many weaknesses with the proposals as they currently stand. First, in a Bill that tightens identity checks for domestic voters, the identity checks for overseas voters are extremely weak. Furthermore, the Government do not know who the overseas citizens are, how many of them there are or where they live. I put down a series of Written Questions six months ago, and the answers I got to most of these was “We do not have the figures”. I asked the Foreign Office what information it had, and it said that it plays no role in the registration of overseas voters and it does not expect to play any role in assisting them to vote. If the Minister had looked at comparisons of the way in which other Governments handle overseas voting, he would have noted that embassies and high commissions play a very active role in this. The noble Lord, Lord Hayward, reminded me that the largest polling station in Australia is at the other end of the Strand in London. The British Government apparently do not want to get involved in that, and it would be very complicated.
The problem we were discussing about digitisation and how to get the balance out and then get them back in a short campaign, remains and is already a grievance with overseas voters.
The absence of preparation, therefore, is absolutely clear. The problem of how you identify fraud is very considerable if the Government have such little information on where citizens are and who they might be. The identification checks are very weak, and the powers given to the Secretary of State to take whatever measures he thinks appropriate to provide information campaigns suggest that a particular Secretary of State might decide that Portugal, Spain, Italy or France are where he wants to concentrate their efforts, rather than on those who retired to Jamaica or southern Nigeria or Pakistan.
Lord Wallace of Saltaire (LD)
Or Belgium: exactly. There are many weaknesses in this. We put down another amendment, which comes in the next group, suggesting that the appropriate answer is overseas constituencies. The idea that people should vote in constituencies in which they have not lived for 50 years is absolutely absurd. My conversation with my local ERO suggested that trying to check on whether they actually have lived there or not might prove an impossible task.
This is a very shaky part of the Bill. My conversation with the Minister and officials suggests that they have not thought this through; it seems the Minister is not interested in thinking it through any further. I suspect, therefore, that it is the donations that they are really interested in, and this leaves me very discontented with this part of the Bill.
Lord Stunell (LD)
My Lords, I want to ask some technical questions, without necessarily knowing what the correct answer is myself. I hope that the Minister, if he is not able to answer today, would be prepared to write to provide a further explanation.
I start by referring to some of the text of Clause 12. On page 14, line 13, under the new section “Extension of parliamentary franchise”, there are various conditions that a person has to satisfy. They have to be,
“not subject to any legal incapacity to vote (age apart)”
et cetera. I take it—perhaps the Minister can consult the Box to get an answer to this—that that is to make sure that nobody overseas registers who is under age. I assume that is the meaning of that. If I am wrong about that, then there might be a whole set of questions arising, but that seems to be the common-sense explanation for those two words in brackets.
I want to move on to the next page of the same clause. New Section 1B is headed,
“British citizens overseas: entitlement to be registered”.
The proposed new section sets out that, essentially, there are two ways in which one can qualify to be registered. The first is as a former elector in a United Kingdom constituency. There will be discussions about that, I am sure, but the second is what I want to focus on at the moment. The second condition is that you were a former resident in a UK constituency. We already know that there is quite a large number of people who are not registered, because we discussed earlier on that the Electoral Commission’s estimate is that in Great Britain and Northern Ireland, there are somewhere between 8.6 million and 9.8 million people who are currently resident but not on the electoral roll. There is, therefore, quite a large pool of people who, presumably in approximately equal proportion, will be overseas now. There is no special preference for people who have registered being the people who have migrated.
So my question is: does this legislation grant voting rights to someone who left the UK with their parents as a baby and moved to Switzerland, say, to claim their vote alongside their parents, once they reach the age of 18 overseas? If it does, I note that there does not seem to be any requirement for that baby to have been born in the United Kingdom; they need to establish only that they were resident here. As far as I can tell, there is no specified minimum period for that residence.
I will take a case that is not entirely hypothetical. Parents who came to the United Kingdom, having been working in Ghana, with a baby who was born in England, move to Switzerland six months later. It seems that nothing is set out in the legislation to prevent that baby from claiming their vote on reaching 18 while still living overseas. I want to check that I have not misunderstood what the legislation is saying there and that, by virtue of that brief period of residence, they would be eligible to vote and—I suppose I could add—to make a donation. If that is true, I know of two British nationals now in their 50s who will be very happy to take up the offer.
But I want to know whether that really is the extension to the franchise that the Government want or whether I have actually missed something and, in some other part of the RPA—or Schedule 9 or goodness knows where else—there is something that would prevent that absurd outcome.
Baroness Scott of Bybrook (Con)
My Lords, I will first answer the noble Lord, Lord Stunell: it is late and I do not have all the answers, but we will get a letter to him as soon as we can to answer his questions.
Amendment 146 seeks to place a time limit on overseas electors’ connections with the UK. Imposing a new time limit, albeit a longer one, does not deliver on our manifesto commitment to introduce votes for life. The Government’s view is that any time limit is arbitrary in an increasingly global and connected world. Length of time outside the UK is not a certain indicator of how a person feels about their British identity or a measure of the interest that they take in this country’s future. The Bill sets a sensible boundary for the overseas franchise. Previous registration or residence denotes a strong degree of connection to the UK.
Amendments 145, 147 and 148 seek to prevent people who have committed offences or been sanctioned under the described Acts, or those who are subject to an Interpol red notice, from registering as overseas electors. Domestic electors are not required to declare whether they have ever committed offences under the Acts described, and the Government will not impose these requirements on overseas electors. Overseas electors would be subject to the same restrictions as domestic electors in respect of offences relating to personation and postal vote fraud that result in a temporary bar from voting upon a person being convicted or named as personally guilty of that offence.
In a situation where a domestic elector would not be permanently barred from voting, we would wish to treat an overseas elector equally—
Lord Stunell (LD)
The Minister has just said that exactly the same restrictions would apply to overseas voters as to voters in the UK. If an overseas voter had been sent to prison in Switzerland, say, for 18 months, would they be able to vote from prison there, or would we have a mechanism for making sure that they were not competent to vote in that situation?
Baroness Scott of Bybrook (Con)
I think that is a hypothetical question, but I shall certainly get a legal opinion on it.
On Amendment 148, as the noble Baroness said, all those issues on sanctions should be dealt with on Monday, within the group on donations, if she does not mind. I think that is the sensible place to have that debate. Therefore, I urge her not to press the amendments.
Lord Scriven (LD)
The five-year period in my amendment comes from a briefing from Solace. Could I suggest that further discussion takes place to see whether something has happened since the original discussion?
Baroness Scott of Bybrook (Con)
I shall certainly ask the team to go back and check. I do not know whether it was Solace or another group that has been working with the policy team on this. We will check that out for the noble Lord and see why there is a difference.
Furthermore, the Bill carefully balances the need to ensure that registers are kept accurate and that overseas electors’ contact details are up to date, which is particularly important to ensure that they receive a postal ballot. I hope the noble Lord will consider these points and not press his amendments
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for her response. I will just make a couple of points. One is that there is quite a bit of concern about this part of the Bill. The noble Lord, Lord Wallace, talked about concerns about proper checks, which is what we are very concerned about—making sure that those checks are done so that the people who are asking to come on to the register who have not been in this country for a long time are proper people to come on to the register, and the checks and balances have taken place properly and correctly. Also, if that is going to happen, what about the support for local authorities and election teams? It could be a lot of work in some areas. At some point, it would be good to return to this issue.
I completely take the Minister’s point about looking at sanctions in more detail in the debate on Monday. That is a particularly important thing that we need to spend some time on, even if the broader debate is not one that the Government want to spend time on. We need to look at that. With that in mind, I beg leave to withdraw my amendment.
Lord Wallace of Saltaire
“Creation of overseas constituencies
(1) Within six months of the passing of this Act, and prior to section 12 coming into force, the Secretary of State must lay a report before Parliament on proposals for overseas constituencies.(2) A report under subsection (1) must consider proposals on—(a) the most suitable deployment of overseas constituencies;(b) the ratio of nationals per MP;(c) the impact on existing UK constituencies;(d) the local administration of ballots;(e) the appointment of returning officers; and(f) the form of proportional representation best suited to electing Members of Parliament to represent overseas constituencies.(3) In preparing a report under subsection (1) the Secretary of State must consult—(a) the Public Administration and Constitutional Affairs Committee of the House of Commons;(b) the Constitution Committee of the House of Lords;(c) the appropriate committees of the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly;(d) the Electoral Commission;(e) the Association of Electoral Administrators; and(f) any other person they consider appropriate.”Member’s explanatory statement
This amendment requires the Secretary of State to report on the creation of overseas constituencies.
Lord Wallace of Saltaire (LD)
My Lords, if the Government were in a mood to try to build any sort of consensus on the Bill, which they clearly are not, I would hope that they would be willing to consider accepting some part of this amendment; it does not say that we should necessarily create overseas constituencies but that we should at least consider them.
If I may anticipate the Minister’s comment that this would be an enormous innovation, I point out that the extension of the franchise to people who have lived abroad all their life is itself an enormous innovation. If I were to follow the line that he has argued on former subjects—that we should be looking at the practice of other countries—overseas constituencies are a practice in a number of democratic countries for very obvious reasons. If you are looking after your overseas voters, they have lost their links with their local constituencies, they are much more distant than they were and they have a different set of interests and it is therefore perhaps appropriate for overseas constituencies to be created.
It may be that we have not yet thought this through. I suspect that the Government have not thought about it at all because they do not have the numbers or any of the practice or documentation that the French, for example, have about their overseas citizens with support from their embassies, consulates and others. Nor have we looked into what we do about dual and triple nationals, an increasingly large and difficult category, as we have discovered in our relations with Iran and China in recent years, which takes us into the question of how we might redefine British citizenship as such in a much more global world. The question of how parties fund keeping in touch with overseas voters is the most sensitive one because we know that one of the underlying structural biases in our electoral system is that one party has two-thirds of the funds available for political parties and the others have a great deal less, so we know which party will be able to keep in touch with the overseas voters it wants and the others will not be able to do so.
Having said that, I hope the Minister will recognise that there is a case for looking at this. The current proposals will concentrate overseas voters, by and large, in London, Surrey and other home county constituencies. We do not know the implications of that. A Conservative Peer of my acquaintance told me that the one overseas constituency in France which consistently votes left is the one that includes London; he suspects that there might be some similar interesting differences in where people are living as opposed to where they come from, but at least we ought to be looking at that as part of the package. I therefore ask the Government not to close their mind to this and not to demonstrate that getting this done without thinking through the implications is all they are really concerned with. As part of approaching this major extension of the British franchise, they should look at this, as other countries have done. I beg to move.
Baroness Hayman of Ullock (Lab)
I have very little to say other than that it is a very interesting suggestion and I thank the noble Lord, Lord Wallace, for bringing it forward and giving us food for thought. I had no idea that France had overseas constituencies until he tabled his amendment and I looked into it. It is an interesting suggestion.
Baroness Scott of Bybrook (Con)
I fear that at this late hour, I will disappoint the noble Lord. This amendment would require the Government to prepare a report on proposals for the creation of overseas constituencies. The Bill will allow overseas electors to continue to vote in constituencies to which they have a significant and demonstrable connection. This constituency link has always been and continues to be a cornerstone of our democracy. Creating overseas constituencies is therefore not something the Government are considering. To commission a report on the topic is unnecessary. Overseas electors will continue to register in the constituencies to which they have a significant and demonstrable connection.
As the amendment acknowledges, there are extensive and complex bureaucratic challenges to implementing overseas constituencies. There would, for example, be ongoing complexities regarding how constituency boundaries and their electorate would be determined and maintained with a constituency stretching across multiple countries and being affected by fluctuating migration. Furthermore, electoral administration for overseas constituencies would have to be done in a very different way from the current process, whereby it is undertaken by local authorities. We would need to address matters such as: who would be responsible for maintaining the register of electors and administering the polls for an overseas constituency. Overseas constituencies would not fit in with the existing arrangements for organising constituencies and delivering elections, and establishing them would require the consideration of a range of complex issues. I hope the noble Lord will feel able to reconsider this suggestion and withdraw his amendment.
Lord Wallace of Saltaire (LD)
My Lords, that is not at all surprising as an answer. I point out that the extensive and bureaucratic challenges to which the Minister refers are involved in extending the vote to overseas voters in the first place. Those challenges will be met by local registration officers in Britain, but if we are to have a different relationship with our 5 million to 7 million citizens abroad, we need to look at it in a rather more rounded way and consider how we manage it. It is not a question of just extending the vote and leaving it like that.
After all, we have got into some difficulty in recent years with the question of how we relate to overseas citizens, particularly our dual nationals when they are imprisoned in the other countries of their nationality—and these are not particularly friendly countries. That needs to be thought about.
What I hear from the Government throughout the Bill is that they are not interested in anything except their current agenda. They are not interested in thinking through the implications of some of their proposals. I have talked to Canadian Senators about how they cope with these voters. I am aware of the French system; I am surprised that the noble Baroness, Lady Hayman, was not. The Britain, Ireland and Nordic constituency is one of its five overseas constituencies. Many people in London are French and therefore vote in French elections. In the last presidential election campaign, Macron came to address a large meeting in London as part of his campaign. If we were to move in that direction, of course British politicians would need to think about which other countries they would go to campaign in. There are some large implications of this which, if I may say so, the Government appear simply not to have thought through as they push this through.
That is the problem with an awful lot of this Bill. The noble Lord, Lord True, will be responsible for having assisted and enabled a thoroughly badly thought-through Bill to become law. That will be on his conscience and his responsibility. I beg leave to withdraw the amendment.
Elections Bill
Monday 28th March 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-VI Sixth marshalled list for Committee - (24 Mar 2022)
Lord Wallace of Saltaire
“Voting by EU nationals
In section 1(1) (entitlement to vote in parliamentary elections) of the Representation of the People Act 1983, for paragraph (c) substitute—“(c) is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union; and”.”Member’s explanatory statement
This new Clause would allow EU citizens to vote in UK parliamentary elections.
Lord Wallace of Saltaire (LD)
My Lords, I regret that the noble Lord, Lord True, is unable to be with us. I gather he is down with Covid, and I send him sympathies. I hope I have not caught it from him—we shall press on. This creates some further difficulties in completing the Bill, on which I hope I may briefly remark. We need to have some discussions between Committee and Report. I hope there will be some—time is short and they need to be fixed up very quickly. As many of us have remarked, the state of the Bill is unsatisfactory. We know that the Public Administration and Constitutional Affairs Committee said that the Bill was unfit for purpose as presented to the Lords. We have explored many areas already in Committee, such as overseas voting, which we debated late at night in our previous sitting, when it was quite clear that the Government did not have answers to a number of our questions. How that will be implemented if the Bill is passed is, to put it mildly, extremely unclear and probably very messy.
We all regret the missed opportunity of this Bill. It is clear that there will have to be another elections Bill within the next two to three years to achieve what the Law Commission proposed, which is a simplification and rationalisation of our electoral law. This Bill is not that.
This group of amendments deals with the tangle of voting rights left by imperial history and various other things, which the Government appear not to be concerned to rationalise. We have rights for Commonwealth citizens. We have had rights for EU citizens. We have no rights for long-term residents from the United States, which is extraordinary given the Conservative Party’s long feeling that we were closer to the United States than any other country.
My Amendment 152 is a probing one to spark a discussion on how we might think about rationalising the system. EU citizens resident in this country for a very long time—there are 100,000 French citizens in the London area alone, for example—have had the right to vote in British elections. Some would say that they should no longer have the right to vote in British parliamentary elections, but the case for the right to vote in British local elections for those who are resident here, pay council tax and contribute to other British taxes seems to me strong. As far as I am aware, the Government have no particular clear ideas on any of this.
Amendment 155 in the name of the noble Baroness, Lady Hayman, takes us to a recommendation of a number of reports that preceded the Bill: that we should move towards a residency requirement. That seems a rational suggestion. It has a clear principle, unlike the present situation. A residency requirement, at least for voting rights in local elections, would be a very sensible way forward. I am very sorry that it is not in the Bill as drafted.
The rationale for extending rights to overseas voters does not seem to go along with a refusal to recognise that the argument for extending the rights of residents to local voting ought to be considered in the same context, but, sadly, the Bill leaves that as tangled as before. Part of the problem is that the concept of UK citizenship is also a tangle of historical legacies and anomalies.
I find it odd that the Government are happy with this. Do they not consider that a wider reform with a clearer rationale for the changes proposed is now needed? Why is it not in the Bill? The passage of this Bill in its current form will require a successor Bill as soon as possible by this Government or their successor. I beg to move.
Lord Desai (Non-Afl)
My Lords, I speak on this amendment because, when I arrived here in 1965, I had an Indian passport and I was surprised when, during the 1966 election, someone said to me, “Have you voted yet?” I said that I did not know I had voting rights in this country. He said, “Get on with it and get yourself registered.” This explained to me that, in the UK, we were subjects, not citizens. It was as subjects of the monarch that we qualified. Since the monarch also ruled over the Empire, all subjects of the Empire were equally qualified to vote in the election.
As far as I remember, the notion of citizenship only came with our membership of the European Union. We began to talk of ourselves as citizens, and we had differently coloured passports and things like that. However, the muddle that the noble Lord referred to in moving his amendment is that we are not clear as to what entitles us to vote. Is it our status as subjects of an empire? Is it our status as local taxpayers, as used to be the case before the universal franchise came in? Is it residency? If there is ever another, better version of this Bill, perhaps the first part of it should clarify the status of an individual under which he or she is qualified to be a voter. Until the muddle is clarified, we will have to proceed with a compromised mish-mash of rights.
Baroness Suttie (LD)
My Lords, I also pass on my best wishes to the noble Lord, Lord True, for a speedy recovery. Having had it myself fairly recently, I can say that it is a horrible illness.
I want to move on to the question of Northern Ireland and speak in favour of Amendment 156 in my name, which the noble Baroness, Lady Ritchie of Downpatrick, has signed. It would ensure that EU citizens lawfully resident in Northern Ireland can continue to stand for election and vote in Northern Ireland district elections after the end of the Brexit transition period. It is primarily a probing amendment, however.
In the EU-UK withdrawal agreement, the UK Government committed, under Article 2.1 of the Northern Ireland protocol, to ensuring that certain equalities and human rights in Northern Ireland would continue to be protected after Brexit. Does the Minister—I appreciate that he is filling in at rather late notice—agree with the assessment of the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland that the Bill as it stands risks stepping back from those commitments and may in fact be in breach of the UK’s obligations under Article 2.1 of the protocol? Will he undertake to set out, either in response to this amendment or in writing following this debate, the Government’s assessment of the relevant provisions of the Elections Bill in the context of their conformity with our commitments under Article 2.1 of the Northern Ireland protocol?
Baroness Ritchie of Downpatrick (Lab)
My Lords, I am delighted to follow the noble Baroness, Lady Suttie, in support of Amendment 156. I also pass on my good wishes to the noble Lord, Lord True, for a speedy recovery. I agree with the thrust of the amendments in this group; as a democrat, I believe in a fully functioning democracy in which all residents are allowed to register to vote, exercise their mandate at elections and be candidates in elections. That is what a functioning democracy is about. Universal franchise is vital in a liberal democracy and should be one of the hallmarks of the UK—free, fair and unencumbered elections.
Amendment 156, in my name and that of the noble Baroness, Lady Suttie, deals with that specific Northern Ireland situation. It is a probing amendment. We seek to delete paragraphs 7 to 9 from Schedule 8, which would ensure that all EU citizens lawfully resident in Northern Ireland continue to be able to stand as candidates and vote in district council elections in Northern Ireland.
I was a councillor in Northern Ireland for many years, as was the noble Lord, Lord Dodds, across the Chamber. We valued our time in local government as a learning curve. Many of those who participated in those elections and many new residents in Northern Ireland would also value that participatory part of democracy, in voting in district council elections and having the ability to be a candidate. I can think of a colleague in Derry and Strabane District Council, who is originally from Kenya, and is now a serving councillor.
This section does not apply to British and Irish citizens; it applies to EU citizens who have arrived to reside in Northern Ireland since January 2021 and whose country does not have a reciprocal agreement with the UK. I remind your Lordships, and particularly the Minister, that this is in some ways reminiscent of the “I” voter situation in Northern Ireland, which was removed by the Elected Authorities (Northern Ireland) Act 1989, when everybody in Northern Ireland was granted universal franchise. I remind the Minister that elections and the right to exercise one’s franchise are very emotive issues in Northern Ireland. Please do not go down this road and create further problems with other EU nationalities and create barriers on the island of Ireland. It is highly important that that does not happen, because this is an emotive and politically charged issue, as it deals with EU citizens and excludes them; it could be perceived as a discriminatory provision.
The noble Baroness, Lady Suttie, referred to the equality and human rights commissions in Northern Ireland, which are concerned that this provision of the Elections Bill could contravene Article 2 of the Ireland/Northern Ireland protocol, which states that there must be
“no diminution of rights, safeguards or equality of opportunity”
provisions, as set out in the Good Friday agreement, resulting from the UK’s withdrawal from the EU. It could be perceived that this provision, within paragraphs 7 to 9 of Schedule 8 to the Bill, could contravene those rights under Article 2 of the protocol. If passed into law, this provision would create two new types of EU citizenship for the purposes of UK elections law—a qualifying EU citizen and an EU citizen with retained rights—in addition to the EU citizens who do not fall into either of these categories.
The right of EU citizens to vote in local district council elections in Northern Ireland was underpinned by EU law until the end of the transition period. I declare an interest as a member of the Protocol on Ireland/Northern Ireland Sub-Committee in your Lordships’ House. We have engaged with Minister Burns, a Minister for the Northern Ireland Office in the other place, on this issue and we have received a response. An identical response was received by the equality and human rights commissions.
In my humble view, so far in those responses the Government have still not set out in full their assessment of the relevant provisions of the Bill in terms of compliance with Article 2. Will the Minister do that today? If that is not possible, will he write? It is most important that that is done to satisfy the concerns of both commissions.
Further, will the Minister and his colleagues commit to meet both commissions in Northern Ireland, either via the Cabinet or the Northern Ireland Office, to discuss Article 2 provisions under the Ireland/Northern Ireland protocol and how this contravention and these issues can be addressed to ensure that there is a full, participatory democracy that excludes nobody and includes all?
Lord Shipley (LD)
My Lords, I will speak to Amendment 155A in my name, which would give the right to vote in local elections to all those liable to pay council tax to that authority. I agree with the noble Lord, Lord Holmes of Richmond, who spoke last week on an amendment concerning the right to vote in parliamentary elections for 16 year-olds who pay income tax. As he pointed out, there is an important principle: there is a connection between a requirement to pay tax and the right to vote. Mine is a probing amendment. Taken as a whole, this group raises the question of whether the key factor for the right to vote should be nationality, residence or liability for taxation—issues which the Bill does little to address.
The Minister will not need to be reminded of the events that took place 3,269 miles to the west of here on 16 December 1773, when a large number of tea chests were thrown into Boston Harbor in protest against the imposition of taxation without representation. Because my aim with Amendment 155A is to secure the right to vote in local elections for all those with an obligation to pay council tax, that would mean taxation with representation. The amendment takes as its starting point the position of those who are required to pay council tax but who cannot vote in the local elections that will decide how the money they pay is spent. There is a principle at stake here: it becomes almost an issue of consumer rights.
In some cases, notably that of EU citizens, a resident here before 31 December 2020 will keep their local vote. However, the right of EU citizens to vote in local elections following our withdrawal from the EU is being denied to those arriving after 31 December 2020, except where reciprocal arrangements or agreements are in place. The implication of this is that citizens of Spain, Portugal, Luxembourg, Poland, Ireland, Cyprus and Malta will be able to vote in local elections, but citizens of other EU countries or non-EU countries will not. Except that, if citizens of those other EU countries lived in Wales or Scotland, they would be able to vote in local elections, and indeed for elections to the Welsh and Scottish Parliaments.
Am I alone in finding all these differences very hard to justify? The decisions in Scotland and Wales seem to me to be eminently sensible, although they should go even further and extend the right to vote to non-EU citizens who are paying council tax in those countries.
I want to see the franchise widened and a connection clearly made between taxation and the right to vote. I hope the Minister will be willing to think further about the complications that the Bill will introduce across the United Kingdom. I wish that we were still a United Kingdom, but with so many different rules in different places, with different categories of the right to vote, it is getting far too complicated. My amendment might well solve the problem.
Baroness Meacher (CB)
I shall contribute briefly, following the contribution of the noble Lord, Lord Shipley, in support of Amendment 155A. I too fully support the principle of “no taxation without representation”. If the Minister is unable to support this amendment, I wonder whether he could explain to the House why the Government do not accept this incredibly reasonable principle. How can they not agree to that? I do not get it.
The complexity and confusion referred to by the noble Lord, Lord Shipley, will inevitably be caused by introducing different voting rights for EU citizens who arrived in the UK before 2021 and those who arrived in or after 2021, and for those have arrived from one EU country rather than from another. It seems that Scotland and Wales are extremely sensible, as they have managed to adopt residence-based voting rights. The case for a UK-wide approach on this issue is incredibly strong and the Government will need a powerful argument to deny it. I hope they are able to make a sensible decision and accept the amendment.
Viscount Stansgate (Lab)
My Lords, I add my name to those who have expressed their regret that the noble Lord, Lord True, is not in his place to respond to today’s debate. All I can say is that I wish him a good recovery. If he is watching us online, I do not know whether that will aid his recovery or delay it.
The noble Lord, Lord Shipley, and other Members, including my noble friend Lord Desai, have all identified that this is an important part of the Bill but it is a mess. It is really difficult to encapsulate what we are trying to talk about, but I wanted to intervene to make one point. One of the general principles that we should apply is that if you have the right to vote, however that is defined, then you should also have the right to be a candidate. You may say that that is a rather simple and obvious thing to say, but I shall give the Committee an example: between 1969 and 2006 we had a period where there were people with the right to vote but not to be a candidate. It is remarkable, really, that it was only in 2006 that the law was changed to allow people from the age of 18 to 21 to be a candidate as well as being an elector. I have good personal reasons for being very well aware of that fact. I wanted to introduce the principle that there is a good case for having a system whereby, if you have the right to vote, you can also be a candidate in the election in question.
Lord Scriven (LD)
My Lords, I also wish to speak in this part of the debate in Committee on these amendments.
I have to be totally honest with the Committee: when I was asked to be part of the team on this Bill, I was not an expert on elections other than that I had been a candidate and I had been the leader of a council and seen election officers’ work close up. As we have progressed through the Bill, some issues have become clearer but some have confused me even more as we have debated them. This is a part of the Bill that really confuses me. What is the basis of the electoral franchise in the UK? What is the platform that is easily understood by a citizen? This is an example of why electoral law needs to be simplified.
I want to deconstruct what that means in the terms of my noble friend Lord Shipley’s Amendment 155A. Let us take it down to ordinary citizens. In a local authority area, you could have someone who owns a holiday home, and so has an address there, but they never live there. They rent that accommodation out for 52 weeks a year, yet they have a right to vote there. They do not use the services and do not contribute other than in council tax. Another person lives there for 365 days a year, works in the local area and pays taxes, volunteers at the local food bank, is an upstanding member of the community and gets involved in litter picks, is an active citizen in the community, uses the bin service, wants to get involved in planning and is affected by planning policy, has friends who use social care, wishes to use the library—and library services are starting to charge—and uses all the local services but, because of either where they came from or when they came to the UK, they do not have a vote. Yet someone in that area who has no connection other than that they can purchase a holiday home can vote.
Lord Grocott (Lab)
I very much agree with the thrust of the comments of the noble Lord, Lord Scriven. In the light of that, would he apply a similar argument to the extension of the franchise, contained in a different part of this Bill, to some 2 million overseas electors who have not been in the country for 40, 50 or 60 years and do not pay taxes here? Does he agree that that is an oddity in our electoral system as well?
Lord Scriven (LD)
The noble Lord is just slightly ahead of me, because I was going to come on to that. I will answer his question, but I was just pointing out very clearly the inconsistencies in what happens at local level. I will then answer his question on the other issue with what I was going to say, because if the Bill passes in this form, we will have to consider that. Will the Minister explain in very simple terms, to somebody who is not an expert in elections but just an ordinary citizen, how that can be justified? There must be a sense of fairness as the basis for people voting at local elections.
On national issues, if the Bill passes, we could also be in the situation referred to by the noble Lord, Lord Grocott. Take somebody who has not been in this country for 50 or 60 years: they have no family here; they do not pay taxes here; they left when they were 18 and have never worked here. They will be able to vote. At the same time, there are some people who have been here for 20 or 30 years, who pay their taxes and work here, but because of their status, they cannot vote. Can the Minister explain how that would be perceived as fair and a good platform for our electoral process? It seems to me that this is an important matter. This is the whole basis on which people not just pay tax and are citizens but actually influence services and taxes that affect their very life by being resident here. But as the noble Lord, Lord Grocott, said, if the Bill passes, people who have not lived here for 50 years will have the right to vote and influence government policy, even though it does not directly affect them.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I wish to send my good wishes to my noble friend Lord True. I hope that if he has got Covid at all, he has it very mildly—he might think that preferable to another day on this Elections Bill Committee. I certainly wish him well, as I am sure we all do.
I made common cause with the noble Lord, Lord Wallace of Saltaire, on various occasions in the past, and I shall do so again when we get to Amendment 197 in group 6 on donations. However, I am afraid that I part company with him on this occasion, and I take a rather different—some might say old-fashioned—view.
I go back again to my Select Committee on Citizenship and Civic Engagement and some of the evidence that we got and lessons that we learned while going through that episode. As good citizens, we all have rights, but we have an equal and opposite number of responsibilities. Unless each of us understands the balance between those two things, our society might become fractured.
One of the things that most obsesses me about our modern society is the increasingly widely held view that to compromise is to show yourself as weak. Modern social media shows us with reinforcing messages that we are right—and we all want to be proved right—and has fed that view in a very bad way. But compromise is the oil that makes our society work, and without it, as I said, it will become fractured and tense. I am spending a few seconds on this because it shows what a highly complex matter it is to be involved in the detail of a country—the balance that needs to be struck and for which, for younger people, good citizenship education is really key and important.
Baroness Bennett of Manor Castle (GP)
My Lords, I offer Green support for the general trend of these amendments. I also join the rest of the House in wishing the noble Lord, Lord True, a quick recovery. I very much agree with the comments from the noble Lord, Lord Scriven, and disagree with the noble Lord, Lord Hodgson. If someone is here contributing to society and is a part of this community—maybe that is only for 20 or 30 years and maybe they will eventually go back to the country they came from, to care for their elderly parents or another reason—they should have a say. They have chosen to make this their home and we should recognise that with the vote.
It is really interesting if we look at the overall context of the Bill—and I very much agree with the comments of the noble Lord, Lord Wallace, about the general sense of confusion and the lack of a real sense of clear direction—that where there is a sense of direction, it is utterly the wrong direction. As we were talking about with voter ID and offering a positive alternative of automatic voter registration, we have seen a trend over centuries for more and more people to have the right to vote. Yet, what we have done right now with the Brexit situation and with the rules as they currently are with the Bill without these amendments is that fewer and fewer people are having the right to have a say. That is a diminution of what democracy we actually have.
I very much agree with the comment from the noble Viscount, Lord Stansgate, that if you are able to vote, you should be able to stand. There is a really interesting case study related to that of the kind of tangles that electoral law can get itself into. Between 1918 and 1928, there were certain groups of women who could stand but not vote. The Parliament (Qualification of Women) Act 1918—with 27 words, it is the shortest law on the statute book—created a rather strange tangle where women were able to stand, and indeed some women did stand, when they could not vote for themselves. That really is an illustration of how you can get yourself into a mess when things are not properly thought through.
I have some very specific questions. I am aware that the Minister has kind of been landed with this, so I entirely understand if he might wish to write to me later. One of the things that perhaps many of us in your Lordships’ House do not think about very much is that there is another reason to be on the electoral roll beyond voting: being on the electoral roll is good for your credit rating and improves your access to credit. I will confess, it is something I have used many times on the doorstep to encourage people to go on the electoral roll. One of the things we will do with this current change is to make access to credit more difficult for some people, such as EU citizens who do not qualify for the vote. As we are seeing with all these complications, I wonder whether the Government have really looked at this situation and considered whether it is appropriate to allow that to continue when we are randomly taking that right away from people.
We have already heard very clearly laid out from a range of noble Lords, particularly the noble Lord, Lord Shipley, and the noble Baroness, Lady Ritchie, all the complicating factors about whether you are allowed to be on the electoral roll or not. Are the Government confident that they have given full and clear instructions to all the local authorities in the land to ensure that they are able to implement this effectively? Are people on the roll rightly when they should be? With local elections coming up, I am sure all of us, except perhaps the Cross-Benchers, know people who are out now knocking on doors and talking to voters and potential voters. Is there a place where the Government have set this all out very clearly so political campaigners out encouraging people to get involved can find out who is eligible to vote and who is not? That would be a very useful practical resource to have.
This is something that has just occurred to me as we have been going through the debate: I imagine that to vote when you do not have the right to vote is an offence. Are the Government going to provide directions to acknowledge that some people, with the best will in the world and no ill intention, will end up voting in this coming and future elections when they do not have the right? I think people in that situation should be protected, given the complexities that we have all just heard outlined.
I will briefly make two other specific points. On an earlier group, the noble Lord, Lord Wallace, I think, noted how Scotland has given refugees the right to vote. Given the situation that we see in a world with more and more refugees, and as we will, I hope, welcome more refugees here, I wonder whether the Government have considered that.
I declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong. Of course, BNO passport holders have the right to vote, but their children will not—so it could literally be that someone who was born in Hong Kong on a certain day has the right to vote, but a person born there one day later does not. So have the Government considered the situation of the children of BNO passport holders who have come here with their parents now? The Government have said that they are looking to allow, from September, the children of BNO passport holders to come on their own—so might that not be another group to consider?
Since I have just introduced several other layers of complexity, is not the obvious situation to base this right to vote on residence? If people have made themselves part of the community and contributed to it, that should be the basis of the right to vote.
Lord Dodds of Duncairn (DUP)
My Lords, I will speak briefly to Amendment 156 in the names of the noble Baronesses, Lady Suttie and Lady Ritchie of Downpatrick. I too extend my best wishes to the Minister, the noble Lord, Lord True, for a speedy recovery.
This amendment is specifically to do with Northern Ireland, and its basis rests on an interpretation of Article 2 of the Northern Ireland protocol to the withdrawal agreement. The ability to stand for election and vote of EU citizens who were resident at the end of the transition period—or the implementation period, as it was called—on 31 December 2020 is clearly preserved. There is no argument about that; it is set out and is the legal position. So we are talking here about EU citizens who arrived in the UK—or Northern Ireland—after that. I understand that this is a probing amendment, but it is worth pointing out that EU citizens who have arrived since 1 January 2021 will move to a position whereby voting and candidacy rights are granted where there is an agreement with the European Union member state that they came from—they are preserved on a bilateral basis. That is the normal accepted position.
There has been a reliance on an interpretation of Article 2 of the protocol, and a lot of claims are made, appealing to not just the letter but the spirit of the Northern Ireland protocol, with all sorts of extravagant positions that would otherwise not be deemed to be rational or even democratic. People talk about taxation with no representation, and laws are now made over vast swathes of the economy of Northern Ireland, despite no Member of the Northern Ireland Assembly, for which elections will take place on 5 May, or of this or the other House being able to have any say or vote on them. People are running for election to the Assembly in Northern Ireland to make laws for Northern Ireland, yet, in vast swathes of the economy, they have no powers whatever—those laws are imposed on them by the European Union on a dynamic basis, in over 300 areas of law. In a modern 21st-century democracy, that raises severe problems about the democratic deficit.
I return to this particular amendment. Article 2 of the protocol confers no right on Northern Ireland citizens to have voting rights in an EU member state in which they choose to reside. Therefore, it would seem bizarre to argue that it confers rights on EU citizens to vote in Northern Ireland district elections—that seems totally incongruous and spurious, and it is a wrong-headed argument. For that reason, I would obviously oppose that amendment if it is pressed.
Lord Collins of Highbury (Lab)
My Lords, I too wish the noble Lord, Lord True, a speedy recovery and a quick return to duty, hopefully in time for Report. I am sure that the noble Earl would be pleased by that.
This has been a very good debate, because it has focused on broader issues of principle which we need to probe the Government on. The noble Lord, Lord Wallace, is absolutely right, as we have said at a number of stages, that this Bill represents missed opportunities. It is not so much what is in it as what is not in it that has been a problem. I am sure that the amendments which we have tabled will be considered. If they are not in this legislation, we will return to these broader issues of principle. The one thing that we would have all hoped for in terms of that right to vote is clarity, which we do not get here for all kinds of reasons, not least legacy reasons. Noble Lords have spoken about the complications that we will now face which we had not faced previously, not least that we will have some EU citizens with the right to vote and some without the right to vote, based on when they arrived—an arbitrary date as far as they are concerned.
Of course, the principle that we have sought to highlight in our amendment is what sort of qualification would make sense, would be clear and would be easily understood. We bandy terms such as “no taxation without representation” around, but lots of people who should be perfectly entitled to vote do not pay tax, particularly council tax. Residency is an important principle and perhaps the missed opportunity that this Bill could have addressed more properly, not least because of that legacy. I am not arguing at all for a change in what happened in the Brexit vote. We have left the EU. However, there is a legacy that we must consider there, particularly on people who have made their home here.
I must declare an interest, not least because in my household, with every general election that comes around, we are denied the right to vote. I wish we could vote but we cannot. My husband has lived here for 27 years; he has been a taxpayer, a national insurance payer and a council tax payer. He is a member of the Labour Party, has campaigned for candidates and has voted in every local election that he has been permitted to. The legacy of that will continue. The complication is that it will not apply to other EU citizens who establish the right of residency, who work here and who pay tax here. After a certain date they will not have that right to vote. It causes unnecessary complication.
Throughout this Bill I have readily agreed with the noble Lord, Lord Hodgson, particularly on citizenship education—and by the way, citizenship education should not be limited to citizens of the United Kingdom. The rights and responsibilities of living in this country should be understood by all who live in this country, and we would create a much safer society if we undertook that responsibility. That is why we should consider a right to vote based on the clear principle of residency. Maybe we will not have the opportunity in this Bill. The noble Lord, Lord Hodgson, said that people who just pop over here should not have the right to vote. However, because of our legacy as an empire and our legacy in terms of the Commonwealth, it is a bit ironic that a student from Australia on an overseas experience visa can land in this country and get the right to vote, but my husband, who has been here for 27 years and paid tax, does not. It does not really make sense.
This is, sadly, a missed opportunity. Amendment 156, in the name of the noble Baroness, Lady Suttie, and my noble friend, deals with precisely that issue: instead of clarity we end up with confusion, with some people having the right to vote and others not, but both having the right of residency and to work and pay tax and national insurance. This country will have to consider that at some stage, if not now. I hope the Minister will understand why we have tabled our amendment. I agree with the noble Lord, Lord Wallace, that this is a missed opportunity. I am sure none of these amendments will be agreed to, but I hope that the principle we are trying to establish will be considered in the future.
Earl Howe (Con)
My Lords, I begin by conveying the regret of my noble friend Lord True that he is unable to be in his place today because of illness. As a result of his indisposition, the Committee finds itself with a deputy Minister in the shape of me. That is a privilege for me, but I am only glad that I am so ably supported by my noble friend Lady Scott in this endeavour.
My Lords, this group of amendments deals from various perspectives with the voting franchise in the context of UK national elections. I hope that I can be of help to noble Lords in setting out the Government’s approach to this issue and the logic that lies behind it. I was grateful to my noble friend Lord Hodgson for what he said in connection with Amendment 152, which I shall begin with.
The purpose of Amendment 152 is to require the Government to allow EU citizens to vote in UK parliamentary elections. It may be helpful if I explain our policy position on this. Our policy has always been that after our exit from the EU there should not be a continued automatic right to vote and stand in local elections solely by virtue of being an EU citizen. The provisions in this Bill are based on two main planks: first, to respect the existing rights of those who chose to make their homes in the UK before the end of the implementation period; secondly, to look to retain rights on a bilateral basis where possible.
Amendment 152 would extend the parliamentary franchise to EU citizens where no such rights previously existed. In a similar vein, Amendment 156 seeks to allow EU citizens to continue to vote and stand in local elections in Northern Ireland. Those who are nationals of an EU member state have never been able to vote in UK parliamentary elections by virtue of their EU citizenship. If an EU citizen becomes a British citizen, they will be eligible for the parliamentary franchise from that point.
The Government stand by their commitment to EU citizens resident before EU exit, and the Bill ensures that any EU citizen who was a resident before the end of the transition period on 31 December 2020 and who has retained lawful immigration status will retain their voting and candidacy rights in England and Northern Ireland. This goes beyond our obligations in the withdrawal agreement. EU citizens who arrived after the end of the transition period will move to a position whereby local voting and candidacy rights rest on the principle of a mutual grant of rights through voting and candidacy rights agreements with individual EU member states.
On Amendment 156, the noble Baronesses, Lady Suttie and Lady Ritchie, and the noble Lord, Lord Dodds, referred to the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland. As was rightly said, both those commissions have sought clarification on EU voting and candidacy rights in relation to the Northern Ireland protocol. The UK Government’s position is very clear and has been explained to both commissions. Removing voting and candidacy rights from EU citizens arriving in Northern Ireland after the implementation date does not run counter to article 2 of the Northern Ireland protocol.
Article 22 of the Treaty on the Functioning of the European Union confers a right to vote and stand as a candidate in municipal elections only in respect of EU nationals who are resident in another member state, having exercised their rights of free movement and residence. As the UK is no longer a member state, EU citizens self-evidently no longer enjoy the right to reside here, so the ancillary article 22 right to vote and participate in municipal elections is no longer applicable to it in this context. This is entirely consistent with part 2 of the withdrawal agreement, “Citizens’ rights”. I hope that is helpful.
I submit to your Lordships that the Government’s approach is a sensible and fair one, whereby established rights are recognised while moving to new bilateral agreements with individual nation states in the EU. I am afraid, therefore, that the Government cannot accept either of these amendments.
Amendment 155 is intended to extend the parliamentary franchise to foreign nationals with certain types of immigration status in the UK. The right to choose the next UK Government is rightly restricted to British citizens and those with the closest historical links to our country. In this respect, the UK is in line with international norms. Citizenship is the normal criterion for participating in national elections in most democracies, including the UK.
Amendment 155A in the name of the noble Lord, Lord Shipley, proposes to enfranchise all who pay council tax in the relevant local authority area. Taxation has never been the basis for representation in the UK in modern times. There is a long-standing principle in the UK, as originally recommended by the Committee on Standards in Public Life in 1998, that those who do not pay income tax, such as those earning less than the tax-free personal allowance, rightly remain entitled to vote. Similarly, full-time students are legally exempt from paying council tax but still have the right to vote in local elections. So, I submit that that connection between taxation and voting does not exist. The Government hold to that principle and therefore cannot support Amendment 155A.
The noble Baroness, Lady Bennett, asked me a number of questions. I will arrange for a letter to be sent to her, but I will comment on her point about credit scoring and being on the electoral roll. The noble Baroness is, of course, not wrong in pointing out that credit reference agencies use the electoral roll to enable lenders and other service providers to confirm someone’s identity. However, it is true to say that lenders look at the entirety of the information on a person’s credit side, as well as other factors, to decide whether to lend to somebody. Lenders and other providers of financial services can ask for other forms of identity and confirmation.
The noble Baroness also asked whether we were taking steps to inform local authorities about the measures being taken. The Government are very conscious of the competing priorities that local authorities have and, particularly, electoral registration offices, both in relation to their business as usual activity and in the new activity that will be conferred by the Elections Bill. We are committed to working closely with the electoral community throughout the development of secondary legislation and implementation planning. We will commit to funding all new burdens incurred by EROs as a result of implementing this policy, as is customary.
Baroness Meacher (CB)
Before the Minister sits down, he rightly said that taxation has not historically been used as a justification for the right to vote, but have the Government actually looked at it? In the context of a Bill that will supposedly rationalise and make sense out of our electoral system, have the Government looked at the idea that taxation would be a good, sensible rationale for the right to vote—at least at local elections, where it would be a lot more straightforward than national elections?
Earl Howe (Con)
My Lords, I understand where the noble Baroness is on this. I think one has to distinguish national elections from local elections, and the rules do so in respect of the various categories of individuals who live in this country. To answer her question directly: the Government have looked at this issue and we do not believe that a change is warranted. As I say, we do not deny the vote to those who happen not to be earning. Equally, we do not grant the vote, in general elections, to foreign nationals who happen to pay council tax. I think there are good reasons for that.
Lord Shipley (LD)
Before the Minister sits down, can I clarify what he has said about liability for payment? My Amendment 155A relates to the liability to pay council tax. Where people are excused, they might otherwise be liable to pay council tax but, because of government legislation, they have been excused the need to do so. I make the point that although I planned this as a probing amendment, I now realise we have a much bigger issue to address, and we will need to discuss this further on Report.
Baroness Deech (CB)
My Lords, may I point out one other anomaly? I imagine everyone in this House pays tax, and yet we do not have the vote. I think that is really rather unfair and hope to see that rectified.
Lord Wallace of Saltaire (LD)
My Lords, this has been a very useful debate, which has yet again exposed how unco-ordinated and ill thought through this Bill is. I strongly agree with what the Minister said: local elections are different from national elections. Indeed, in the late-night debate we had last week on overseas voting, it was pointed out that overseas electors are allowed to vote in our national elections but not in our local elections. If there is a good, rational argument for that, then there is an equally strong argument why long-term residents in Britain should be allowed to vote in local elections but not in national elections. If one were to think these things through, and clearly the Government have not, we would be moving in that sort of direction.
Similarly, if we had automatic voter registration, the complexities of residents and non-residents would be clearer. Incidentally, the logic that says overseas electors are not allowed to vote in local elections because they no longer have any connection with the local area goes completely against the logic that they should be allocated to constituencies, which they have lost touch with over the decades since they were in Britain. That is why I put down the amendment on the creation of overseas constituencies, but that has not been thought through either.
We all understand, as someone said to me at the weekend, that the Bill is driven by staff in No. 10 who are above all concerned with increasing the chances that the Conservatives win the next election. One of the strongest arguments for prioritising overseas voter registration over other categories is that they are thought to be more likely to vote Conservative.
Earl Howe (Con)
I am grateful to the noble Lord for allowing me to intervene. As I understood it, it was official Liberal Democrat party policy to scrap the 15-year rule that has existed up to now on overseas voters. Can he confirm that that is the case, because that is what the Bill does.
Lord Wallace of Saltaire (LD)
Yes, and to create overseas constituencies. I am looking at the noble Lord, Lord Altrincham, who was deeply shocked to be told by the noble Lord, Lord True, in a meeting a few weeks ago when he recommended the creation of overseas constituencies on the French model that that was Liberal Democrat policy. I hope he has now recovered from the shock.
There are tremendous problems with the Bill and the failure to connect all these dimensions. We will come in the sixth group to one of the other reasons why the Conservatives want to push ahead with extending the rights to overseas voting without thinking through the other dimensions of it, which the Liberal Democrats have thought through—the expectation that, once overseas voters are on register, they will be able to increase the systemic advantages—
Lord Grocott (Lab)
I am grateful to the noble Lord, Lord Wallace, for talking about people thinking through the consequences of legislation, and of amendments. I remain puzzled by the Liberal Democrat policy that these 2.5 million additional people, who have never lived in this country, other than maybe for a very short time when they were very young, and who do not pay taxes into or own property in this country—not that that should be a qualification to vote, of course—must now be given the right to vote, should they choose to do so, in British general elections. There are lots of ramifications that the noble Lord has not thought through.
Lord Wallace of Saltaire (LD)
There are lots of ramifications that we have discussed extensively. I am happy to discuss them with the noble Lord off the Floor. What I am objecting to is dashing ahead with this without the creation of special constituencies and a number of other things that would begin to match the demand for them to come in.
The noble Lord, Lord Hodgson, might be disappointed to hear me say that we do not disagree on very much. I strongly agree with his emphasis on citizenship. The badge of a liberal democracy is active citizenship. One of the things that most concerns me about the drift of politics and legislation in this country is that we are heading towards a much more passive model of citizenship and a much more populist model of democracy. That is another thing to which, in broader terms, we must at some point return.
For the moment, having recognised that the Government have not worked out what they want on all this, and that they have inherited a tangle of historical rights to vote and denials of the right to vote, I am happy to withdraw my amendment. I hope this might just possibly be one of the issues we will discuss between Committee and Report.
“Members of the House of Lords: voting at elections to the House of Commons
(1) Notwithstanding any other provision of law, a member of the House of Lords is not disqualified by virtue of that position from voting at elections to the House of Commons.(2) This section comes into force 24 months after the day on which this Act is passed.(3) This section extends to England, Wales, Scotland and Northern Ireland.”
Lord Dubs (Lab)
My Lords, it is with great pleasure that I speak to Amendment 153 standing in my name and that of the noble Lord, Lord Naseby. On his behalf, I express his regret that he is not able to be here today. He is away on urgent matters, but I am sure he will be here at later stages of the Bill if we need to debate this again.
There is a very simple proposition in this amendment: that Members of this House should be entitled to vote. That is an argument that has gone on for many years. Indeed, I traced it back to 1699, thanks to the excellent report from the House of Lords Library, but it may have started even earlier. They have done a good job. They produced that report when I put forward a Private Member’s Bill on this subject. It passed this House, but I will come on to what happened to it when it got to the House of Commons. The noble Lord, Lord Naseby, also put forward a Bill, but his was talked out. He and I are united in our wish to see progress on this matter.
The situation is anomalous. Part of the debate on this amendment has been covered in that on the previous amendments. I could have extracted some quotations in support of this if I had been quick enough to write them down. Members of this House can vote in local elections. We can vote for the devolved Administrations. We can vote in referenda. Previously, we could vote in European elections. It seems anomalous that there is one election in which we cannot vote. It is quite difficult for local government returning officers to know that we are not entitled to vote when they prepare the electoral list, as we are there for other things. I have never quite understood how they discover that we are Members of this House—they are clever people. At any rate, mistakes are sometimes made. Historically, Members of this House have voted and then there has been a bit of a row about it, because they were on the voting list and were not excluded from voting in parliamentary elections. It is an anomaly.
It is also an anomaly that Members on the Bishops’ Benches can vote. Though they may not exercise their right to vote for other reasons, they certainly have it. If we look abroad, United States Senators can vote for Congress, which seems fairly parallel to the position we are in. Indeed, according to that excellent House of Lords Library report, of the 189 countries in the Inter-Parliamentary Union, the United Kingdom is the only country in which members of the second chamber cannot vote in general elections for the first chamber. We are the only country, yet some of the arguments against must apply elsewhere.
I agree that most of the British population are not aware of this. Indeed, when I talk to friends, I have to remind them that I am not allowed to vote when it comes up in conversation. I am fully aware that the masses who sometimes demonstrate in Parliament Square are not going to assemble there to support our right to vote. However, not every change in this country has to be the subject of enormous demos, much as I enjoy some of the demos and have been on them—that was a debate we had on the police Bill, and it is not appropriate today. The fact is that this is still an anomaly.
In preparing for today’s debate, I had to remind myself of some of the arguments against. There was a debate in 1936. It was introduced by a predecessor of a Member of this House, Lord Hailsham, and the proposal for reform was put forward by Lord Ponsonby, whose son is now in this House, so there is a tradition in this. They had a much longer debate than we will have today, I trust, for the sake of the Front Benches on both sides. The then Lord Chancellor, Lord Hailsham, said in talking about reform that
“it is not a wise thing to attempt to deal with a problem of this character piecemeal because, inevitably, you would get questions the answers to which might affect the attitude which your Lordships would take with regard to one particular proposal and the attitude you were going presently to take with regard to some other proposal on the other side of the picture.”
That is quite a complicated sentence, but I think it means he is against piecemeal reform. It is arguments against piecemeal reform that have bedevilled discussion on this.
I do not understand the argument why opposing piecemeal reform is a good thing. In our British tradition, pretty well all reforms are piecemeal, even from people who are on the political extremes. We normally progress piecemeal; we do things stage by stage. The argument that everything should be done in one go seems rather weak. I cannot resist quoting from the reply by the previous Lord Ponsonby. Admittedly, the proposition at that time was twofold: that we should have the right to vote; and that Members of this House should be entitled to stand in House of Commons elections. I would not suggest that at all, and most of the debate was about that second point: Members of the Lords being able to stand in House of Commons elections. Lord Ponsonby of Shulbrede made this comment:
“It is perfectly absurd to say that this is a matter of the reform of the House of Lords or reform of the House of Commons. It is, if I may respectfully say so, an old trick of the noble and learned Viscount”—
that is, Lord Hailsham—
“to use a magnifying glass in order to make a mole-heap into a mountain and then all the more easily to destroy it.”—[Official Report, 12/2/1936; cols. 568-73.]
I liked that phrase, so I had to bring it in somewhere into our debate today.
Lord Cormack (Con)
My Lords, I generally agree with the noble Lord, Lord Dubs. He makes some extremely powerful speeches in this House and when he is talking about refugees, I am generally 100% behind him. But I do oppose this amendment, and I oppose it for one simple reason that I will put before your Lordships very briefly: we do not have the vote because we are permanent Members of Parliament. It is as simple as that. United States Senators are not permanent members of the Senate: they come up for re-election on a rotating basis every six years. We do not.
There is another argument to be had. I am personally—and your Lordships know this—in favour of a non-elected second Chamber. I am in favour of that for many reasons, including the gridlock that would inevitably emerge if there were two elected Chambers. But that is not what we are debating this afternoon. We are permanent Members, we are here, and it is for that reason and that reason only that we do not vote for the other House: because we have this permanent responsibility. Whatever the result of the next general election—in 2024, 2023 or whenever it happens—we will still come back here. That is the reason why it is illogical and unnecessary to argue that we should have a vote in general elections. It would make absolutely no difference to the result, because even if everybody in your Lordships’ House cast a vote around the country, you are talking about significantly fewer than 1,000 votes—I wish we were talking of no more than 600 but that, again, is another issue.
So, I hope we can move on quickly and stick with the Bill in this particular phase as it is. Like others, I send my warm good wishes for the speedy recovery of my noble friend Lord True, and I assure my noble friend Lord Howe that he has my total support on this issue.
Baroness Jones of Moulsecoomb (GP)
My Lords, I came into this Chamber absolutely not caring about the outcome of this—I was waiting for subsequent groups. But actually, having heard both speeches, I totally agree with the noble Lord, Lord Dubs. In spite of all the respect and affection I have for the noble Lord, Lord Cormack, I cannot see that what he said makes any difference at all. So what if we are permanent? We come and go, we do not always survive very long here, we can retire or die, so I do not see the relevance of what he is saying. And, of course, he pointed out that if we all voted it would not make any difference. We all have our views and we all vote in other ways in other elections, so I salute the noble Lord, Lord Dubs, for his thorough examination of this problem and I completely support him. I had never given it a thought before—I had not minded about not voting, but now I do.
Lord Horam (Con)
My Lords, I am sure we all hope that the noble Baroness, Lady Jones, lasts for a long time in this House. She is a great asset to this place, particularly given the brevity and pointedness of her speeches. I have to say that I agree with my noble friend Lord Cormack, because there is no doubt that he is constitutionally absolutely correct—and he has the better argument.
However, the noble Lord, Lord Dubs, hit firmly on one point in his speech: in the registration document which we all have to fill in to vote in local elections and so forth, often, there is no category for “Lord”, “Lady” or “Baroness”. I do not know what other Members’ experience has been, but I had some difficulty, living in Hammersmith and Fulham, filling this in. I rang up the registration office and said, “I can’t vote in national elections—are you aware of this?” They said, “There is no category on the computer that allows for this, so we will have to put you down and just rely on your native honesty that you do not actually vote”. Well, I can assure the House that I am an honest person, as are all its Members. None the less, there is a discrepancy and a difficulty here, and I hope the Minister can draw it to the attention of others.
Lord Rennard (LD)
In the six general elections since I have been a Member of this House, I have always found people to be very surprised that I was unable to cast a vote in them, even though I campaigned in all of them. They find it ironic that I have been campaigning for my party, and its predecessor the Liberal Party, for some 49 years, but I now no longer have a say on who will be the Prime Minister of the country.
Like the noble Lord, Lord Dubs, I am not an opponent of piecemeal reform of this House; I am actually rather in favour of radical reform, and quickly. However, if we had objected to piecemeal reform, this place would be the same as it was in the 19th century. All the progress on reform of your Lordships’ House has been piecemeal, and this amendment would also be an example of piecemeal reform. The principle of the amendment moved by the noble Lord, Lord Dubs, was debated extensively when it formed the basis of two recent Private Members’ Bills, and there was a clear logic to the proposition. The Parliament Acts of 1911 and 1949 ensured that Peers lost the power of an absolute veto on legislation, or to determine any financial measure. As Peers, we have no opportunity to vote at a general election to help decide who becomes Prime Minister. Therefore, in those debates on the Private Members’ Bills, I supported the principle of Peers being able to vote in general elections, but I also emphasised that it is not my party’s immediate priority. There are many measures in this Bill which may have considerable impact on future elections, but this is not one of them. As the noble Lord, Lord Horam, pointed out, if membership of the House were evenly distributed across 650 constituencies, there would, on average, be one extra voter on top of some 73,000 others. Therefore, it would be unlikely to make a great deal of difference to the election outcome—although it was of course Churchill who said that “one vote is enough”.
The issue we are debating is really one of principle. As an issue of principle, it is ironic, in my view and that of my party, for any Peer to argue for their right to vote in general elections without also arguing for the right of our country’s voters to have a say in who becomes a Member of this House. There are other priorities. Before we argue for our right to vote in general elections, we must address the problem of 9 million people being missing from or incorrectly recorded on the electoral registers. Our last debate showed that there is a real need to address major inconsistences in the right to be included in our electoral registers. For these reasons, we support this amendment but, while it is logical, it is not our priority.
Lord Desai (Non-Afl)
My Lords, one of the things which today’s debate has proved is that logic has never been the basis of enfranchisement in this country or of its constitution. The constitution is what it is because of the way it has developed. As far as the logic is concerned, let me try this. The weight of my vote to elect someone to the House of Commons may, theoretically, be one in 73,000, but in rejecting government legislation it is one in 800—or, given how many noble Lords are present, one in 400. When I was asked to come here, I had a choice. I could have said, “No, I am not coming to this place because I would lose my right to vote”. I chose to come here and that is a very big sacrifice because, as noble Lords have said, we are here for life. Of the 193 upper Houses to which the noble Lord, Lord Dubs, referred, not one is unelected, although maybe a few people in them are unelected. However, we are unelected and, therefore, we are here.
Lord Desai (Non-Afl)
They follow us, which is quite nice; they are part of the Empire. I would rather that we be removed from here and replaced by elected Members—this is the futile movement for which I have fought all these years. However, the privilege of being legislators for life is so great that we must make a small sacrifice for it. Not being able to vote at a general election is one such small sacrifice.
Baroness Quin (Lab)
My Lords, I did not speak on the Bill on Second Reading, because I was not able to be present, although I have followed debates very closely on a number of issues. I would like to ask the Minister a couple of questions on this issue. My noble friend Lord Dubs, in his persuasive speech, certainly convinced me that it needs to be looked at in the light of two things in particular. First, he mentioned that Bishops were able to vote, which I was surprised at. That means Bishops who are Members of this House can vote in parliamentary elections.
Lord Cormack (Con)
Bishops are here for only a brief period. Some of them are here for five, six or seven years. One came in a few months ago and will be gone by the end of this year. They are not permanent legislators.
Baroness Quin (Lab)
None the less, while they are Members of this House, it seems rather odd that they are allowed to vote in parliamentary elections. Indeed, the noble Lord, Lord Cormack, leads me on to the second point, which is that we are able these days to take retirement from the House of Lords, and many people have done that. I am sorry that I do not know the answer to this, but is it possible for those who are no longer active Members, and are not able to speak or vote in the House, to vote in parliamentary elections? If not, that is surely an anomaly that needs correcting. The Government should look at this issue again, in the light not only of the speech by my noble friend Lord Dubs but of the anomalies that exist and seem odd in the current situation.
Lord Sherbourne of Didsbury (Con)
My Lords, I support the noble Lords, Lord Dubs and Lord Rennard. I am not going to repeat the arguments; I support them, and the House has heard them. This anomaly can be dealt with without opening the Pandora’s box of reform of the House of Lords. I spoke in support of the Private Member’s Bill of the noble Lord, Lord Naseby, and I heard the then Minister’s answer. I do not want to be too presumptuous, but I think I can hear the Minister’s response already, with all the same arguments rolled out. I simply ask him one question: what is the practical downside of accepting this amendment? What is the danger? What is the risk?
Lord Redesdale (LD)
My Lords, I also apologise for not speaking on Second Reading; I was unable to. I was not planning on speaking in this debate, but the noble Lord, Lord Cormack, raised the point of some of us being here permanently. I have been here a mere 30 years, but I cannot actually see the fact that I have been here 30 years as a legislator making that much difference to the country. I would love to say that being a Back-Bench Liberal Democrat is the bedrock of our whole system, but I cannot really put that forward. When I came here, it was the mantra that only Lords, lunatics and criminals could not vote, but that is no longer the case—though it depends on what bracket you put us in.
I have one question for the Minister. I am standing as a candidate in the local election, and my wife is standing as the agent for the Liberal Democrats in Islington. The complexity of the forms you have to fill in, with the understanding of the minutiae and detail, is incredibly difficult. What is the cost to the country of us being taken off the electoral register? Everybody has to be trained; it has to go through the whole system; it has to be part of the process. The cost is not insignificant for 800 people to be treated in a different category. Of course, it goes into a number of different areas. If the Minister could give us an indication of just how much our privilege of being taken off the register, so we can carry on with this view that we are a permanent part of the process, would cost, and whether that is worth it, I would be very interested.
Lord Rooker (Lab)
My Lords, I have a question—and I did not come in to speak either. Since I have been a Member of this House, which is 20 years, there is at least one Member—I think only one—who was here when I arrived, subsequently got elected to the other place and is now back here. Yes, he is here today. At the time that he left this place and got elected to the other place, was he able to vote in the election he stood in? I am not sure what his status would have been.
Lord Collins of Highbury (Lab)
My Lords, we talk about piecemeal reform, and changes to this House have not necessarily been a result of legislative change or even reform. I have mentioned in previous debates the excellent book by Antonia Fraser about the debate on the Great Reform Act 1832. What I found most fascinating was that most Members of the House of Commons were sons of aristocrats and were put there by their fathers to have proper training to come into the House of Lords. Of course that was in the days when the powers of this House were great, as noble Lords have mentioned.
What recently shocked me even more—and I have cited this too—were the diaries of “Chips” Channon, who, when he was writing pre-war, leading up to the 1938 Munich debacle, mentioned that most of his friends in the House of Commons were sons of aristocrats who eventually ended up in this House. I hope things have changed. Constitutionally, things have radically changed, quite rightly, in the powers of this House, which can no longer challenge the democratic mandate of the House of Commons. The question is not simply about whether we are here for life or not; it is about what we do here. Even where we have particular circumstances of power, I am one of those people who would not use it to challenge the democratically elected House of Commons.
My noble friend made a very powerful case, and the point that struck me was that not many people in the public out there are aware that we have not got the vote. I remember campaigning in the 2017 election and a young, radical activist stopped me and asked if I had voted yet. When I explained I could not vote for Jeremy Corbyn, she nearly issued an internal disciplinary notice. Once I had explained, I was eventually forgiven. But I think it is a point worth making that most people assume that everyone in this country has a free and fair democratic right to vote, and it just seems ridiculous that we do not.
Earl Howe (Con)
My Lords, this amendment from the noble Lord, Lord Dubs, who is joined on the Marshalled List by my noble friend Lord Naseby, brings us to a topic on which each of them has tested government policy on a number of occasions in the past, including, as I recall and as the noble Lord, Lord Dubs, mentioned, through my noble friend’s Private Member’s Bill in 2019. On the latter occasion, my noble friend Lord Young of Cookham set out the Government’s response, and I therefore hope it will not come as a shock to the noble Lord, Lord Dubs, that my response today bears an uncanny resemblance to the one given to the House previously.
I understand and respect the case that noble Lords have articulated on this issue. However, I am afraid it is not a case I can accept, and the reason is clear and straightforward and was well articulated by my noble friend Lord Cormack. Noble Lords will be aware that although, as the noble Lord, Lord Collins, rightly said, the role of this House has changed over time, our place in Parliament still gives us a position of influence not held by other citizens. My noble friend Lord Sherbourne asked what the downside would be of accepting the amendment. Enfranchising noble Lords to vote in general elections would give Peers two ways of being represented in Parliament. Members of this House have an opportunity to debate and vote on legislation. To provide a vote for Peers in UK parliamentary elections would undermine the principle that all citizens are equally represented in politics.
Baroness Jones of Moulsecoomb (GP)
Is that not true of MPs? Why should they be allowed to vote? They have two grabs.
Earl Howe (Con)
When Parliament is prorogued for a general election, MPs cease to be Members of Parliament. They therefore become ordinary voters, if I can put it that way.
In our democracy, everyone should have a voice, but the Government’s view is that Peers who are Members of this House have that by virtue of their participation in this Chamber. That principle has been upheld for more than 300 years, including by the courts. It has not altered over successive Governments: in fact, in the debate on his Private Member’s Bill nearly three years ago, my noble friend Lord Young reminded the House that, as recently as 1999, Section 3 of the House of Lords Act explicitly enfranchised hereditary Peers who are not Members of this House and disfranchised Peers who are.
The noble Baroness, Lady Quin, asked whether Peers who have retired from this House have the right to vote. My understanding is that they do, because they ceased to be parliamentary Peers at that point.
The noble Lord, Lord Redesdale, asked about the cost of taking parliamentary Peers off the register. I doubt that that cost has been computed by anybody—of course, there must be a cost—but it is a very considerable privilege that we as Peers have, and I for one would argue that it is not unreasonable for that privilege to carry a public cost.
Lord Cormack (Con)
Of course, we are on the register and can vote in every other election, including local government elections, referenda—the lot.
Earl Howe (Con)
I think the point made by the noble Lord, Lord Redesdale, was that a distinction must be made on the register between different types of election, and that that carries a cost; he can correct me if I am wrong in assuming that.
This House is a respected voice that adds depth and, I hope, wisdom to our legislative process. It allows us, as its Members, full participation in the life of the nation. The Government therefore have considerable reservations about this proposed new clause, and I ask the noble Lord, Lord Dubs, to withdraw his amendment.
Lord Dubs (Lab)
My Lords, I never thought that so many different sorts of opinions would come out of the woodwork. It has been absolutely fascinating. The arguments have been somewhat different from the last two or three times we debated this issue. I just want to comment on them briefly.
As regards the voting list—this is a technical point—my understand is that there is no obvious way in which when we register we can declare that we are Members of this House. Somehow, in some local authorities, the polling clerks are aware of it but, in others, they are not. I am always mystified by that; it is not clear. I have known of people who have not been debarred from voting and could have gone to vote—they did not do so but they could have—simply because it was not obvious to the polling clerks that they were Members of this House.
On my noble friend Lady Quin’s comment about Members of Parliament, again, it is purely a technicality that they cease to be Members of Parliament during the period of an election campaign. Nobody knows about it except for a few nerds like us—sorry, nerds like me. It just means that they are technically not MPs. However, for all practical purposes, of course they are; they still get representations made to them, constituency casework and so on. Even during the election campaign, they cannot just say, “No, I’m not prepared to do it.”
Lord Cormack (Con)
The noble Lord cannot get away with that. When Parliament is dissolved, as distinct from being prorogued, the House of Commons does not exist and everyone must seek election or re-election to it. As the noble Lord knows only too well, there are occasions when Members of Parliament lose their seats—so of course it is right that they should have a vote for somebody in Parliament when there is no House of Commons. He is really not giving the argument the justice it deserves.
Baroness Jones of Moulsecoomb (GP)
My Lords, the noble Lord, Lord Grocott, has just informed me that MPs are paid during Prorogation. So even when they vote in a general election, they are in fact still being paid as MPs.
Lord Sherbourne of Didsbury (Con)
I just want to say to my noble friend Lord Cormack that, if a Member of Parliament is in a constituency that they do not represent but is on the register, they can vote for that constituency in a by-election even though they are still an MP.
Lord Dubs (Lab)
Well, we are getting into the realm of pub quiz questions. I am perfectly aware of the point that the noble Lord, Lord Cormack, made. My argument is that the public are not aware of it. It is a distinction that I did not know about until the first time I was trying to get re-elected in the Commons; I had no idea. I bet that 99.9% of the public would think that this is an amazing anomaly and would not attach very much weight to the argument, although I am perfectly aware of it. All I am saying is that, sometimes, these are very technical points. They do not take away from the fact that this is an anomaly where we, as individuals who in every other respect are members of a democracy and can vote, cannot vote in general elections.
This may have been the case for 300 years, but we unearth a lot of issues that we have had for hundreds of years and do not necessarily always go along with them. We change them from time to time. Women used not to have the right to vote. It was a tremendous victory when the suffragettes won the right to vote. So I would not use the argument that it has been like this for 300 years and therefore we are not going to change it.
I would like to come back to this on Report but, for the time being, I beg leave to withdraw the amendment.
Lord Green of Deddington
“Commonwealth citizens: reciprocal franchise
(1) The Representation of the People Act 1983 is amended as follows.(2) In section 1 (parliamentary electors)—(a) in subsection (1)(c), for “a Commonwealth citizen” substitute “a citizen of a Commonwealth country in which British citizens are entitled to vote in general elections”, and(b) at the end insert—“(3) For the purposes of subsection (1)(c), a country is deemed to be “a Commonwealth country in which British citizens are entitled to vote in general elections” if it is specified as such in regulations made by statutory instrument by the Secretary of State. (4) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.”(3) In section 4 (entitlement to be registered as a parliamentary or local government elector), in subsection (1)(c) after “Commonwealth citizen” insert “of a Commonwealth country specified in regulations under section 1(3)”.”Member’s explanatory statement
This amendment will ensure that the right of Commonwealth citizens to vote in UK general elections will in future be confined to citizens of those Commonwealth countries that grant to British citizens the right to vote in their own general elections. The amendment will not affect Irish citizens with whom the United Kingdom has had reciprocal voting arrangements since 1922.
Lord Green of Deddington (CB)
My Lords, I gave notice at Second Reading that it was my intention to bring forward an amendment on votes for Commonwealth citizens in general elections—and I repeat that. We have had a very good debate on local elections and got into a lot of technicalities, but this is now about general elections.
My suggestion is that, to vote in general elections, the basic requirement should be citizenship of the UK. That is clear, simple and logical, and I trust that the noble Lord, Lord Wallace, agrees. In the wider context, however, it would be a pity to take an action that might be perceived as unfriendly to the Commonwealth. We should therefore introduce the principle of reciprocity; I will come back to that point.
At present, all Commonwealth citizens have the right to vote in not only our local elections but our general elections without becoming British citizens. That is the case whether or not their countries of origin permit British citizens to vote in their general elections; as I will explain, most of them do not. In practice, as things stand now, Commonwealth citizens in the UK can simply put their names on the electoral register. Indeed, now that the register is reviewed every month, they could acquire the right to vote very shortly after their arrival. By contrast, foreign nationals in the UK must first obtain British citizenship—a process that takes five years or so.
A word about the background—as I mentioned at Second Reading, the noble and learned Lord, Lord Goldsmith, a Labour former Attorney-General, recommended in 2008 that this virtually automatic right for Commonwealth citizens should be phased out. He made three points, which briefly were that: first, most countries do not permit non-citizens to vote in national or even local elections; secondly, the UK does not have the same clarity around citizenship as other countries do, which is quite important; and thirdly, it is right in principle not to give the vote to citizens of other countries living in the UK until they become citizens of the UK. All that makes perfect sense. It is just a pity that it was not listened to at the time.
I just mentioned reciprocity and I am grateful to the House of Lords Library for its research into this. Only about 10 of the 53 Commonwealth countries grant British citizens the right to vote in their general elections, and nearly all those countries are small Caribbean islands. It would be wrong to remove the vote from nationals of those countries that continue to grant it to British citizens, so my amendment therefore makes that one small group of exceptions.
Sadly, no action was taken on this matter by the Labour Government at the time, nor by subsequent coalition or Conservative Governments. However, this Bill provides an opportunity to deal with it quickly and, I hope, quietly.
The effect of my amendment would be to put virtually all those coming legally to live in Britain on the same footing—namely, they would be entitled to vote when they had achieved British citizenship and not before.
On the numbers potentially involved, according to the Office for National Statistics, the number of Commonwealth citizens has increased by about 100,000 a year in the past five years. At this rate, very generally, about half a million would be able to vote in a general election without having acquired citizenship.
As a further point, and not an unimportant one, the present law is expressed in what one might call Home Office speak. That is picked up by the Electoral Commission, the website of which says:
“Any type of leave to enter or remain is acceptable, whether indefinite, time limited or conditional.”
That is absolutely extraordinary. In practice, it means that any Commonwealth student or work permit holder can register to vote before an approaching general election and so could their adult dependants. This right could even be extended to visitors, as most get six months’ leave when they arrive, as noble Lords know. As the noble Lord, Lord Collins, mentioned, this makes no sense. I would be grateful if the noble Earl, Lord Howe, would confirm that I have correctly explained the meaning of these words on the Electoral Commission website, which corresponds to the Home Office website. Could he also confirm that British nationals overseas are Commonwealth citizens for the purpose of voting? I believe they are.
Migration Watch, of which I am president, has made a rough estimate of the numbers involved. If one takes just the top 10 Commonwealth nationalities, the number of entry clearances granted in 2021 was about 360,000. If visitor visas are included, the total is over 500,000. If Hong Kong is included, it would add those who are adults among the 100,000 who have already arrived. I realise that may sound a little techie, and these numbers are not exact, but they are certainly not insignificant. I leave it to noble Lords to consider whether election agents in the relevant constituencies would be able to work it out. I suspect that they might.
It is important to be clear that my amendment would not take the vote away from anyone who now has it, only from future arrivals until they became British citizens. I add a final note on Irish citizens in the UK. As most Members know, they have had the right to vote in general elections since 1922, and vice versa. These arrangements would not be affected by my amendment and nor should they be.
To sum up, this amendment is about four matters: first, the simplification and rationalisation of the system, as the Liberal Democrat spokesperson, the noble Lord, Lord Wallace, pointed out and which the noble Lord, Lord Desai, called for; secondly, reciprocity and therefore fairness; thirdly, a basic requirement of citizenship; and fourthly and perhaps most importantly, maintaining confidence in the electoral system. There can no longer be any justification for this anomaly. My amendment makes a simple and sensible change, and this Bill is an opportunity to get it done.
Lord Collins of Highbury (Lab)
Before the noble Lord sits down, could I ask a question? He referenced my noble and learned friend Lord Goldsmith. If he recalls, this issue came up during the debate on voting rights in the referendum. The noble Lord, Lord Green, referenced this as the second issue that my noble and learned friend Lord Goldsmith raised in his report: what is a British citizen? Does he think that fundamental question has been properly addressed for this purpose?
Lord Green of Deddington (CB)
A lot has changed in 14 years, but the thrust of what the noble and learned Lord, Lord Goldsmith, said is absolutely right. We now have a system that has developed somewhat in defining what a UK citizen is—I accept that—but it is not too difficult, is quite well known and has been discussed recently. I do not think that undermines his recommendation or the logic of saying that the clear thing, if you want to vote in this country, is to become a citizen, and you know how to do that.
Lord Wallace of Saltaire (LD)
My Lords, I have great sympathy with the arguments of the noble Lord, Lord Green of Deddington; I am sorry he looks so surprised. We need to sort out what we mean by UK citizenship. I cannot now remember which election it was when I was canvassing in Southwark and I came to a block that had a large number of Congolese-born people and a large number of Tanzanian-born people. The latter had the right to vote; the former did not, although I deeply suspected that some of them had got themselves on the register, somehow or other, because the local people were not quite sure who was what. This is at least as much a legacy of empire and our great-grandparents’ day as the sacking and pencils in polling stations, which the noble Baroness, Lady Noakes, was talking about. Both need to be modernised and it is high time we did so.
I ask the Minister whether he can tell us when Mozambique joined the Commonwealth and whether that meant that all Mozambiquans in Britain immediately gained the right to vote. I think I am right in saying that Rwanda joined the Commonwealth and that must have given them the vote, as well. The noble Lord, Lord Howell, if he were in his place, would remind us that he has campaigned for Algeria to become a member of the Commonwealth. The hypothetical question of how many voters we would be adding each time a new country became a member of the Commonwealth is interesting.
Of course, we should be sorting out the categories of our voting. We have been saying that all afternoon. The noble Lord, Lord Green, is entirely right on this and I hope that the Government take some notice, but I suspect that they will not act on this unfortunately illogical and messy Bill.
Lord Horam (Con)
I declare an interest as a former electoral commissioner. First, I agree with the remarks made on the previous amendment by the noble Lord, Lord Wallace of Saltaire, that this Bill should have included the findings of the Law Commission, which have cleared up a lot of the complexity of language involved in legislation. It sometimes goes back to the Victorian times and is really a wholesale mess, frankly. I was glad that the Law Commission came to such clear conclusions.
Of course, the noble Lord will appreciate that the Law Commission by itself cannot alter anything and does not alter the law as it stands. None the less, I agree with him that it is a missed opportunity that we have an Elections Bill of this kind but are not able to take into account the views of the Law Commission. When I was on the Electoral Commission, it would have wanted the Law Commission’s findings to be taken into account as soon as practically possible, as it certainly would now.
Lord Desai (Non-Afl)
My Lords, this is the third occasion on which I have had to say that, given the way our constitution is, it is obviously not an exercise in logic. The noble Lord, Lord Wallace, is right that the Bill should have been an occasion to sort out in a clear, straightforward, logical way what the qualifications are that give somebody a right to vote in this country. The right to vote in this country has been based on the principle of the Empire. In 1858, Queen Victoria’s declaration for the Indian empire, a very important document, said that she would treat all subjects of her Empire as equal. She meant that the people in this country were the same part of the Empire as people in India. One of the leading Indian nationalists in the 1870s described that as a Magna Carta for India.
Mahatma Gandhi fought in South Africa for the rights of indentured labourers on the grounds that, being Indian subjects of Queen Victoria, they had the same rights as the white settlers in South Africa. He did not get very much, but that was the principle on which he fought.
Lord Green of Deddington (CB)
I assume the noble Lord is aware that British citizens in India are not permitted to vote.
Lord Desai (Non-Afl)
I shall come to that; this is the beginning of a lecture that will take some time.
When I arrived here, I was the holder of an Indian passport. India had become a republic in 1950. Just as we recently saw in the exercise of persuading the Jamaicans not to become a republic, becoming a republic takes a Commonwealth country out of the reciprocity relationship because the country can then choose whether to give reciprocal rights. That is Jamaica’s choice, not ours.
We have to be aware that our original right to vote was as subjects—we are still subjects—of the Crown, and the whole notion that we are citizens is an entirely European import. We became citizens only when we joined the EU; we ceased to be citizens when we left. The notion of citizenship is not relevant. We are not a democracy: the Crown in Parliament is sovereign; people are not sovereign. That is the constitutional position. Noble Lords can challenge me if they wish.
I am not disputing the principle of what the noble Lord is proposing, because he has explained very clearly and patiently that there ought to be reciprocity or symmetry. The Commonwealth itself is an anomaly because it is not a symmetrical association of equal states. Her Majesty the Queen heads the Commonwealth because of her position as the Crown and she has asked the Commonwealth Heads of Government to agree that His Royal Highness Prince Charles will head the Commonwealth when he succeeds her. So the Head of the Commonwealth will always be the British monarch. The Commonwealth is not a society of equal nations; there is an asymmetry there.
We are not French; we are British. We do not believe in logic; we believe in convention, tradition and evolution, and therefore there is an anomaly. If the Government want to have a logical structure, let them bring a Bill that in the first clause defines who has the right to vote in this country and why, and who does not have the right to vote, despite being a resident, taxpayer or whatever. That exercise has not been carried out, and so we have an anomalous position. That is the beauty of the constitution—it is not a logical construct.
Baroness Neville-Rolfe (Con)
My Lords, I was sorry not to be able to speak at Second Reading. It is always a pleasure to follow the noble Lord, Lord Desai. Logic, clarity and lack of reciprocity call for Amendment 154, in the name of the noble Lord, Lord Green, to be taken seriously and for the questions he has raised to be answered. I look forward to hearing positively from my noble friend the Deputy Leader. I will not delay the House.
Lord Collins of Highbury (Lab)
My Lords, I have some sympathy with the points made, but I wish this amendment could have been debated in the group of amendments we had on the entitlement to vote, because I do not really want to move away from the principle I articulated before. Not everyone wants to lose the status of their nationality. For example, my husband does not want to give up his Spanish citizenship, which he may have to do. A number of European countries have started to change but they did not allow dual nationality. A lot of people could lie about that, but he does not want to give it up. I certainly do not want to give up my nationality.
When we were in the EU, we were in the comfortable position of being, as we used to describe ourselves, EU citizens; we could locate and meet our families in our respective countries with ease. Now that has changed and we accept that, but I do not quite understand why we do not accept that there is a settled status, where someone has lived in the country for 27 years, paid tax, national insurance and everything else—they have taken the responsibility of a citizenship—but for one reason or another do not want to take formal citizenship, and why that should preclude them from having the right to vote.
It is crazy that, as I mentioned, an Australian student who comes over for their OE can immediately apply for the right to vote. I would rather the debate focused on what entitles somebody to vote. We have talked about taxation, we have talked about responsibility, and I say that clear levels of residence should establish some basic rights, so that we treat people who live here equally, and when they contribute to the success of our country we should acknowledge that.
I come back to what the noble Lord, Lord Green, said. One of the issues his amendment ought to probe and cause us to think about is: what is a British citizen? He says that British nationals (overseas) are not included. We can make commitments suddenly; for example, we made a commitment to Hong Kong citizens who are BNOs because of the breach of an international agreement. I have no doubt that in future, as we have done in the past, we will want to protect our legacy. The noble Lord, Lord Desai, spoke about the legacy of British Empire, which of course we cannot ignore, and things have changed.
I welcome the fact that the noble Lord, Lord Green, has tabled this amendment but we need to consider it in the light of all the amendments we have had on the right to vote and what the qualifications are. I do not think we should ignore residency.
Earl Howe (Con)
My Lords, with Amendment 154 we return to the franchise. The purpose of the amendment, as the noble Lord, Lord Green, explained, is to require the Government to confine the voting rights of Commonwealth citizens to citizens of countries that grant British citizens the right to vote in their general elections. The effect of this would be to limit the franchise to Commonwealth citizens from countries where British citizens are entitled to vote in general elections.
I take this amendment seriously but perhaps I could clarify the position as it relates to Commonwealth citizens. First, it is important for me to point out to the noble Lord, Lord Wallace, in particular, that there is no blanket voting right in this country for Commonwealth citizens. The right to vote applies only to qualifying Commonwealth citizens: those who have leave to remain in this country or have such status that they do not require such leave. The noble Lord, Lord Green, asked me to expand on that definition. The definition of “Commonwealth citizen” is a broad term and is not limited to citizens from Commonwealth countries listed in Schedule 3 to the British Nationality Act 1981. It applies equally to other types of British nationality defined in Section 37 of that Act. This includes Hong Kong British nationals (overseas), British overseas citizens and British Dependent Territories citizens. It also includes British Overseas Territories citizens.
I acknowledge that the approach adopted in relation to Commonwealth citizens is different from that that we take towards other categories of foreign nationals. However, there are sound and well-rooted reasons for that difference. The rights of Commonwealth citizens to vote are long standing and reflect the historic connections and well-established links with the Commonwealth of this country and Her Majesty the Queen, as the noble Lord, Lord Desai, outlined.
Lord Desai (Non-Afl)
I just wanted to point out that the 1918 Act was passed especially in recognition of the fact that many people from the Empire had given their lives in the First World War.
Earl Howe (Con)
The noble Lord, Lord Desai, is once again perfectly right.
Successive Governments and Parliaments since 1981 have concluded that the existing voting rights of Commonwealth citizens should not be disturbed, and it is on this basis that the Commonwealth citizens are granted the right to vote in UK elections.
I have enormous personal sympathy with the noble Lord, Lord Collins, and his husband in the situation he has outlined. The best answer I can give him is to refer back to the speech of the noble Lord, Lord Desai. As a country, we have found ourselves at various times in our history as members of different families of nations; for example, the family of EU member states and the family of Commonwealth nations. It is therefore perhaps unsurprising that the links and historic traditions, and hence entitlements, relating to each such family are different from one another. Our formal ties with the EU have been severed. Our ties with the Commonwealth endure. The weight of history plays a very considerable part in all sorts of aspects of our national life—
Lord Collins of Highbury (Lab)
The noble Earl says that our ties with the Commonwealth endure. I agree with the sentiment but the reality, as the noble Lord, Lord Desai, said, is that the relationship with Commonwealth countries has changed fundamentally, and is continuing to change. As Prince William said yesterday in his press statement—I have forgotten the exact words but it seemed relevant to me—the relations endure but Commonwealth countries change. The fact is that we have not changed what we define. With all these different British nationals as a consequence of our imperial legacy, we find it very difficult to define citizenship in that regard. That is why I come back to this fundamental point. I am not arguing that my husband has a special right as a former EU citizen. I am saying that someone who has lived here for 27 years, and paid tax and national insurance, should have the right to vote. It is residence that I am arguing for, which is what a number of noble Lords have been making the case for.
Earl Howe (Con)
My Lords, I understand that. It is clear that this is an argument that runs very deep. We may or may not return to it on Report but if there is anything else that I can add to the remarks that I have made, I will ensure that a letter is sent to all noble Lords who have taken part in this short debate.
In short, it is for reasons of history and because of the well-established ties that we in this country have with the family of nations that we call the Commonwealth that the Government have no plans to change the voting rights of Commonwealth citizens. Therefore, I am afraid we cannot support this amendment.
Lord Green of Deddington (CB)
My Lords, it has been a very interesting debate. I welcome the response of the noble Lord, Lord Wallace, on behalf of the Liberal Democrats and note the careful response from the Labour Front Bench. There are wider issues here, and I hope that both opposition parties will look at this and that the Government will, too.
The point that the noble Baroness, Lady Neville-Rolfe, made is a very important one. This loose end, to call it that, rather devalues the worth of UK/British citizenship. We need to sort it; this Bill is a very simple one, this could be a very simple amendment, and this is an opportunity to support it. I intend to bring it back at Report, and I hope that there will be a different reception to it. Meanwhile, I am happy to withdraw it.
Member’s explanatory statement
The reference in paragraph 12(4)(b) of Schedule 8 to a member of a local authority in Northern Ireland is unnecessary in view of how the qualification requirements in section 3(1) of the Local Government Act (Northern Ireland) 1972 operate.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 151, line 5.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 151, line 5.
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 151, line 5.
Baroness Hayman of Ullock
(b) where a person is convicted of an offence under the Terrorism Act 2000.”Member’s explanatory statement
This amendment intends to probe the circumstances of elected candidates being found guilty of terrorism offences.
Baroness Hayman of Ullock (Lab)
My Lords, I have a couple of amendments to Clause 28 in this group, and then further amendments, all looking at disqualification from elected office. My Amendments 160A and 161 to Clause 28 are really just to probe different government decisions as to why the Bill is laid out as it is. Amendment 160A is to probe the circumstances of elected candidates being found guilty of terrorism offences; that is pretty self-explanatory. Amendment 161 was tabled because the Government have put in the Bill that someone could be disqualified for five years from standing for elected office, and it probes the reasoning behind the period of five years. If the Minister could give the Committee some understanding of where the figure came from, that would be very useful.
Amendment 168 to Clause 32 would add fundraising as an activity undertaken for election purposes, because I think pretty much every political party does it as an election activity. Amendment 170 to Clause 33 is tabled so that we can see clearly the details of any disqualification orders given to ensure transparency. I am aware that the noble Lord, Lord Hayward, has an amendment in this group, so I will be interested to hear his introduction to it. Amendment 172 to Clause 34 probes the Government’s intention to vary the offences. It would be interesting to hear from the Minister some more detail on that and how it came to be in its current form.
I shall not give a long speech, as we have a long way still to go on the Bill and it is pretty clear what the Government are looking to achieve by this section of it. There is one issue I will raise, which was raised in Committee in the other place as well, and it concerns the five-year period. Many of the people who go on to intimidate candidates, agents or campaigners—unfortunately, I have been a victim of that, as have many people who stand for elected office—and who commit such crimes and acts, are not really interested in standing themselves to become elected representatives. Some of them are just opposed to the whole idea of how we run our democracies. But is that five-year period going to stop anything? Do the Government think that anything further could be done to manage the problem? Intimidation is becoming an increasingly difficult issue which, sadly, anyone putting themselves forward for public life at any level has to deal with.
We support the Government in their really important effort to do something about intimidation of candidates, be it physically or through social media. The Opposition are happy to work with the Government if there are ways in which we can continue to improve the situation, support people who put themselves forward for public office and protect them from this kind of behaviour. I beg to move.
Lord Hayward (Con)
My Lords, the noble Baroness, Lady Hayman, referred to my Amendment 171 in this group, to which I would like to speak. Before I do, and with the indulgence of the House, I refer to some comments made by the noble Baroness, Lady Scott, in Committee last week:
“However, given the important concerns that have been raised on the secrecy of voting, Minister Badenoch will be writing to the Electoral Commission and the Metropolitan Police to confirm our common understanding of the position set out in legislation—that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purpose of supporting an elector with health and/or accessibility issues that need such support. We are confident that the Electoral Commission will be able to respond promptly”.—[Official Report, 21/3/22; cols. 750-1.]
I raise that because the Minister wrote to the Electoral Commission and the police last week in very clear terms, covering the points made by, I think, every Member in the debate, and emphasising that there should be no element of doubt. Noble Lords will note that the Minister said that it was hoped that the Electoral Commission and the police would respond promptly. I quote from the letter the Minister wrote to those two organisations. In the penultimate paragraph, she says:
“I would be grateful for a quick response … to reassure Parliament that the secrecy of the ballot is upheld at those polls”—
that is, in May—or the Government may be minded to
“strengthen the law in this area, given the constitutional importance”.
I hope that the Electoral Commission and the Metropolitan Police will respond promptly, so that this matter does not have to come back at Report, as it may well have to do. I thank the Committee for its indulgence while I dealt with that, but it is important, given the general view that was expressed.
I move on to my Amendment 171. I am sorry here to possibly be raking over bad memories for the noble Lord, Lord Collins, who has said on a number of previous occasions that he was involved in the Tower Hamlets affair several years ago—and this is driven by the issue of Tower Hamlets and Lutfur Rahman. Lutfur Rahman was banned for five years, which may be where the question from the noble Baroness, Lady Hayman, about five years comes from. That was the maximum penalty available to the election court.
Lord Scriven (LD)
My Lords, very briefly from these Benches, most of these probing amendments seem reasonable and we look forward to the response of the Minister on the points that have been raised. I will just raise four points.
First, it is always a pleasure to follow the noble Lord, Lord Hayward. I have listened throughout Committee to his detailed analysis of what has happened in Tower Hamlets. I think it is important as we go through the Bill that we remember what has happened in Tower Hamlets, but we must not use it as the sole basis on which to make the law of the land; we have to listen to what has happened there, but making electoral law has to go much wider than just the Tower Hamlets case.
Having said that, like the noble Baroness, Lady Hayman, I want to probe why it is five years in particular. Five years is one election cycle, or could be one general election cycle. If somebody has committed quite a serious election fraud, having a five-year, one-term ban seems rather lenient to most people who would be looking in. What analysis was done by the Government in determining that five years was the particular period?
On Amendment 172, it is pleasing that, if the Secretary of State is going to vary, omit or add to the list of offences, it will be done on the affirmative procedure. Can the Minister give an example of what type of variation would be required? One can understand omitting, one can understand adding, but what kind of variation do the Government foresee could be laid by the Secretary of State? With those comments from these Benches, and my omitting when I first spoke to also wish the noble Lord, Lord True, a speedy recovery and wish him back to his place for Report, we look forward to hearing what the Minister has to say.
Baroness Scott of Bybrook (Con)
First, I thank my noble friend for bringing the Committee up to date with the letter from the Minister to the Electoral Commission and the Metropolitan police that we discussed at our previous sitting. The letter is one thing, but I now wait for the responses to it. I will make sure that my noble friend Lord True knows about that so that we can keep the pressure on to get those responses. That is important.
The act of intimidation and those who perpetrate it have no place in our democracy. Clause 28 would create a new disqualification order for offenders who intimidate those who contribute to our public life. This would be a five-year ban on standing for, holding and being elected to public office. It can be imposed on those convicted of intimidating a candidate, elected office holder or campaigner. After all, it is simply not right that those who try to damage political participation through intimidation are allowed to participate in the very same process that they tried to undermine.
There is no single offence of intimidation in criminal law. Therefore, the new sanction would potentially apply to a wide range of existing intimidatory criminal offences, as listed in Schedule 9. The noble Lord, Lord Scriven, asked what more could be added to that, and I will get some suggestions for him.
Lord Scriven (LD)
I did not ask what more could be added but for an example of variation.
Baroness Scott of Bybrook (Con)
I will get an answer for the noble Lord and write to him.
The list includes, but is not limited to, stalking, harassment, common assault and threats to kill. By creating a new sanction instead of a new electoral offence, we would enable the protection from intimidation all year round, not just during an election period, and extend protection in law to two additional groups: future candidates and elected office holders.
We understand the noble Baroness’s view on intimidating those not wanting to stand—they just want to intimidate. I will take it back because it is a valid point, but I imagine the answer is that there are other laws for that sort of intimidation that do not affect electoral law. I will ensure that the noble Baroness gets an answer.
For the disqualification order to be imposed, the intimidatory offence must be aggravated by hostility related to the status, or perceived status, of the victim being a candidate, elected office holder or campaigner. This ensures that the disqualification is imposed only in instances where political participation is genuinely at risk. The disqualification order is, of course, in addition to whatever other punishment the court applies to the offender for the underlying criminal offence. I think that is extremely important.
Amendment 160A probes the circumstances of an elected candidate being found guilty of terrorism offences. I can confirm that anyone committing an act of terrorism against a candidate, future candidate, campaigner or holder of elective office would already be subject to the disqualification order as currently drafted in addition to the penalties associated with that specific crime. If the offender was a holder of elective office, their office would be vacated in accordance with Clause 29. I therefore urge the noble Baroness to withdraw this amendment.
I heard what my noble friend Lord Hayward said about Amendments 161 and 171, but I am not going to comment on that case because I do not think it would be right to do so. These amendments seek significantly to increase the period of disqualification or incapacity arising from the imposition of the disqualification order or from committing relevant electoral offences, respectively. Changes of this significance require very careful consideration to ensure that these penalties continue to reflect the crime and do not become disproportionate.
Lord Hayward (Con)
Before my noble friend moves off that point, and picking up a comment made by the noble Lord, Lord Scriven, although I have referred on a number of occasions to Tower Hamlets, I have done so because that is the most extreme example. Does my noble friend agree that there are other examples of election offences around the country which may be considered minor, but are indications of the sort of problems we are facing in a number of areas?
Baroness Scott of Bybrook (Con)
Issues from around the country that we need to take note of have been brought forward in this Committee.
Lord Scriven (LD)
My question was slightly different. I appreciate that the Minister tried to answer, but what assessment has been carried out to see whether five years is still relevant? If it is benchmarked against a five-year period within the Representation of the People Act, was that assessed against the types of crime that we are talking about and was that still seen to be the correct benchmark?
Baroness Scott of Bybrook (Con)
It is considered to be the correct benchmark taking into account proportionality and the fact that many of these crimes will have further consequences because other crimes have been committed.
Amendment 168 seeks to widen the definition of a campaigner in Clause 32 explicitly to include fundraising activity as an activity undertaken by a campaigner for election purposes. I can assure the noble Baroness that fundraising activities for a registered party and a candidate are already implicitly captured, as provided by the broad wording that defines campaigners as engaging in activity to “promote or procure” support. However, we will explore options to clarify this further in the Bill’s Explanatory Notes. I thank the noble Baroness for tabling this amendment, but I ask her not to press it.
Amendment 170 to Clause 33 would require a Minister of the Crown to publish a statement outlining the details of the disqualification order in the event that a person were to be elected to the House of Commons while subject to a disqualification order. Further, we note the noble Baroness’s opposition to Clause 33 more generally. As explained, the new disqualification order disqualifies offenders from being elected to various offices. Clause 33 would ensure that this disqualification applies to membership of the House of Commons. To clarify, while the other relevant elected offices already have provisions which state that an election is void because of disqualification, there is currently no equivalent provision in relation to the election of a Member to the House of Commons.
Therefore, Clause 33 has an important role to play in ensuring that the new intimidation disqualification order operates as intended and as I suggest the electorate would expect it to operate. There is no reason why those elected to the House of Commons should be treated as a special case or held to a lower standard than any other elected office in this country. Anyone convicted of a politically motivated criminal intimidation-related offence should not be sitting in the other place for the duration of the disqualification period.
Turning specifically to Amendment 170, I reassure the noble Baroness that it would not be necessary. Although there is no notice requirement in Section 7 of the House of Commons Disqualification Act 1975, in the event that a seat becomes vacant, there will be a Motion for the Speaker to issue their warrant to make out a new writ for the election of a new Member to fill that vacancy. The writ would then be issued, and Members of the House of Commons would be made aware that a vacancy has occurred. I therefore urge the noble Baroness to withdraw this amendment.
I now turn to Amendment 172, tabled by the noble Baroness, Lady Hayman, which proposes to limit the regulation-making powers to amend Schedule 9, which lists the existing criminal offences of an intimidatory nature in respect of which the intimidation sanction can be made. The purpose of Clause 34 is to future-proof the new intimidation sanction so that it remains relevant and can continue to apply to offences of an intimidatory nature, recognising that the nature of intimidation and abuse can shift, and indeed is currently shifting, particularly online. A relevant example of this is the online safety Bill, introduced earlier this month: it proposes new communication offences originally recommended by the Law Commission last year.
In addition to enabling Ministers to respond to and add new offences, the clause ensures that the list provided in Schedule 9 remains accurate through powers to omit offences from the list and vary the description of offences already included in it, if and when any of the listed offences are amended or repealed in law. These provisions will require that any statutory instrument laid using these powers is subject to parliamentary scrutiny under the affirmative resolution procedure. This will ensure that Parliament can scrutinise and decide whether to accept any proposed changes to Schedule 9. I therefore ask the noble Baroness not to press Amendment 172.
Baroness Hayman of Ullock (Lab)
I thank the Minister for the clarification she has provided, particularly around my amendment seeking to include fundraising. It would be extremely helpful if that could be added to the Explanatory Notes. She also explained that the Government want to future-proof intimidation sanctions, particularly online. When the Minister talked about varying the offences, did she mean just varying the descriptions of offences as things change to make sure they are always up to date? It would be helpful if the Minister could clarify that.
Baroness Scott of Bybrook (Con)
No—we are talking about ensuring that the list provided in Schedule 9 remains accurate through powers to omit offences from the list and vary the description. So it is varying or omitting.
Baroness Hayman of Ullock (Lab)
So the “varying” bit is just to do with the description of the offence. I thank the Minister.
As the amendments I have tabled show, my main concern is the fixed five-year period. Other noble Lords have raised that issue too—the noble Lord, Lord Scriven, rightly said that that is only one parliamentary term—so it would be good if the Government could look at that again. I will make another suggestion. If the Government are going to stick with the fixed five-year period, what would happen if there were a repeat offence? Would there be another five-year period, or is there an option to look at a greater sanction if such an offence were committed again? Otherwise, it is not a deterrent if the people just miss out every now and again. It would be good if the Government could have another think about that; otherwise, this issue will come back on Report, because there are clearly concerns about it.
I thank the Minister for her comments on the intimidation of candidates’ agents and campaigners. I am aware that she rightly said that other offences are available for people to be convicted of if they are found to have behaved like that. I know that this is not part of the Bill, but often the effectiveness of the police’s response to such intimidation varies greatly across the country. It would be good if the Government could also consider that in some form or other. For the moment, I withdraw my amendment.
Member’s explanatory statement
This amendment ensures that references to a candidate in clause 30 continue to include a candidate at an election for the office of member of the Scottish Parliament or member of a Scottish local authority, notwithstanding the amendments in Lord True’s name to clause 35 which narrow the general definition of “relevant elective office”.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 42, line 23.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 42, line 23.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 42, line 23.
Member’s explanatory statement
This amendment ensures that references in clause 31 to the holder of a relevant elective office continue to include the holder of the office of member of the Scottish Parliament or member of a Scottish local authority, notwithstanding the amendments in Lord True’s name to clause 35 which narrow the general definition of “relevant elective office”.
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 44, line 2.
Member’s explanatory statement
This amendment ensures that “relevant election”, in clause 32, continues to include an election for the office of member of the Scottish Parliament or member of a Scottish local authority, notwithstanding the amendments in Lord True’s name to clause 35 which narrow the general definition of “relevant elective office”.
Member’s explanatory statement
This amendment removes member of the Scottish Parliament from the definition of “relevant elective office” for Part 5.
Member’s explanatory statement
This amendment, and the amendment in Lord True’s name at page 47, line 1, remove member of a Scottish local authority from the definition of “relevant elective office” for Part 5.
““relevant Scottish elective office” means the office of—(a) member of the Scottish Parliament, or(b) member of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”Member’s explanatory statement
This amendment inserts a definition of “relevant Scottish elective office” for Part 5.
Member’s explanatory statement
See the explanatory amendment for the amendment in Lord True’s name at page 46, line 27.
Member’s explanatory statement
This amendment omits amendments currently made by the Bill to sections 35 and 36 of the Local Government (Scotland) Act 1973.
Member’s explanatory statement
This amendment omits amendments currently made by the Bill to section 17 of the Scotland Act 1998.
Member’s explanatory statement
This amendment ensures that the definition of “candidate” continues to include a candidate at an election for the office of member of the Scottish Parliament or member of a Scottish local authority.
Member’s explanatory statement
This amendment ensures that the definition of “future candidate” continues to include a future candidate at an election for the office of member of the Scottish Parliament or member of a Scottish local authority.
Lord Clement-Jones
Member’s explanatory statement
This amendment replaces “if it is not reasonably practicable to comply” with “if it is not possible to comply” to ensure that the majority of electronic material is within scope of the bill’s intentions.
Lord Clement-Jones (LD)
My Lords, I shall also speak to Amendments 194A, 194B, 196A and 212C. I am a relative interloper on this Bill as I was not able to speak at Second Reading. Part 6 has taken a long time to come in Committee, but the digital aspects of election campaigns are nevertheless of great importance. For the convenience of the House, I thought it best to group all these digital amendments together, although they cover rather different aspects of digital campaigning.
Before I start, I will say that I was looking forward to a joust with the Minister, the noble Lord, Lord True, but I send my best wishes to him for a speedy Covid recovery. On the other hand, it is a pleasure to see the versatile noble Earl, Lord Howe, taking part in these proceedings.
Digital campaigning is of growing importance. It accounted for 42.8% of reported spend on advertising in the UK at the 2017 general election. That figure rose in 2019; academic research has estimated that political parties’ spending on platforms is likely to have increased by over 50% in 2019 compared to 2017. As the Committee on Standards in Public Life said in its report in July last year, Regulating Election Finance:
“Research conducted by the Electoral Commission following the 2019 General Election revealed that concerns about transparency are having an impact on public trust and confidence in campaigns.”
In that light, the introduction of digital imprints for political electronic material is an overdue but welcome part of the Elections Bill.
The proposed regime as it stands covers all types of digital material and all types of appropriate promoter. However, a significant weakness of the Bill may exist in the detail of where an imprint must appear. In its current form, the Bill allows promoters of electronic material to avoid placing an imprint on the material itself if it is not reasonably practicable to do so. Instead, campaigners could include the imprint somewhere else that is directly accessible from the electronic material, such as a linked webpage or social media profile or bio. The evidence from Scotland’s recent parliamentary elections is that this will lead in practice to almost all imprints appearing on a promoter’s website or homepage or on their social media profile, rather than on the actual material itself. Perhaps that was encouraged by the rather permissive Electoral Commission guidance for those elections.
Can this really be classed as an imprint? For most observers of the material, there will be no discernible change from the situation that we have now—that is, they will not see the promoter’s details. The Electoral Commission also says that this approach could reduce transparency for voters if it is harder to find the imprint for some digital campaign material. It seems that
“if it is not reasonably practicable to comply”
will award promoters with too much leeway to hide an imprint. Replacing that with
“if it is not possible to comply”
would ensure that the majority of electronic material is within the scope of the Bill’s intentions. What happened to the original statement in the Cabinet Office summary of the final policy in its response to the consultation document Transparency in Digital Campaigning in June last year? That says:
“Under the new regime, all paid-for electronic material will require an imprint, regardless of who it is promoted by.”
There is no mention of exemptions.
The commission says it is important that the meanings of the terms in the Bill are clear and unambiguous, and that it needs to know what the Government’s intent is in this area. In what circumstances do the Government really believe it reasonable not to have an imprint but to have it on a website or on a social media profile? We need a clear statement from them.
As my noble friend Lord Wallace said, Amendments 194A and 196A really should be included in the “missed opportunity” box, given the massive threat of misinformation and disinformation during election campaigns, particularly by foreign actors, highlighted in a series of reports by the Electoral Commission, the Intelligence and Security Committee and the Committee on Standards in Public Life, as well as by the Joint Committee on the Draft Online Safety Bill, on which I sat. It is vital that we have much greater regulation over this and full transparency over what has been paid for and what content has been paid for. As the CSPL report last July said,
“digital communication allows for a more granular level of targeting and at a greater volume – meaning more messages are targeted, more precisely and more often.”
The report says:
“The evidence we have heard, combined with the conclusions reached by a range of expert reports on digital campaigning in recent years, has led us to conclude that urgent action is needed to require more information to be made available about how money is spent on digital campaigning.”
It continues in paragraph 6.26:
“We consider that social media companies that permit campaign adverts in the UK should be obliged to create advert libraries. As a minimum they should include adverts that fit the legal definition of election material in UK law.”
The report recommends that:
“The government should change the law to require parties and campaigners to provide the Electoral Commission with more detailed invoices from their digital suppliers … subdivide their spending returns to record what medium was used for each activity”
and
“legislate to require social media platforms that permit election adverts in the UK to create advert libraries that include specified information.”
All those recommendations are also contained in the Electoral Commission report, Digital Campaigning: Increasing Transparency for Voters from as long ago as June 2018, and reflect what the Centre for Data Ethics and Innovation set out in its February 2020 report on online targeting in specifying what it considered should be included in any such advert library. The implementation of these recommendations, which are included in Amendment 196A, would serve to greatly increase the financial transparency of digital campaigning operations.
In their response to the CSPL report, the Government said:
“The Government is committed to increasing transparency in digital campaigning to empower voters to make decisions. As part of this, we take these recommendations on digital campaigning seriously. As with all of the recommendations made by the CSPL, the Government will look in detail at the recommendations and consider the implications and practicalities.”
The Public Administration and Constitutional Affairs Committee report last December followed that up, saying at paragraph 216:
“The Government’s response to the CSPL report on electoral finance regulation provides no indication of which of its recommendations (not already included in the Bill) the Government is likely to adopt … prioritise for consultation or when or how the Government proposes to give legislative effect to recommendations that will not be included in the Bill. The Government should give clarity on its next steps in this regard.”
So the time has come for the Government to say what their intentions are. They have had over six months to do this, and I hope they have come to the conclusion that fully safeguards our democracy. I hope the Government will now see the merits and importance of those amendments.
On Amendment 194B, the CSPL also recommended changes to electoral law regarding foreign actors. We had some discussion about this issue during the debate on Amendment 35. The CSPL says at paragraph 6.29 of its report:
“As we discuss in chapter 4, the rules on permissible donations were based on the principle that there should be no foreign interference in UK elections. However, the rules do not explicitly ban spending on campaign advertising by foreign individuals or organisations.”
It specifically refers to the Electoral Commission’s Digital Campaigning report, which said:
“A specific ban on any campaign spending from abroad would … strengthen the UK’s election and referendum rules.”
It quoted the DCMS committee’s February 2019 report, Disinformation and “Fake News”, which said that
“the UK is clearly vulnerable to covert digital influence campaigns”,
and the Intelligence and Security Committee report, which stated that if the commission
“is to tackle foreign interference, then it must be given the necessary legislative powers.”
These are powerful testimonies and recommendations from some very well respected committees. As a result, the CSPL recommended:
“In line with the principle of no foreign interference in UK elections, the government should legislate to ban foreign organisations or individuals from buying campaign advertising in the UK.”
This is very similar to a recommendation in the Electoral Commission’s Digital Campaigning: Increasing Transparency for Voters report of 2018, which I referred to earlier. In response, the Government said: “We are extending this”—the prohibition of foreign money—
“even further as part of the Elections Bill, to cover all third-party spending above £700 during a regulated period.”
However, the current proposals in the Bill have loopholes that foreign organisations can readily use, for instance through setting up multiple channels. A foreign actor could set up dozens of entities and spend £699 on each one—something very easy for online expenditure.
Amendment 194B would ensure that foreign entities were completely banned from participating at all and would make absolutely certain that the Government’s intentions were fulfilled. Again, I hope that the Minister will readily accept this amendment as strengthening the Bill against foreign interference.
Turning to Amendment 212C, tackling societal harms caused by misinformation and disinformation is not straightforward, as our Joint Committee on the Online Safety Bill found. However, consistent with the report of the Lords Select Committee on Democracy and Digital Technologies, Digital Technology and the Resurrection of Trust, chaired by the much-missed Lord Puttnam, we said:
“Disinformation and Misinformation surrounding elections are a risk to democracy. Disinformation which aims to disrupt elections must be addressed by legislation. If the Government decides that the Online Safety Bill is not the appropriate place to do so, then it should use the Elections Bill which is currently making its way through Parliament.”
There is, of course, always a tension with freedom of expression, and as we emphasised in our Joint Committee, so we must prioritise tackling specific harmful activity over restricting content. Apart from the digital imprint provisions, however, the Bill fails to take any account of mounting evidence and concerns about the impact on our democracy of misinformation and disinformation. The long delayed report of the Intelligence and Security Committee on Russian interference of July 2020 was highly relevant in this context, stating:
“The UK is clearly a target for Russia’s disinformation campaigns and political influence operations and must therefore equip itself to counter such efforts.”
Protecting our democratic discourse and processes from hostile foreign interference is a central responsibility of the Government. The committee went on, very topically, to say:
“The links of the Russian elite to the UK—especially where this involves business and investment—provide access to UK companies and political figures, and thereby a means for broad Russian influence in the UK.”
It continued:
“We note—and, again, agree with the DCMS Select Committee—that ‘the UK is clearly vulnerable to covert digital influence campaigns.’”
The online harms White Paper published in April 2019 recognised the dangers that digital technology could pose to democracy and proposed measures to tackle them. Given the extensive regulatory framework being put in place for individual online harms in the Online Safety Bill, newly published last week, why are the Government reluctant to reaffirm the White Paper approach to elections and include it in this Bill? The Government responded to our Joint Committee report on this issue last week by saying that they agreed that misinformation and disinformation surrounding elections are a risk to democracy. However, they went on to say:
“The Government has robust systems in place that bring together governmental, civil society and private sector organisations to monitor and respond to interference in whatever form it takes to ensure that our democracy stays open, vibrant and transparent”
—fine words. They cite the Defending Democracy programme, saying:
“Ahead of major democratic events, the Defending Democracy programme stands up the Election Cell. This is a strategic coordination and risk reporting structure that works with relevant organisations to identify and respond to emerging issues”.
So far, so vague. They continue:
“The Counter Disinformation Unit based in DCMS is an integral part of this structure and undertakes work to understand the extent, scope and the reach of misinformation and disinformation.”
Baroness Jones of Moulsecoomb (GP)
My Lords, I congratulate the noble Lord, Lord Clement-Jones, on an extremely full exposition of his amendments, which makes me almost superfluous but I will add something anyway. The Minister is leaving, but I just say to him that the Government appear to want to get this excruciatingly poor Bill through before Prorogation. If they are going to do that, will they please accept some of the more sensible amendments so that the Bill contains some useful stuff that we can all use as politicians to make the whole process much fairer? The growing complexity of digital marketing makes online campaigning a major battleground for political dirty tricks; we all want to avoid that.
In 2019, political parties used data from Experian Marketing Services and Facebook to target specific campaign messages to individual voters. They also used Facebook services that allow advertisers to find customers similar to an existing group of customers. This allows targeting by age, location, interests, likes and a whole host of other personal data. The big risk of this, of course, is that political parties can promise anything to all people in a way that they could not before. We have politicians lying to our faces—the Prime Minister stands up and lies at the Dispatch Box. We all see him doing it; some of care and a lot of us do not. We can see it; it is happening. Now, however, there is an industry that would allow politicians to target their distortions of the truth on specific groups of people. The same candidate could target Brexit supporters with a pro-Brexit message, remain supporters with an anti-Brexit message and everyone else with a message saying that Brexit is a waste of time and we should all be getting on with more important things.
The threat to the integrity of our democracy is obvious; this is something we really do have to tackle. We need to move on with the times and be a bit more modern about accepting that we have a problem. There is a real risk that whichever party uses dodgy digital marketing in the most egregious and misleading ways will be most likely to win an election. We are at risk of a digital arms race in which truth and integrity are impediments to getting elected. I urge the Government to pick up at least some of these amendments, which would make our whole political system much clearer, cleaner and fairer.
Baroness Wheatcroft (CB)
My Lords, I support these amendments, so comprehensively introduced by the noble Lord, Lord Clement-Jones, in particular Amendment 194B. It is clearly right that overseas actors should be specifically banned from interfering in our political process and publishing propaganda online. It is relatively easy for them to do that.
Clause 39 imposes a duty on those publishing election-related material to make clear the source of that material. The noble Lord, Lord Clement-Jones, has made clear that this is a loophole big enough for most people to get through; it is simply not enough. It would be naive in the extreme to assume that those who wish to influence our elections are not wily enough to circumvent these sorts of stipulations, and neither are they likely to be put off doing so by the fact that they would be breaking British law, as Amendment 194B would insist.
The bots that churned out online propaganda ahead of the referendum amounted to interference in our electoral process on an industrial scale. We cannot say categorically whether they affected the result, but we know they tried. Yet the Government have neither investigated what happened nor done anything that we can see to prevent such online terrorism. As the noble Lord, Lord Clement-Jones, put it, “So far, so vague”.
As others have mentioned, the Russia report from the Intelligence and Security Committee was highly critical of the Government’s failure to examine what had happened and to take action, yet the Government continue to resist anything tangible. That is why a cross-party group of MPs and Peers, of which I am one, has filed a legal action to try to force our Government to investigate and protect the integrity of our electoral system. That action has today been filed with the European Court of Justice. It will, of course, take a while before it produces anything, and I hope that in the meantime the Government take action that would render such legal action—to prompt them into doing what they should do—unnecessary.
Does the Minister believe that Clause 39, even with this amendment, will prevent malign interference in the UK’s electoral process? Does he really believe that what is being done quietly is having any effect at all? Does he not think that the time has come, if the Government are taking real action, for us to be told about it and for the need for it to be enshrined in law?
Lord Mann (Non-Afl)
My Lords, I would have rather welcomed being targeted by a foreign Government in the various elections I stood in. It would have been relatively straightforward to have turned that around—I would have used more traditional methods of communication—and exposed it. But I am not quite sure how we would be able to take North Korea, Mr Putin or whoever through the courts in this country for any remedy or preventive action. Donations, of course, are an entirely separate issue, but these amendments are on electronic communications.
I listened to the noble Lord, Lord Clement-Jones, and I will respectfully give a different point of view on his Amendment 180A, which is very well intentioned but rather misses the point about transparency and where the digital age is going. The concept of putting in an imprint to demonstrate who has put a particular advert or piece of propaganda out there is very valid.
It is quite feasible that I will not be standing at the time of the next general election, unless some odd mayoralty is formed that I suddenly decide I should run for. I have had my day fighting elections. But if I was, I would think about how I could harness the latest technology so that people’s clothes would carry my name and slogan. Particularly at football matches, you regularly see straplines that change every few seconds; I would have them at strategic locations, firing out different messages. If others were doing so at prime locations and I had sufficiently robust funds to allow me to join in with using those advertising methodologies, I would certainly look to do that.
When it comes to proper transparency, it seems to me that the concept of, say, an agent having to have everything declared precisely on a website is far more useful for the efficacy of elections than anything that would anticipate that, for example, the latest high-tech jumper I am wearing, advertising a candidate, could somehow be spotted to have on it something that could then be used to hold me to account. It seems to me that some of the tried and tested methods could be more useful for the intention—here I agree with the noble Lord, Lord Clement-Jones—of ensuring that there is maximum transparency and legality in elections. I would be interested in the Minister’s views on whether this section of the Bill is sufficiently future-proofed for where technology will be next week, never mind next year.
Lord Stunell (LD)
My Lords, I will briefly intervene, having heard the noble Lord, Lord Mann. It is important to understand that, as far as Clause 39 goes, the amendment talks about making sure there is some way of identifying the message you have. Of course, if it says “Vote for Mann” it might be a reasonable presumption that it had been sponsored by somebody supporting the candidacy of Mr Mann, as it would be. But the evil, if I can put it that way, of much social media advertising is that it is not clear what it is doing. You have negative campaigning as well as positive campaigning. It is not necessarily done in a way that makes it obvious that what you are reading is not a news item or a fashion page—to pick up the point from the noble Lord, Lord Mann—but it nevertheless conveys an important message to a particular category of reader. So I ask the Minister to address the substance of my noble friend Lord Clement-Jones’s Amendment 180A.
“Reasonably practicable” has already been completely circumvented in Scotland, so we know it does not work there. It is inconceivable that whatever lessons were learned by campaigners in Scotland will not immediately transfer to campaigns across the United Kingdom. It is a good challenge for the Minister to explain what is wrong with “possible” and maybe, behind that, to say whether the Government have decided not to implement the clear advice of the Committee on Standards in Public Life and the Electoral Commission, both of which, I respectfully suggest, might be offering advice that is slightly more researched than that of the noble Lord, Lord Mann.
Lord Wallace of Saltaire (LD)
My Lords, I thank my noble friend Lord Clement-Jones for the amendments he has brought forward with a great deal more expertise about this new dimension of campaigning than I have. I first learned about this new dimension of campaigning when I looked into post-Soviet Russian politics and discovered the new term “political technologies”, used by campaigners working for Putin to mould public opinion and to try to interfere in other countries, using the newly available digital media to help their efforts.
Of course, this also costs money. As we have seen in the United States, the use of digital media, data mining and negative campaigning—as has already been mentioned —is one way in which, unfortunately, American politics is being debased. We do not want that to happen in Britain.
Lord Collins of Highbury (Lab)
My Lords, I thank the noble Lord, Lord Clement-Jones, for his excellent introduction to a range of amendments. We should not simply think that negative campaigning and threats to our election process are new things as a result of new technology. These sorts of things have been going on for many years. Certainly, I have seen a political party put one leaflet down one street saying one thing and then another down another street saying the complete opposite.
All of these things are addressed effectively through effective transparency, with people knowing exactly where this information comes from. I think the noble Lord, Lord Mann, is right there. That is why it is important that the Minister specifically addresses the point in Amendment 180A. I am worried that we spot a problem, understand the issue, say we are addressing it in legislation but then create a loophole where everyone can escape.
I am grateful for Adobe sending me its briefing on this issue. It basically says that we have the technology and there is a standard being developed for content authenticity initiatives—CAI—which, if adopted, and it is being adopted, can address this issue. I do not understand why we have this loophole. Technology can ensure that the imprint of who has created and published the content is there. I do not see the circumstances where it is not possible. Even if it is not possible on the face, they now have the technology to point out easily how you find it. Therefore, as the noble Lord, Lord Clement-Jones says, I do not see why we have this wording of “not reasonably practicable”. I am not even sure I would agree that it is not possible. It is possible—the technology is there so we should do it.
Noble Lords have referred to the Russia report. We said at the beginning of Second Reading—and I am not going to make a Second Reading speech—that the Bill is a missed opportunity. It could have embraced a lot more and the issues identified in that report will need to be addressed in future legislation as they have not been addressed here.
I hope the Minister can specifically address the issue in Amendment 180A; I particularly hope she has seen the briefing from Adobe and the industry which says that this is possible. They have created a standard which they expect everyone to adopt—in fact, Facebook, Twitter and others are all adopting it. If they are adopting it, can we not use the legislation to ensure that it becomes compulsory for all political actors to comply with this legislation and that we do not have a loophole?
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Lord, Lord Clement-Jones, for a very thorough piece of scrutiny of this part of the Bill. I think it would be useful if between now and Report we had a meeting with him and other interested parties to discuss this further and also address some of his very in-depth speech that I will not answer this evening because we might be here all night. We will get answers to him very quickly so that we can discuss them when we have that meeting.
The noble Lord, Lord Mann, and many others are right: this is fast moving. What we see today is probably not what we will see in five years’ time, and we need to future- proof. I think we all understand that.
There were some very specific questions that I will answer upfront because that will give some context to what else I am going to say. First, on digital imprints, it is important that “reasonably practicable” is understood. It should be read as commonly understood; “reasonably practicable” is commonly understood. The Electoral Commission and the police will need to interpret this phrase in context in the course of their enforcement of the Bill. The statutory guidance will provide further details on the location of this imprint and what is required. There will be further guidance on this.
A number of noble Lords spoke about the Intelligence and Security Committee and said that political adverts should include an imprint. The Government’s digital imprint regime delivers the ICS’s recommendation to introduce a requirement to add an imprint on digital paid-for political advertising. As digital campaigning is not confined to election periods or geographical boundaries, the regime is intended to apply all year round, UK-wide, and regardless of where in the world content is promoted from. Following a conviction or a civil sanction, the courts can make an order or the Electoral Commission may issue a notice to anyone, including social media companies, requiring them to remove or disable access to infringed content. Failure to comply with a notice or order would be a criminal offence.
The noble Baroness, Lady Jones of Moulsecoomb, brought up the issue of targeting messages. Targeting messages at voters is a legitimate activity that allows campaigners to maximise their resources and target their message at the right audience. All campaigners must comply with direct marketing and data protection laws when using personal data in their campaigning, but it is a legal activity.
Baroness Jones of Moulsecoomb (GP)
This is about transparency, so that the public can know that somebody is saying different things in different places—that is all.
Baroness Scott of Bybrook (Con)
Understood. Listening to the debate, two words have come out, and we will reflect those. One is “safeguarding”, and one is “transparency”, as the noble Baroness has just said. Those two things are important as we move forward with the Bill.
The provisions in Part 6 of the Elections Bill will introduce one of the most comprehensive “digital imprint” regimes operating in the world today; that is the positive thing. However, it is crucial to take a proportionate approach to the scope and application of the regime to ensure that it is enforceable and to avoid stifling political debate. It is for this reason that the Government do not support the noble Lord’s amendments, as we consider that they would introduce unreasonable burdens on campaigners and therefore risk restricting freedom of expression.
Due to the way some digital platforms are designed, it will not always be practical to display the imprint as part of the material itself—for example, in a text- based tweet where there is a strict character limit. Amendment 180A would not give campaigners the much-needed level of flexibility and therefore risks unreasonably hampering their ability to campaign on particular digital platforms. I have listened to the points made about new technology coming out; it is important that we keep an eye on that, so that if that is possible in the future—
Lord Hodgson of Astley Abbotts (Con)
I am not asking my noble friend to reply this evening, because this is a complicated question, but I think I heard the noble Lord, Lord Clement-Jones, say that the digital material would not have to have an imprint on itself and that it could refer you by a link to another page. If that is the case, we could have a situation where if you are retweeting things, you may get even further away from the reality of what is happening. It was also not clear to me, because of the Government’s reaction to an earlier amendment, whether a third-party campaigner had to disclose on their home page that they were registered as a third-party campaigner. I am not sure that I have the links quite right here. If the noble Lord, Lord Clement-Jones, was correct, perhaps my noble friend could unpick that when she writes to us after today. I am not asking her to reply to that now.
Baroness Scott of Bybrook (Con)
I take note of that and will make sure that my noble friend understands the unpicking of all of that.
I reassure the noble Lord, Lord Clement-Jones, that this flexibility does not amount to allowing campaigners to place the imprint wherever they want. Under our regime, campaigners would be required to ensure that their imprint is displayed as part of the material and only when this is not reasonably practical may the imprint be located elsewhere—as my noble friend said—but it must still be directly accessible from the campaigning material. Those who do not comply will be committing an offence.
Turning now to Amendment 194A, the Government are mindful that transparency requirements on campaigners remain proportionate and that they are not unduly discouraged from participating in public life. Candidates and registered campaigners already have to detail their electoral spending in their returns to returning officers and the Electoral Commission and provide invoices for payments over a certain amount. Invoices provided to the Electoral Commission are then made available for public scrutiny. The practicality and impact on campaigners of requiring them to submit more detailed invoices or receipts about digital activity would need to be looked at very carefully, as the detail provided is determined by the suppliers themselves and not necessarily by the recipient.
Similarly, in relation to Amendment 196A, the Government welcome the steps already taken by many social media companies in this area. We continue to keep transparency rules under review, but given the steps taken already by platforms such as Facebook, we do not propose to mandate centralised libraries of digital political content. Requiring all campaigners promoting paid political advertising to themselves maintain a library of those adverts with specified information for at least 10 years risks adding a significant and unreasonable administrative burden on campaigners, particularly smaller groups that rely on volunteers or groups that are established only for the lifetime of a particular election campaign. We know that some small campaigns happen and, in our opinion, keeping a library for 10 years would be unreasonable.
Lord Clement-Jones (LD)
My Lords, I thank all noble Lords who have taken part in this debate, particularly the noble Baroness, Lady Wheatcroft. I am sure that we all wish her well in her lawsuit, which is clearly being taken for all the right reasons. I thank the Minister for her response, particularly her invitation to discuss this further, but the actual response she gave today did not score that many runs as far as I was concerned.
If you look at the intent behind all these amendments —prohibiting foreign interference, greater transparency over digital advertising, expenditure and content, preventing misinformation and disinformation—these are all things we should be striving for to make sure that we have a more vibrant democracy and to prevent damage to it. The Government have pushed back on them, and I am afraid that this is really not acceptable in this day and age. If I could respond to what the noble Lord, Lord Collins, said about digital, there is a difference. We have seen the power of the algorithm to amplify in a really unhelpful, dangerous and sometimes harmful way as far as individual harms are concerned, and it is true of democracy at large as well.
I take the point of the noble Lord, Lord Mann. He is clearly an extremely creative campaigner, and walks around with an electronic sweater that advertises—or used to advertise—his electoral qualities. We have to be alert to new forms of campaigning, but we are where we are; this Bill purports to be a way of dealing with digital campaigning, but it does not do the full job. That is exactly the point that we really need to be aware of.
I heard what the Minister had to say about “reasonably practicable” and so on, but the Electoral Commission guidance itself was not that clear for the Scottish parliamentary campaign. It was quite permissive, so as a result, the imprint appeared mostly either in the social media bio or on the website. It did not appear on the actual material itself, so the intent there was not achieved, and I doubt very much, if the guidance is the same—based on the same wording—that that will not be the case in the implementation of this particular provision. The leeway is too great, so it is not comprehensive.
As far as the other aspects go, I will look very carefully at what the Minister said, but, as far as advert libraries are concerned, she is repeating what the Government have said on a number of occasions: “Oh, fine, social media are already doing this.” The whole purpose of regulation in this area, however, is to specify what needs to be contained in those advert libraries. It is not enough to say, “Oh, yes, Facebook is doing it here and Twitter is doing it there”—although Twitter is no longer doing political adverts, there are other platforms such as Instagram.
As far as foreign actors are concerned, the Minister has simply repeated my own words back to me about the £700 limit, so I do not think we advanced the argument very far. As for false information, misinformation, or disinformation, the example I gave in Amendment 212C was simply, in a sense, designed to elicit a response from the Government about their intentions. Clearly, they do not seem to have any particular intention, despite the fact that their White Paper on online harms actually dealt with the subject fairly comprehensively. The question comes back to the Government about misinformation and disinformation. Their response to a whole range of committees—the CSPL, the ISC, and the Electoral Commission itself—seems to be pretty blithe. The question increasingly is: if they are not prepared to regulate misinformation or disinformation, which are threats to our democracy, what are they going to wait for: until we have a clear electoral travesty? If not now, when? No doubt, we will return to this at some later stage, but in the meantime, I beg leave to withdraw my amendment.
“(2) The first condition is that the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within section 41.”Member’s explanatory statement
This amendment provides that the condition in clause 40(2) is met only where the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within clause 41.
Member’s explanatory statement
This amendment provides that the condition in clause 40(3) is met only where the promoter of the relevant material, or the person on behalf of whom the relevant material is published, has paid for the material to be published as an advertisement.
“(5) Where the material is published on a website or mobile application of the promoter or the person on behalf of whom the material is published, the reference in subsection (3) to a person paying for material to be published does not include the person making payments related to setting up, operating or maintaining the website or mobile application.(6) In subsection (5) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.”Member’s explanatory statement
This amendment provides that, in a case where electronic material is published on a website or mobile application of the promoter or person on behalf of whom the material is published, the reference in clause 40(3) to a person paying for material to be published does not include making payments related to setting up, operating or maintaining the website or mobile application.
Member’s explanatory statement
This amendment modifies the purpose in clause 41(2)(c) so that it refers to influencing the public, or any section of the public, to give support to or withhold support from a relevant candidate or future candidate only in their capacity as such a candidate or future candidate.
Member’s explanatory statement
This amendment modifies the purpose in clause 41(4) so that it refers to influencing the public, or any section of the public, to give support to or withhold support from a particular candidate or particular future candidate only in their capacity as such a candidate or future candidate.
Member’s explanatory statement
This amendment modifies the purpose in clause 41(6) so that it refers to influencing the public, or any section of the public, to give support to or withhold support from an elected office-holder only in their capacity as such an elected office-holder.
Member’s explanatory statement
This amendment modifies the purpose in clause 41(7) so that it refers to influencing the public, or any section of the public, to give support to or withhold support from a relevant elected office-holder only in their capacity as such an elected office-holder.
Member’s explanatory statement
This amendment has the effect that references to a referendum in clause 41 include a poll held under section 64 of the Government of Wales Act 2006.
“(4) The third condition is that neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.(5) Subsections (4) to (6) of section 40 apply in relation to subsection (4) as they apply in relation to subsection (3) of that section.”Member’s explanatory statement
This amendment provides that clause 42 does not apply in relation to electronic material where the promoter of the material or the person on behalf of whom the material is published has paid for the material to be published as an advertisement.
Member’s explanatory statement
This amendment, and the other amendments to clause 45 in the name of Lord True, clarify that the republication exception in clause 45 can apply where both the original publication and the later republication are carried out by the same person.
Member’s explanatory statement
Please see the first amendment to clause 45 in the name of Lord True.
Member’s explanatory statement
Please see the first amendment to clause 45 in the name of Lord True.
Member’s explanatory statement
Please see the first amendment to clause 45 in the name of Lord True.
Member’s explanatory statement
Please see the first amendment to clause 45 in the name of Lord True.
“(4A) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—(a) the electronic material had previously been published,(b) the person reasonably believed that when it was previously published—(i) section 39 applied to it, and(ii) it was published in compliance with that section, and(c) it was not materially altered when it was republished.(4B) In subsection (4A)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—(a) the information within section 39(3), or(b) the access to such information,as a result of which the person reasonably believed its previous publication complied with section 39.”Member’s explanatory statement
This amendment inserts an additional defence into clause 46 in relation to the republication of electronic material. The defence applies where material has previously been published, the person charged with the offence reasonably believes that, at the time of the original publication, clause 39 applied to the material and it was published in compliance with that section and the material was not materially altered when it was republished.
Member’s explanatory statement
This amendment provides that the Electoral Commission is able to enforce the offence in clause 46(1) in relation to the publication of electronic material which can reasonably be regarded as intended to achieve a purpose within clause 41(9)(referendums) only in relation to a referendum to which Part 7 of the Political Parties, Elections and Referendums Act 2000 applies and where the material is published during the relevant referendum period.
Elections Bill
Monday 28th March 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 96-VI Sixth marshalled list for Committee - (24 Mar 2022)
Baroness Hayman of Ullock
“Unincorporated associations and permissible donors
(1) An unincorporated association required to notify the Electoral Commission of political contributions by paragraph 1 of Schedule 19A to PPERA must make permissibility checks on donations to the unincorporated association in accordance with subsection (2).(2) An unincorporated association must take all reasonable steps to establish whether the donor of a relevant donation is a permissible donor under section 54 of PPERA.(3) In this section, a “relevant donation” is any donation which is either intended for political purposes or might reasonably be assumed to be for political purposes.(4) An unincorporated association must not accept a relevant donation from a person who is not a permissible donor.”Member’s explanatory statement
This new Clause requires unincorporated associations to establish whether a person making a donation for political purposes is a permissible donor and, if not, reject that donation.
Baroness Hayman of Ullock (Lab)
My Lords, there are quite a number of amendments in this group, of which Amendment 197 is mine. I want to pay attention to amendments specifically looking at foreign interference in our elections and some of the consequences of the provisions to extend the overseas elector franchise. Under the previous group of amendments tabled in the name of the noble Lord, Lord Clement-Jones, we discussed foreign interference, but looked specifically at digital materials, whereas this is wider.
By way of introduction, I say that voters deserve to know that elections in the UK are free and fair, and that laws are in place to safeguard them from unlawful influence. The Bill is an opportunity to make that tighter and better. The Electoral Commission recommended introducing new duties on parties, based on existing money laundering regulations, to enhance the due diligence and risk assessment of donations. The reasons behind this are to protect parties further and to build confidence among voters that sources of party funding are thoroughly scrutinised.
Unfortunately, we do not believe that the Bill takes this into account or does enough, as the Electoral Commission recommends. We need an effective regulatory and enforcement regime that ensures that foreign and dark money cannot enter our political system through donations to political parties. We believe there is the risk not only of money coming into the system that should not be there but of losing the level playing field that we have always striven to achieve in our election law. It is disappointing that the Bill so far does not address these problems. Our amendments and those of other noble Lords aim to address this.
As it stands, the Bill creates a paradox, because it opens the floodgates for a potentially large influx of foreign-based money into our democracy while making it harder for civil society organisations, charities and trade unions to have their say—as we heard during the debates on previous days on Clauses 24, 25 and 27—despite the massive contribution they make to British life. We have tabled amendments that would protect our democracy from this foreign money that is already impacting our politics. We believe that this Bill threatens to make the situation much worse.
Concerns about how our democracy is being affected by malign foreign influences have been highlighted in the Russia report and were mentioned in the previous debate. I am sure we will hear more about this from the noble Lord, Lord Wallace of Saltaire, when he speaks to his amendment on this specifically, so I will not go into any more details about the Russia report.
Why are we concerned that the Bill will allow even more foreign interference in our democracy? The system created by the Bill is more vulnerable to overseas interference. It allows a person to call up any and every local authority to say that they were resident in the area 30 or 40 years ago and provide what we think is fairly flimsy proof; I am sure that it will not be a photographic identification, as would be the case for other electors. Having done that, they would then be able to donate enormous sums of money, if they wished. I am sure that the Minister will say that that is not the intention but, if he accepts our amendments, he can be sure that the possibility of this happening is strictly safeguarded.
We have a number of amendments. Amendment 197 specifically looks at whether a person making a donation for political purposes is a “permissible donor”—if not, that is then rejected. My noble friend Lady Smith of Basildon has an amendment that would require donors to be based in the UK, and one that would prevent overseas electors from donating. My noble friend Lord Collins has an amendment about the Secretary of State publishing
“draft legislation to regulate expenditure deriving from donations by non-UK nationals.”
We also support other amendments in this group that have been tabled to provide better security against overseas donations. If the Minister has understood our genuine concerns and intends to close this loophole that will weaken our democracy, he can choose from plenty of amendments that will greatly improve the Bill. We believe that this is a serious matter and that these amendments bring proportionate safeguards.
However, if the Government do not accept these amendments or commit to introducing their own in a similar vein, it will look as if the real motivation behind these changes to overseas voting is to create a loophole in donation law that would allow donors to bankroll Conservative Party campaigns from their offshore tax havens. What other justification is there for changing the law in this way, without closing this loophole?
Let us look at some of the evidence. Research from the Times shows that, through existing methods, the Conservative Party was able to accept about £1 million from UK citizens living in tax havens ahead of the 2017 general election. The Bill takes away the barriers that kept this at just £1 million. With the situation in Ukraine, it is more important than ever to end the flow of dirty Russian money flooding into our country—and that must include political donations, to block the threat of foreign interference in our politics.
We appreciate that it is impossible for someone with only Russian nationality, however rich they are, to donate legally to a UK political party. But what has undoubtedly happened is that a series of people with dual UK-Russian nationality or with significant business links with Russia have donated heavily to the Conservative Party in recent years. Questions about Russian donors that warrant further investigation have been raised in the media during the current Prime Minister’s tenure. For example, Lubov Chernukhin has given the Conservative Party over £2 million, £1.9 million of which was given after her husband, Vladimir, received money from Suleiman Kerimov, a man who was later sanctioned by the United States Treasury, not only for being a Russian government official: he was arrested in France for smuggling in hundreds of millions of euros in suitcases.
Then there is Mr Temerko, who has donated £1.2 million to the Conservative Party. The problem is that he used to operate at the very top of the Russian arms industry, with connections high up in the Kremlin. He works with Mr Fedotov, who is a key shareholder in Aquind Ltd, which the Guardian reports has donated £700,000 to the Conservative Party, along with another firm. This is unfortunately the same Mr Fedotov who, according to the Pandora papers, has revealed that his fortune was made through an offshore financial structure in the mid-2000s, at about the time that he was allegedly siphoning funds from the Russian state pipeline company, Transneft.
Another big Tory donor in the Johnson era is the businessman Mohamed Amersi, who has given £258,000 over the period. He advised on a lucrative telecom deal in Russia in 2005, with a company that a Swiss tribunal subsequently found to be controlled by an associate of Russian President Vladimir Putin. We consider this extremely concerning. One reason for this is that the Sunday Times recently reported that high-value Conservative donors were invited to participate in an “advisory” group, during which they were allowed to bend the ear of the Prime Minister, senior Ministers and officials.
Members of the public have a pretty low opinion of politicians much of the time. Reports of outside influence that threatens to undermine our democracy serve only to further drive down trust. The Bill provides an opportunity to increase trust in our political system, but, unless this loophole is closed and political donations are cleaned up and given proper scrutiny, trust will continue to fall. If we are to open up our system by allowing far more overseas electors to vote, we must at the same time ban them from making donations to individual politicians and parties. That is the only way to ensure that our system does not receive unwarranted donations and influence from outside. I beg to move.
Lord Wallace of Saltaire (LD)
My Lords, my name is on several of the amendments in this group, and I will therefore speak to some of them.
Amendment 197 would tighten the rules on permissible donors and incorporated associations. Amendments 198 and 199 would limit permissible donations to companies and individuals resident in the UK, as would Amendments 204, 212D and 212E. Amendments 200 and 212G, the longest in this group, offer different language on the need for much more careful scrutiny of donations. Amendments 212A, 212B and 212DA, with the reference to the CSPL, would put caps on donations. The Minister will have noticed that, among other things, we are concerned that people who do not live in the United Kingdom should not be allowed to donate to political parties, even if they are on the electoral register.
In a facetious moment, I wondered whether I might table a separate amendment banning British citizens who live in Monaco or the Channel Islands from donating to political parties. Since the major motive of British citizens moving to those places is to avoid tax, that would be a way of saying that we do not want people who are deliberately avoiding paying tax in Britain to be funding political parties here, which we know happens. Some people believe that the main factor in extending overseas voting in the slipshod way it is being done is to make it easier for tax exiles to make major donations to the Conservative Party. “Perish the thought”, the Minister may say—but not everyone in the Conservative Party is as honest as he is.
I will talk mainly about Amendment 200, which some noble Lords may have noticed makes a reference to the ISC report on Russia. I remind the Minister that the Intelligence and Security Committee specifically recommended that the evidence it had collected on foreign interference in British politics should be published as fully as possible, and that the Government have said that they see no need to do so because, in their opinion, foreign interference has not been successful. That seems to be a mistake, and I hope that the Government will come to their senses and publish that evidence. So long as it remains unpublished, it will look as though the Government have something embarrassing that they are trying to hide.
The noble Baroness, Lady Hayman, mentioned a number of major donors. One has to say in passing that it is astounding that we are now six years after the 2016 referendum and we still do not know where the largest single donation to the Brexit campaign came from. I was told by a senior figure in the City that everyone in the City knew exactly where it came from and that it had come from a foreign state. I do not know that—but we ought to be informed and we ought to have had some ability to discover where that £8 million came from.
Lord Sikka (Lab)
My Lords, I will speak to Amendment 212. It is a great pleasure to follow the noble Lord, Lord Wallace, and I also fully support the position taken by my noble friend Lady Hayman on this Bill. There are a number of amendments here which all have a common concern with preventing abuse and ensuring that there is a level playing field, and my amendment is a contribution to that. Amendment 212 seeks to end abuse of “permissible donors” and prevent the flow of foreign money into UK political parties.
The Political Parties, Elections and Referendums Act 2000 was really shaped by the Committee on Standards in Public Life’s fifth report, which was published in October 1998 under the chairmanship of Lord Neill of Bladen. In developing its recommendations, the committee invited evidence and considered the issue of foreign donations at some considerable length—chapter 5 of the report covers that. In its evidence to the committee, the Conversative Party stated:
“in the future we will not accept foreign donations.”
That appears on page 69 of the report. There was concern about abuse, and on page 74 the Neill committee report said:
“It is possible to imagine that a foreign corporation wishing to evade the underlying purpose of the provisions which we advocate might cause to be brought into being a UK subsidiary, the sole function of which would be to receive money from the foreign corporation and then channel it to the political party of its choice. This would clearly be an abuse of the system”.
That is a very powerful statement. The committee recommended that the legislation should consider:
“making it a criminal offence to attempt to evade or to render nugatory the statutory provisions limiting donations to those coming from ‘permissible sources’. It would, for example, be a crime for an individual in the United Kingdom, who did not, himself or herself, have the resources to make a large donation, to become a mere conduit pipe through which foreign money was channeled to a particular party.”
The legislation has been grossly circumvented and exploited. I will give a couple of examples of this—that is all I will have time for, although I am sure that the Ministers may be able to add more examples, given their experience and knowledge of the party. The first example relates to Lord Ashcroft, who was once upon a time a treasurer of the party. Around 2008 and 2009, I was asked by a number of media outlets to investigate his donations to the Conservative Party, which added up to £5,137,785. These donations were made by a company called Bearwood Corporate Services, a limited company registered in the UK. However, it never had sufficient profits to be able to pay the donations. My investigations uncovered a complex network of corporations behind it, and the aim of this network was to obfuscate the money trail.
The trail of money began with a company called Stargate Holdings Ltd, which was based in Belize and controlled by Lord Ashcroft. The moneys went in various packages from there to a UK-based company called Astraporta (UK) Ltd. From there, the moneys went to another company called Bearwood Holdings Ltd, and then from there to Bearwood Corporate Services Ltd, and then from there to the Conservative Party. The attempt was to disguise the origins. None of the companies disclosed the payment of political donations. They were all carefully constructed to ensure that they met the definition of a small company, because small companies do not need to disclose political donations. The UK companies involved in this chain either did not trade at all or had insufficient profits to enable them to make the donations. For all practical purposes, the moneys came from Belize and were finally handed over to the Conversative Party. I am sure that a lot of legal advice would have been taken in order to complete that particular route. Clearly, the moneys originated from abroad.
I reported the matter to the Electoral Commission. I told the commission that I was investigating it and what I had initially found. At the minutes of a meeting, the commission noted that it had heard from me. However, in the end, no action was taken by the Electoral Commission.
The second example, which has already been cited, relates to the company called Aquind. This company was incorporated in the UK in 2008, and over many years it remained dormant, but it has paid large sums of money to the Conservative Party. As recently as 2019-20—I have looked at its accounts—the company had no turnover. Indeed, it had no turnover at all at any time in its life. It never made any profit. So, the donations made by the company to the Conservative Party did not originate from any trade or profit in the UK; they obviously came from abroad. The company says that it is ultimately controlled from Luxembourg. I have not looked into who controls the Luxembourg entity, because there is not sufficient time, but I would be happy to take that assignment for the Conservative Party if it wished.
These two examples show how determined donors have been able to play our legal system and bypass it by carefully constructing transactions, and that is not helpful. My suggestion is that companies that make political donations should be able to make them only if they have sufficient realised profits. The term “realised profits” is well understood in the Companies Act. It is nothing new, so I am connecting to it. It generally means the company must generate profits that must result in cash or cash equivalent. If it is not trading, it cannot generate realised profits. This is a way of ensuring our legal system is not abused.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I put my name to Amendment 200 of the noble Lord, Lord Wallace, and I have Amendment 210 of my own. The noble Lord, Lord Wallace, has done most of the heavy lifting on Amendment 200, as he explained. I joined with him because I thought that, where we dealt with donations and national security risk, an additional power for the Electoral Commission—the fit and proper test—might be helpful. I tabled the amendment separately, and then, as the noble Lord explained, we wound them together so they are now one amendment.
The concept of a fit and proper test is well developed. Importantly, it lies at the heart of the powers of the Financial Conduct Authority and other financial regulators. It is important because it can put under the microscope the behaviour of individuals, not just a company itself. It has been found that, when people find that they themselves are going to go under the microscope as opposed to the company they work for, that tends to concentrate the mind rather wonderfully. The fit and proper test has a number of aspects to it that might usefully form part of the Electoral Commission’s armoury: honesty, integrity, reputation, competence and capability and financial soundness, all of which would be helpful for the Electoral Commission to have.
What I was seeking to do with the amendments here was propose a similar arrangement in respect of donations from overseas where there was a security risk. This amendment is not going to try and lay down what the fit and proper test should be in respect of this area, because that will need to be done specifically. I just gave the examples from the financial regulator to show the sorts of areas I think the Electoral Commission could usefully focus its activities on. This amendment, along with the broader amendment that the noble Lord, Lord Wallace, tabled, will give the Electoral Commission a full set of tools to police this important part of our national life.
I briefly turn to Amendment 210, which is also in this group. It is a probing amendment—it is not in a final form by any manner of means—but it would prohibit individuals or companies donating to registered political parties where they have been awarded government contracts of more than £100,000. The broad purposes would be to prevent conflicts of interest, to mitigate any appearance of impropriety relating to the awarding of an individual contract, and to contribute towards maintaining public trust and confidence after a number of scandals—Greensill springs to mind.
Lord Rooker (Lab)
My Lords, I will say a few words about Amendment 212G, which is in my name and that of the noble Lord, Lord Butler of Brockwell. It concerns risk assessment and due diligence policies, controls and procedures by political parties. This would be a major change for political parties, and is very strongly suggested by the Committee on Standards in Public Life, particularly in chapter 4 of its report published in July last year. This contains several recommendations and is a very powerful case for anti-money laundering style checks. Like others, it specifically cites the Intelligence and Security Committee’s Russia report at paragraph 4.24. I shall give some examples later.
Dirty money in UK political finance leaves parties exposed to malign influence, fosters dependence on the proceeds of crime and other dubious sources as a source of party finance, and, as my noble friend said, risks undermining the integrity of the electoral system. Under PPERA 2000, political parties are not required to run anti-money laundering checks on donors. There is no indication that UK political parties do robust checks on the source of donations, nor that parties ever reject donations after such checks have been made. I would very much welcome being contradicted on this.
As the UK’s anti-money laundering framework has progressively tightened over the last decade—I applaud the Government for the changes they have made—the checks that political parties should undertake have stayed largely unchanged since 2001. Examples from the media suggest that if parties check the source of donations at all they are woefully inadequate and fail to prevent the flow of tainted money into UK politics, with damaging effects on the health of our democracy.
The Electoral Commission, which the Government clearly do not like, has argued since 2018 that risk management principles from anti-money laundering checks by business could apply to election finance. This would greatly increase transparency for voters. The Committee on Standards in Public Life has also recommended that.
As I was listening to a CD in the car the other week, the present system reminded me of the song “Money, Money, Money”. I will misquote Tim Rice’s lyrics from “Evita”; I have changed only one word, and I will not try to sing it: “When the money keeps rolling in, you don’t keep books. You can tell you’ve done well by the happy, grateful looks. Accountants only slow things down, figures get in the way”. That is the reality of our political parties at present: they do not do the checks.
So how does this amendment address the problem? It would update PPERA to require political parties to develop and publish a reasonable and proportionate risk-based policy for identifying the true source of donations above the figure of £7,500. Parties would need to have reasonable and proportionate risk assessment and due diligence controls and procedures in respect of those policies; the framework of the policies could be set out in statutory instruments.
For any donation or aggregated amount within a year exceeding that figure, parties would need to
“undertake enhanced risk assessment and due diligence checks”
to identify
“the donor’s principal place of business if different from its registered office … the nature of the donor’s business … the people with significant control of the donor’s business, and … the names of the donor’s directors or senior persons responsible for its operations.”
Donors giving more than £7,500 would need to give a written declaration as to whether their business is in a high-risk sector—these are listed in proposed new Section 54C(13) of PPERA—and whether they have been
“under formal investigation by a regulator or law enforcement body for, or convicted of,”
a range of offences; these offences broadly reflect the mandatory grounds of exclusion in the Public Contracts Regulations. Further, a political party would need to
“include a statement of risk management in its annual accounts that identifies how risks relating to the true source of funds have been managed.”
All major UK political parties have accepted potentially suspect donations, including from individuals and companies that have later been found to be involved in economic crimes.
I want be fair and clear on this; I will give one example from the Labour Party. However, as the party in government since 2010—although it constantly forgets this—the Conservative Party has accepted the majority of such donations in recent years. Russia’s brutal invasion of Ukraine has increased scrutiny on the large sums that the Conservative Party has received from donors with links to the Russian state. I will deal not just with links to the Russian state but with those who have been involved in criminal activity and economic crime, and I will use media and official sources to do so.
My noble friend referred to the £1.9 million from Lubov Chernukhin so I will not go into detail on that, but my source for the following example is the Guardian. Between May 2018 and May 2021, the Conservative Party accepted £366,765 from Aquind. It was first reported in January 2021 that Aquind’s major shareholder, Viktor Fedotov—a Russian-born oil tycoon—was alleged to have been involved in a major fraud in Russia during the 2000s involving the siphoning of funds from the Russian state pipeline monopoly Transneft.
My source for this example is the Financial Times. Between September 2018 and January 2021, the Conservative Party accepted £484,570 from Mohammed Amersi; he figures in a lot of examples but this one is worth going over, even though my noble friend alluded to it. In 2006—well before that time—a Swiss tribunal found that Amersi was closely involved in a business deal involving one of Russia’s largest telecommunications companies, which was later revealed to have been controlled via Cyprus by Leonid Reiman, then Vladimir Putin’s telecoms Minister. Reports in the press claim that Amersi acted as an adviser for a Swedish telecoms company on a transaction that was later accepted by the company as a bribe to the first daughter of Uzbekistan’s ruler, Islam Karimov. Despite the existence of an internal Conservative Party memo circulating in late 2020 warning of Amersi’s business dealings circulating, the party accepted an additional £50,000 in January 2021. Naturally, Mr Amersi has denied any wrongdoing.
My sources for this example are the Daily Mail, the Financial Times, the Independent and the Guardian. The Conservative Party accepted £202,540 from New Century Media Ltd, which represents
“an extensive list of state-connected Russian clients.”
Whichever way you check, it is basically a Russian front organisation. These clients include the Firtash Foundation, which is run by Dmitri Firtash,
“a Ukrainian gas and chemicals oligarch wanted by the US for bribery”.
He still is wanted; I think he is locked away in Austria. Of course, as I said in a recent speech, Ministers at the Ministry of Defence did business with him regarding the selling of a property to him while he hides from the United States.
New Century Media’s £900,000 a year contract with Firtash includes reputational management, personal introductions to individuals within politics, and support for his passport application. The firm has other notable—or should we say, in its terms, successful—dealings, introducing figures close to the Putin regime to Conservative politicians via donations. This included the introduction of Russian MP Vasily Shestakov and billionaire oligarch Andrei Klyamko, both close friends of Putin, to then Prime Minister David Cameron at a donors’ ball in 2014. New Century’s owner had already arranged for Shestakov to meet Prime Minister Cameron at the previous year’s ball in 2013. New Century also arranged for Sergey Nalobin, a senior diplomat at the Russian embassy, to meet Prime Minister Cameron at a Tory donor dinner in 2012. Nalobin, the son of a senior FSB spy, was expelled from the UK by the Home Office in 2015.
These Russian meetings with Cameron when he was Prime Minister take on a really new shape after the astonishing letter in the Financial Times last Wednesday, 23 March, from Carl Scott, a retired air commodore. He was the UK defence attaché in Moscow between 2011 and 2016, sending back regular reports, pointing out Putin’s long march to war in report after report to the Government. At exactly the same time, Cameron was Prime Minister and being nobbled and cossetted by these Russian interests.
The Independent noted in 2014 that:
“Unlike the vast majority of lobbying firms, New Century fails to provide details of its clients to the industry’s voluntary register of interests.”
While New Century Media did subsequently register with the Registrar of Consultant Lobbyists in November 2019, it has still never declared a single client.
As I was preparing to speak when I thought this might come up last Thursday, I was casting around with respect to my own party. All I had to do was open the Times last Wednesday, 23 March, to see pages 20 and 21 devoted to the “king of bling”, one Peter Virdee. The opening paragraph stated that:
“One of Europe’s most wanted men was welcomed as a donor by the Conservatives and Labour despite being under investigation for bribery and fraud.”
Even after his arrest by the NCA, both parties continued to take his money. It does appear from the figures given in the Times that he favoured Labour somewhat less than the Conservatives, but we still took the money. He lied about his membership of charity trusts, the ENO and NSPCC. It is not a good story for Labour, and even less so for the Conservatives.
There are other dubious donations from sources not connected necessarily to the Russian state. I will just give one, because of time: £726,300 from Javad Marandi, an Iranian businessman with close links to the kleptocratic Azeri regime. Marandi’s business relationship with individuals reportedly connected to the Azerbaijani laundromat was first identified in 2017, after which the Conservative Party accepted the majority of his total donations of £520,000. The source there was the Guardian and the OCCRP, the Organized Crime and Corruption Reporting Project.
These are just a few examples. There are more I am not going to use, and other Members of the Committee will have their own. It is a simple process: political parties and other voluntary organisations—I fully accept that they are voluntary, but they are not charities—are more regulated now than they used to be, and it is just as well. Given the importance of the money, I cannot see any reason why the approach of anti-money laundering regulations that the Government have used over the last decade for other companies cannot be used for political parties. I would be interested in due course to know the views of the Government.
Lord Butler of Brockwell (CB)
My Lords, I put my name to the amendment that has just been introduced by the noble Lord, Lord Rooker, because this is an important subject. The disinterested recommendations of the Committee on Standards in Public Life need to be taken seriously, and this is probably the last opportunity to do so before the general election. By the way, I apologise to the noble Baroness, Lady Hayman, for missing the first few sentences of her speech.
The amendments in this group seem to have three common themes. The first and most important is integrity. Political parties need finance to support their operations, but money should be given to meet their expenses because the donor believes in our electoral system and in the principles of a particular party, not because he or she has an ulterior motive of self-interest. The second theme is transparency. The integrity of a donation can be judged only if its source is known. If its source is unknown—and, more especially, if it is disguised—it is very likely that the motive for the donation is an ulterior one. The third theme is to ensure that the money is clean and does not derive from activities contrary to the public interest or even criminal—what is often called dirty money. Those themes are interwoven. Dirty money can be detected only if there is transparency so that the source of the donation is known, and dirty money will almost always have an ulterior motive.
Some of the previous amendments spoken to in this group have been concerned with transparency, and in general I support them. Amendment 212G, to which I have put my name, is principally concerned with the third theme, the detection and prevention of dirty money discrediting our electoral politics. The amendment, which is very long—I did not draft it myself; I owe it to the organisation Spotlight on Corruption—can be best summed up by its opening words: it would impose a duty on political parties to
“develop and publish a reasonable and proportionate risk-based policy for identifying the true source of donations”
above £7,500.
The point that I want to emphasise is that this amendment should be pushing at an open door. All political parties want and need financial support for their activities, but all political parties are discredited if it turns out that in one way or another the money is tainted. The amendment might be described as helping political parties to protect themselves—not least to prevent the embarrassment that comes later, on a scale that very often entirely undoes the benefit of the donations that they have received.
All parties have fallen on their faces over this issue. A great deal of reference has been made to the Conservative Party but I remember, as will many noble Lords, the fuss in the early days of the 1997 Labour Government about a donation of £1 million that the party had received from Bernie Ecclestone. He had a vested interest in the use of tobacco advertising on Formula 1 cars, while the Government were thinking of banning such advertisements. Mr Ecclestone had given the Labour Party one substantial donation and was offering a further one.
Prime Minister Blair asked Sir Patrick Neill, then chairman of the Committee on Standards in Public Life, whether the party could accept the further donation. Sir Patrick Neill advised that, not only should the party decline the further donation, but that it should give back the earlier one. To his credit, I believe Mr Blair accepted that. Nevertheless, there was a great fuss and Tony Blair was severely embarrassed. Some may remember that he had to give a television interview in which he defended himself by saying that most people thought that he was a “pretty straight guy”. I think most people did think that. I am sure he wished he had not been put in that position.
I can see no conceivable reason why political parties should be opposed to having a protective machinery of the sort proposed in Amendment 212G. It implements, as the noble Lord, Lord Rooker, has said, three specific recommendations in the July 2021 report by the Committee on Standards in Public Life. It reduces the risk of damage to the reputations of all political parties. Above all, it helps to protect our country’s electoral system and safeguard the integrity of our political life.
Lord Rennard (LD)
My Lords, Amendment 212E, in my name, seeks to draw attention to a principle Parliament has previously agreed and that should now be brought into force. The Political Parties and Elections Act 2009 was discussed, and agreed, in much more consensual debates than is the case with the current Elections Bill. Parliament then agreed that donations and loans from an individual that are worth over £7,500—either individually or in aggregate over a calendar year—would have to be accompanied by a new declaration confirming that the donor is resident and domiciled in the UK for income tax purposes.
The Electoral Commission explained that donors would have to make the new declarations, and that those it regulates would have to ensure that they receive a declaration in respect of each relevant donation and add up donations they receive below £7,500 to check whether a declaration is needed. But this provision was not subsequently introduced. The consequences of this failure, and the real reasons for it, soon became clear. All the main parties have received donations from people who are not domiciled here and do not pay taxes here. The scale of the funding involved seriously distorts our democracy. After the 2015 general election, the Guardian reported:
“The Conservatives have raised more than £18m from wealthy donors who were domiciled abroad for tax purposes, research shows. Labour have also benefited from non-dom donors and accepted gifts of at least £8.55m. The family that controls the Lib Dem’s biggest corporate donor is also domiciled abroad”.
The provisions of the 2009 legislation should probably have been brought in before the 2010 general election, because the relative sums raised indicate why Governments since 2010 have not seen it as being in their interest to introduce these provisions. Ministers since then have tried to maintain that that the 2009 legislation approved by Parliament is unworkable, which is very convenient. But this is not the case as the Electoral Commission produced proposals nine years ago to make it workable. It is time that we insisted that all the parties—and simultaneously—are unable to take donations from those who are abroad simply to avoid paying taxes here. Only when no party can accept donations from people who may be tax exiles can all parties be expected to adhere to this principle. This amendment would bring that 2009 legislation into effect. We should not have a political system which might be described as “the best that money can buy”.
Lord Grocott (Lab)
My Lords, I agree with much of what has been said so far, although I think an obvious connection—an obvious debate that we still need to have—between this question of donations from overseas and the massive extension of the electorate living overseas has been missing. The two issues are related and they raise matters of very similar principle. This extension of the franchise would be a massive change: it is an increase in the potential electorate of around 2.5 million people over a couple of years.
Of course, it will be argued that, in practice, most of those who could register as electors would not. In 2019, when the rule was that only people who had been domiciled abroad for 15 years could vote, I think about 204,000 people actually voted, which represents a turnout of about 17%, but there is absolutely no guarantee that that low turnout will persist. I say this particularly to the noble Lord, Lord Wallace, who argued about the importance of connecting different aspects of the Bill, which I agree with. If we move to a system of automatic voter registration—which I am personally in favour of, but I do not expect it to come about as a result of this Bill—you have a potential additional electorate of 2.5 million people.
Once you concede the argument that it is okay for people with virtually no practical connection with this country who have lived abroad for 40, 50 or 60 years to get on the register by “attestation”—that is the word—if there is no way in which you can establish as a matter of fact that they once lived or voted in a particular constituency, albeit 50 years ago, they can get on the register by means of someone else who does qualify attesting on their behalf that they are in fact the person who lived there and they are entitled to vote. It is much easier to get on the electoral register from abroad in many respects than it is at home, particularly when we have voter ID established in the way being proposed.
But, to me, the principle at stake is about individual constituencies. To remind the House, at the last election the figures for the proportion of overseas electors in some constituencies were small. The figures are small at the moment. For example, in London and Westminster it was 2.43%, in Hammersmith it was 2.12%, and in Islington it was 2.36%. They are relatively low figures, but, of course, if you increase the electorate by potentially 2 million, even if the turnout is low, you could end up with 5,000 or 6,000 people in individual constituencies who have no connection with the area worth speaking of at all being able to vote. This could result in particular decisions being made, as they can be at elections, of crucial importance to the people living there. The most dramatic example would be a proposed hospital closure, involving very strong views on either side of the debate. The 5,000 or 6,000 people who have never lived in the constituency and who will never have to cope with the circumstance of the hospital closing could be the determining factor in the election. I am opposed to that; I just think it is wrong. It damages our democracy if there is no residence, no contact and, in truth, no responsibility for the decisions that are made.
I think what is true of voting is also true of money: if you have a situation where people who are on the register are also permitted donors, there can be a totally distorting effect—I am not going to go into the various figures that have already been given—possibly on the outcome of the election itself. If huge sums of money come from a potentially very large number of overseas electors—or even someone who is not particularly interested in voting but thinks “Well, as soon as I become someone on the electoral register, I’ll be able to donate with impunity and I’ve only got get someone to attest that I once lived in a particular area and away we go”—you have a situation where it is now money that might determine the outcome of an election. This is money from people with nothing but a slender and tenuous connection with the country, in this case, in which they are not going to be living with the consequences of their money having a significant effect on the outcome of a general election.
Lord Wallace of Saltaire (LD)
My Lords, before the noble Lord sits down, I remind him of the third link in this, which is that campaigning for overseas voters is going to be very expensive and the advantage will go to the party that has the most money, in terms of contacting them and soliciting their vote. So, in terms of a level playing field, the addition of another 2.5 million overseas voters tips the balance even further in favour of the richest party.
Baroness Bennett of Manor Castle (GP)
My Lords, this has been a hugely interesting and terribly important debate. I am now going to take what you might describe as the traditional Green role of going much further than anyone has gone before in seeking to deliver what the noble Baroness, Lady Hayman, called for in introducing this group: free and fair elections. That is what I think we are all aiming for. Before I do that, I think perhaps I should—given the direction the debate in group one today took—declare in retrospect my position as vice-president of the LGA, and apologise for not doing that earlier.
Given the hour, I am going to restrict myself to commenting on Amendments 212A and 212B, which appear in my name. They do bear some relationship to Amendment 212DA in the name of the noble Lord, Lord Stunell, which goes in a similar direction but in a more limited way. Like many noble Lords, I am drawing particularly on the 13th report of the Committee on Standards in Public Life entitled Political Party Finance: Ending the Big Donor Culture—which is what my amendment seeks to do.
Amendment 212A amends the Political Parties, Elections and Referendums Act to set a donation cap of £500 from any individual donor or corporation to each party or candidate, either with a single donation or cumulatively by multiple donations through a calendar year. Clause 1(2) specifically excludes trade unions from that cap, which I think deserves some explanation. One of the Green Party’s policies for a sustainable society states:
“Donations from democratic membership organisations (such as trade unions) provide a useful method for ordinary people to pool resources in order to exert influence”.
It could be argued that there may be other organisations similar to that—I think of the RSPB, perhaps, as an example—that might choose, as a group, to give a larger donation. But the practical reality is that most of those are charities, and our charity law means that is not practically going to be an issue.
I would like to acknowledge that there is potential flaw in the way this amendment is written—and it certainly needs some more work—in that it does allow a donor to give £500 to potentially every single candidate, which would obviously come to a very large sum of money, which is not the intention of the amendment. This was done because the donation rules apply separately to parties and to individual candidates—but this is something I will work on in terms of this amendment.
With that proviso, this is an amendment that could truly revolutionise our elections. Indeed, it could go a long way to making the United Kingdom a democracy. Currently, very large donations are a major factor, perhaps a deciding factor, in our elections and other votes. The dictionary definition of an oligarchy is “a small group of people having control of a country or organisation”. I might add “party”. There is a strong case for saying that that fits the UK better than the definition of a democracy. Perhaps that has always been the case, but certainly now, since we have a situation where technology allows huge online spending to reach voters in a targeted way—far more than anyone using up their shoe leather to knock on doors and deliver leaflets possibly could.
I am not really expecting the Government to say, “Yes, we want to transform our elections and make them wonderfully democratic and set a £500 maximum donation limit in a year”. But I have a real question which I would very much appreciate an answer to from the Minister. I note that, responding to the Committee on Standards in Public Life report in 2011, the then coalition Government said:
“The amount any one individual, organisation or institution can give in political donations should be limited.”
So I ask the Minister: do the Government accept that there should be a limit, whatever that limit is, on how much one organisation or individual can give? Should it really be the case, as it is now, that there is no limit?
I note that a political party’s spending is capped at £30,000 for each constituency that it contests in a general election. So if a party stood a candidate in each of 650 UK constituencies, its maximum spend would total £19.5 million. Indeed, I am indebted to the Library for some very rapid research this afternoon. The figures have not yet been fully published, but it would appear that the Conservatives spent not very far off £16.5 million in the 2019 election and about the same in 2017, according to the published figures.
That might seem to be a kind of limit. One donor could fund an entire general election campaign. But, of course, that spending covers only the regulated period and only the regulated spending, which is far from everything that political parties spend. Funding outside election periods would, so far as I can see, be utterly unlimited.
If you think I am talking in terms of theoretical possibilities here, you might want to look across the channel to the United States of America whose political direction, for many ills, we very often follow. A useful report produced last year by Issue One, a non-partisan group that seeks to reduce the influence of money in politics, totalled some of the contributions from what it called “megadonors”—multiple Wall Street billionaires and investors, a Facebook cofounder, a shipping magnate and an heir to a family fortune dating back more than a century. If you look at those figures, you see that at the top of the list is Michael Bloomberg, the former mayor of New York City, who spent $1.3 billion, which is about £1 billion. Of that, $1 billion went towards his own failed campaign for president in 2020.
This is a pattern that we are increasingly seeing around the world, where money can buy you the politics you want—or at least you can make a very effort at it. It seems that the natural conclusion is to buy yourself, or the party created or reshaped in your own image, office. In my native land, the United Australia Party has said that in the forthcoming federal election it plans to spend more than it did in 2019, when the figure topped 80 million Australian dollars, which is about £45 million. It was previously known as Clive Palmer’s United Australia Party and the Palmer United Party, and it was formed and overwhelmingly funded by the mining magnate Clive Palmer.
I would be very interested in anyone’s answer to the question of why people should be able to buy the politics they want and why people can make serious efforts to buy control of the whole country. That is what is happening and we have nothing in our law to stop it. A lot of our discussion in this group has focused on foreign money in politics and we have heard many powerful accounts of why that should be so. For example, the wife of President Putin’s former deputy Finance Minister, a British citizen acting legally, has donated almost £2 million to the Conservative Party since 2012, making her the largest female donor in history, but if we focus on foreign donors, that only partially addresses this issue.
Why should anybody, whatever their residence, status or citizenship history, be able to buy our politics? If they are a businessperson or an inheritor of family wealth, surely they are likely to influence politics in the direction of maintaining that wealth. Why should they be able to do that? I am sure there is many a nurse tonight, struggling hard to do his best for his patients in the NHS, who would love to influence our politics to improve its resourcing. A farmer might have very strong thoughts about the direction of UK trade policy and its impact on food, health and environmental standards. A family carer, struggling along on an allowance of £87 a week, might have strong views on the adequacy of that. Why should their voice be any less than anyone else’s?
I was discussing this amendment with a Member of your Lordships’ House who I will not identify, because it was a private conversation. They exclaimed in a tone that I think could best be described as horror, “But we couldn’t run an election on that!”—noble Lords might guess that they were not from the Green Party. I invite your Lordships’ House to consider a different kind of election, one based on passion, ideas, commitment and genuine engagement with the public, rather than a continual bombardment of slogans—which would probably consist of three words—endlessly, from every media source, as a replacement for actual politics and policies.
I understand that there are some ways of reaching voters that quite reasonably cost money, such as leaflet or video production, so I agree that Amendment 212A implies state funding for political parties. We collectively get the politics that we fund. If we all paid for politics, it would be our politics—what a refreshing idea. I think we will get to those points in the ninth group, with the very interesting amendment from the noble Lord, Lord Sikka, so I will leave my comments on that till then.
Amendment 212B is rather more technical. There will be people in your Lordships’ House who know a great deal more about this than I do, and I would be very interested in any comments. This amendment would revive Section 68 of PPERA, requiring declaration of multiple small donations by an individual which total £5,000 or more in any year. The figure of £5,000 is what was used in Section 68 of PPERA originally. I have tabled this amendment because, when I had some experts look at the donation rules for Amendment 212A, we realised that Section 68 of PPERA had been repealed, but neither our team, nor the House of Lords Library, could find any justification recorded for the repeal. It does not seem to have been discussed in any parliamentary debates.
It ought to be revived because of the online nature of many political donations now. It is possible and easy to make many small donations that could total a very large figure. This perhaps sounds theoretical, but a person could donate £1 billion by making 1 billion donations of £1. None of those donations would have to be declared to the Electoral Commission and none of the verification that is done with larger donations would have to be made. That is obviously wrong. Questions have been asked about recent election donations. I will not go into those, but I have identified a clear risk here. Indeed, both of my amendments identify very clear risks that have to be addressed.
Viscount Stansgate (Lab)
My Lords, I support the amendments tabled by my noble friend Lady Hayman.
In view of the lateness of the hour, the Committee will not welcome my repeating the arguments that have already been made, but the noble Lord, Lord Butler, correctly identifies the qualities which are needed for what we all want: an electoral process that has integrity. Whatever our differences around the Chamber, none of us would want to live in a world where you can, to put it bluntly, buy an election. The noble Baroness, Lady Bennett of Manor Castle, referred to the United States. In its constitution, under the definition of “free speech”, people can spend as much money as they like in furtherance of their own beliefs, which is why billionaires can buy their way into public office. We do not want that system here.
Amendment 212C has not been moved yet, but I want to refer to it because it seeks to make it an offence for anyone who
“makes false statements about the integrity of the electoral process.”
I would call that the Donald J Trump amendment, because I cannot think of a single person in history who has made more false statements about the integrity of any political process than the former President of the United States. However superficially attractive Amendment 212C may be, the better safeguard to protect the integrity of our system is that outlined by the noble Lord, Lord Butler.
Lord Stunell (LD)
My Lords, I think that I am now the 11th Peer to tell the Minister that the legislation is not strong enough when it comes to protecting our elections from the financial bigwigs. Indeed, there was a report from the Committee on Standards in Public Life last July. I hope that the noble Lord, Lord True, is back with us for the next stage of this Bill, but we have had some discussions with him about how many of those recommendations in last year’s report the Government believe that they have incorporated in this Bill. He has been a little bit coy about that; I might perhaps try to tempt the noble Baroness or the noble Earl to try a little harder on which of the 47 recommendations in last July’s report by the Committee on Standards in Public Life the Government believe that they have incorporated in this Bill, and which ones they are positively rejecting.
However, I want to speak about a preceding report from the Committee on Standards in Public Life in 2011. I thought that maybe if it had a 10-year run-in, there might be a better chance that we would achieve success in this Bill from some of its recommendations. Noble Lords will know that I am a member of CSPL, but I certainly was not in 2011—I was fulfilling a different role then. That report reviewed the case for having any kind of financial limits on elections. The top risk is the risk of capture of a political party by donors, capture of its policy, its practice and its personnel. Regarding policy, some of us have been frustrated for a long time by the inability of successive Governments to get to grips with tax havens around the world. I am sure that it is completely unconnected that a number of donors live in tax havens, but it could be something which the public would be suspicious about, even if we are far too knowing to believe that a party might be influenced by that.
What about the difficulty in bringing offshore banking onshore? Could that have anything to do with where donors are starting from and where they are banking? What about getting a beneficial ownership register of all companies and making Companies House work properly? Again, we find very little progress, which is very much in the interests of people who make big donations to political parties.
So policy can be affected, perhaps by slowing it down or perhaps by driving it slowly into the sand. Some of us think that this Bill is a victim of that, with so many proposals not grasped but avoided. My noble friend Lord Clement-Jones gave some powerful evidence about the way in which there has been a failure, in this Bill, to confront electronic campaigning, as has been recommended to the Government by many bodies and persons.
There is a risk of capture of policy and of practice, and that is in how government acts and what happens. I point to the free market for high-end property purchasing in London, which has suddenly come to a grinding halt, at least as far as some purchasers are concerned. Obviously, it serves the economy of the UK fine to sell hugely overpriced houses and leave them empty, while various dictators in the former Soviet Union sit on their extracted wealth, but it is not all about foreign donors.
I bring to your Lordships another situation where government practice has been distorted by motives that are not necessarily in the best interests of public service. I refer to the company PPE Medpro, reported in the Guardian this morning as having secured a contract for the supply of 25 million sterilised surgical gowns during the pandemic. Those gowns were bought by PPE Medpro for £46 million and sold to the Government for £122 million. In this case, the money is going in the opposite direction to the one we have been talking about for most of this group of amendments. According to the Guardian report, it turns out that those sterilised surgical gowns were, in fact, unsterilised; they were not double-wrapped and they a had false or misleading BSI test number on them. I understand the Department of Health is trying to get its money back, but the mindset that led to that fiasco unfolding is part of the capture, by big donors and big-donor thinking, of a political party.
Then there is personnel—policy, practice and personnel. It is almost embarrassing to say it, but recommendation 19 of the 2011 report of the Committee on Standards in Public Life was that there should be full publication of the criteria for political appointments to the House of Lords. I plead guilty as a political appointment to the House of Lords, as probably should a number of other noble Lords here, but it makes the point that there is an unhealthy connection between money, donations and preferment. It is not simply the House of Lords that is in scope.
Amendment 212DA in my name repeats two of the recommendations from that 2011 CSPL report. In fact, the noble Baroness, Lady Bennett of Manor Castle, quoted from it but, for the purposes of time, left out some words beyond the end of that quote. Recommendation 1 states that there should be a limit of £10,000, which is the figure I have included in this amendment. There should be a democracy of donors, as was spelled out by the noble Baroness, Lady Bennett.
Recommendation 6 of that report figures in the second part of my amendment, in that there should be a reduction in national election spending limits of 15%. That was from the CSPL in 2011; the election spending limits had been in place for five years, at that time, and the committee thought they should be reduced by 15%. Fair enough—they have not been increased, but it has now been proposed that they should be increased by over 60%. Far from the 15% reduction that the CSPL thought was sensible 10 years ago, the Government now propose that they are increased by 60%.
I would put in a case for CSPL’s proposals and recommendations and therefore for my amendment. I also strongly support the other amendments that have been put forward. Perhaps the most powerful—not to decry any of the others—is what I have chosen to call the Rooker-Butler amendment, Amendment 212G, which should put the wind up every political party if it comes into force. It proposes that there should be a “risk assessment” for all donations over £7,500. It seems to me that, as a basis for proceeding further, it can hardly be beaten. But I cannot leave out the amendment of my noble friend Lord Wallace and the noble Baroness, Lady Hayman, that would capture “unincorporated associations” as well—this is recommendation 10 of the Committee on Standards in Public Life’s report of 2011.
I finish by simply saying that the Government may or not be ready to take on the recommendations of the Committee on Standards in Public Life’s report from last year, but, for goodness’ sake, will they please agree to take on those that it made 10 years ago and that have still not been implemented?
Earl Howe (Con)
My Lords, this group of amendments brings us to the subject of political donations, and I am grateful for the contributions from all sides of the House on this topic. I have listened carefully and noted the strength of feeling that clearly exists around it.
I will start with a word of general reassurance: the integrity of our political system is of the utmost importance to Her Majesty’s Government and, without doubt, all parliamentarians—the noble Lord, Lord Butler, was quite right in what he said on that score. Therefore, it is vital that the rules on political donations are kept continually under review. We must ensure that they continue to provide an effective safeguard to protect that system integrity.
Therefore, it is right that, as a matter of principle and practice, UK electoral law already sets out a stringent regime of controls on political donations to ensure that only those with a legitimate interest in UK elections can make political donations—and that political donations are transparent. This includes registered UK electors, registered overseas electors, UK-registered companies that are carrying out business in the UK, trade unions and other UK-based entities. Donations from individuals not on the UK electoral register, such as foreign donors, are not permitted. There is only a very limited exception to this, whereby, for political parties registered in Northern Ireland, permissible donors also include Irish citizens and organisations, provided that they meet prescribed conditions. This special arrangement reflects the specific context in Northern Ireland.
In order to address the tabled amendments and contributions as fully as I can, I propose to frame my response thematically. I turn first to Amendments 198,199, 204, 212D and 212E, all of which make reference to alleged “foreign donations”. I am afraid that this group of amendments does not find favour with the Government because they seek to remove the rights of overseas electors to make political donations as well as to remove the right to make donations from non-UK nationals who are registered to vote in the UK. Overseas electors are British citizens who have the right to vote; they are important participants in our democracy, as are non-UK nationals on the electoral register. We intend to uphold the long-standing principle that, if you are eligible to vote for a party, you are also eligible to donate to that party. Amendments 198, 199, 204 and 212D would ignore that principle by removing the rights of overseas electors entirely.
I must repudiate the suggestion of the noble Baroness, Lady Hayman of Ullock, that this is all about increasing political donations to the Conservative Party. The Bill delivers the Government’s manifesto commitment to remove the arbitrary 15-year limit on the voting rights of British expatriates, broadening their participation in our democracy.
The issues at stake here are matters of principle. Supporters of many parties back votes for life. The Liberal Democrats pledged in their two most recent manifestos to scrap the 15-year rule. In addition, one of the most passionate and high-profile campaigns for votes for life has been led by Harry Shindler, who lives in Italy and is 100 years old, a World War II veteran and the longest serving member of the Labour Party. I say to the noble Lord, Lord Sikka, that this measure will not open the floodgates to foreign political donations. Registered overseas electors are eligible to make political donations as important participants in our democracy. It is only right that they should be able to donate in the same way as other UK citizens registered on the electoral roll. I say again: the changes within this Bill will simply scrap the arbitrary 15-year limit on these rights.
Lord Wallace of Saltaire (LD)
Would that be without any cap on the size of the donation offered? Would the Minister consider that a cap on the size of a donation offered by, for example, Sir Philip Green might be appropriate?
Earl Howe (Con)
I will come to the subject of caps on donations in a moment.
On Amendment 212E, the noble Lord, Lord Rennard, recently tabled a Question for Written Answer about the uncommenced provision in the 2009 Act. This provision, Section 10, refers to residence and domicile for income tax purposes as a criterion for permissible political donations. Although a response was issued to him by my noble friend Lord Greenhalgh on 14 March, I hope that it will be helpful if I repeat it briefly for the benefit of the Committee.
The Government have no current plans to bring into force the uncommenced provision, Section 10 of the Political Parties and Elections Act 2009, regarding donations from non-resident donors. There is a very good reason for this: the provision is not workable given that an individual’s tax status is subject to confidentiality. It may therefore be difficult or even impossible for the Electoral Commission, political parties and other campaigners to accurately determine whether a donor meets the test set out in Section 10.
Furthermore, as a matter of principle, taxation is not connected to enfranchisement in the UK. If a British citizen is able to vote in an election for a political party, they should be able to donate to that political party subject to the requirements for transparency on donations. There is clear precedent here. Full-time students are legally exempt from paying council tax but still have the right to vote. Likewise, those who do not pay income tax rightly remain entitled to vote. For these reasons, the Government cannot support these amendments.
The other key theme that this debate has focused on is that of donations made by companies or other entities such as unincorporated associations. I will address Amendments 197, 198, 200, 210, 212 and 212G in the remarks that follow. As I have said before, only those with a legitimate interest in UK elections can make political donations, such as UK-registered companies which are carrying out business in the UK, trade unions and other UK-based entities. There is only a very limited exception to this, whereby, as I indicated earlier, for political parties registered in Northern Ireland permissible donors are a wider category.
The law is already clear that, if a company wants to donate to a party or fund a campaign, it must be a permissible donor. The recipient of a donation is responsible for checking that the donor is eligible; that is to say that it is registered in the UK and carrying out business in the UK. The recipient must also report the relevant donations to the Electoral Commission quarterly, and weekly during election periods. To ensure transparency about party funding, donation reports are published by the Electoral Commission on its online database.
Unincorporated associations are permissible donors only where they carry on business or other activities wholly or mainly in the United Kingdom and where their main office is in the UK. Further to this, any unincorporated associations making political contributions of more than £25,000 in a calendar year must notify the Electoral Commission and are subsequently subject to various reporting requirements relating to their own funding. Members’ associations, many of which are unincorporated associations, are separately regulated as regulated donees and must report on donations and loans that they receive.
Amendment 197 would introduce a new obligation on unincorporated associations to take all reasonable steps to check whether donations they receive intended for political purposes come from a permissible donor. At first glance, “all reasonable steps” appears perfectly reasonable. However, this would represent a significant change for unincorporated associations which, as I outlined previously, are already subject to significant reporting requirements. It singles them out from other types of donors and puts them instead closer to the level of political parties in their due diligence obligations. This could mean many voluntary groups and local sports clubs and societies all facing a significant extra due diligence cost simply because they fall into an unlucky category. That does not strike me as fair, and I would be concerned about the possible chilling effect on democratic participation of those groups.
Amendment 198 is an attempt to restrict donations from organisations. As drafted, it would exclude UK-based companies with fewer than five employees from making donations. Furthermore, it is unclear how one would determine who has “significant control” of an unincorporated association, as their governance structures are not regulated in the same way as other legal entities. Although I am sure this was not the intention, it demonstrates quite well the risk of serious unintended consequences if amendments which place restrictions on who can participate in our democracy are made with haste and without consultation. Furthermore, Amendment 198 would make it an offence for an ineligible company to even offer a donation, regardless of whether it is accepted and regardless of whether it was aware the donation it was offering is impermissible. This is unnecessary.
Donations from impermissible donors are already illegal, and it is the political parties and campaign groups receiving the money, the ones which better know and understand this area of law, which are accountable and responsible for checking, returning and reporting impermissible donations. In addition—this point has been highlighted previously—it is an offence for a donor knowingly to facilitate the making of an impermissible donation.
I am grateful to my noble friend Lord Hodgson for his Amendment 210, which would prohibit donations from individuals or companies that hold public contracts with a value equal to or exceeding £100,000. The complexities of procurement frameworks are slightly beyond the scope of this debate, but let me say that, while well-intentioned, it is not clear how this amendment would operate in practice. Seemingly, there is no limitation on a person making a donation to a party prior to entering into a contract with a public body, and it is unclear whether the prohibition extends beyond the lifetime of the contract and, if so, for how long. It is important to note that the existing legislation already provides for publication of donations to political parties, regulated donees and recognised third-party campaigners, therefore enabling any discerning citizen and our free press to scrutinise any large donations.
I also thank the noble Lord, Lord Sikka, for his Amendment 212. As he explained, the intention of this amendment is to prevent shell companies being used to make large donations. Similar concerns on source of donations underpin Amendment 200 and the substantial Amendment 212G from the noble Lords, Lord Rooker and Lord Butler, which would introduce requirements for registered parties to carry out risk assessments and due diligence checks on donations.
However, as I have already outlined, there are strict rules requiring companies making donations to be incorporated and carrying out business in the UK. Existing rules also prohibit circumventing the rules through proxy donors. That is on top of a legal requirement for political parties and other recipients to conduct permissibility checks and report to the Electoral Commission.
The principle of strengthening the system to provide greater levels of assurance on the sources of donations to ensure they are permissible and legitimate is important. We take seriously the risk of donors seeking to evade the rules. Indeed, the Government recently set out their final position on the reforms to the corporate registration framework, ahead of introducing legislation, in the Corporate Transparency and Register Reform White Paper.
The introduction of mandatory identity verification for those incorporating and filing with Companies House will be essential for making information on the companies register more reliable. It will mean that those with the intention of fraudulently misusing the UK corporate registration framework will have their activities traced and challenged. For example, all directors of UK limited companies will be required to verify their identity in order to be registered, and overseas companies will be required to verify the identity of all their directors. This, in combination with a new power for the Companies House registrar to proactively pass on relevant information to law enforcement and other public and regulatory bodies, including the Electoral Commission, will help ensure that any company making political donations is properly trading in the United Kingdom.
However, we do not want to impose disproportionate legal obligations that hinder the ability of parties and other campaigners to generate funds against the cost of carrying out checks on donations to ensure that they come from permissible sources. To do so would risk it not being cost effective for parties to accept smaller donations and therefore exclude some people from being able to participate in our democracy in this way. The current rules are proportionate and achieve this balance.
Lord Rooker (Lab)
I am listening carefully to the Minister. Going back, say, a decade before the Government started to tighten up the anti-money laundering rules, companies, accountants, company secretaries and company lawyers all said, “Our professional obligations and institutions require us to do all these checks.” But they were not doing them, hence the Government had to bring in some anti-money laundering rules. Why are political parties any different?
Earl Howe (Con)
My Lords, I hope I have already explained how the Government intend to legislate in the future to create greater transparency of companies. As I said at the beginning, all we can do is keep the rules under review. I am suggesting that in this particular area, the balance is about right.
Lord Stunell (LD)
I understand that the Government have a point of view on this, but it is clearly in contradiction to that of the Committee on Standards in Public Life, the Electoral Commission and others. Can the Minister expand on his reasoning for rejecting their proposals?
Earl Howe (Con)
I will answer the noble Lord’s point about the Committee on Standards in Public Life in a moment, if he will allow. First, I turn to Amendment 200, jointly tabled by the noble Lord, Lord Wallace, and my noble friend Lord Hodgson, which seeks to introduce new restrictions on donations. The amendment seeks to confer additional powers on the Electoral Commission to identify donations that the commission considers to be a risk to national security or that do not meet a “fit and proper test”, to be determined by the Secretary of State.
This is not the commission’s role or area of expertise, and it would therefore be entirely inappropriate to give it this responsibility to assess risks to national security. The commission is simply not equipped to make some of the judgments proposed by this amendment. The commission has said of this proposal that it
“would be a significant change to our current remit and is not a role we are seeking, as the benefits of this proposal over and above the work of the established security agencies are not clear”.
Put simply, countering foreign interference is the responsibility of the Government, the appropriate law enforcement agencies and the intelligence services, not the Electoral Commission.
The Government already work closely with a range of partners, including the Electoral Commission, to maintain the integrity of democratic processes and take the necessary steps to tackle the risk of foreign interference. The cross-government Defending Democracy programme brings together capabilities and expertise from across departments, security and intelligence agencies and other partners to ensure that democracy remains open, vibrant and secure. In support of this, the Government have set out their intention to bring forward separate legislation to counter state threats. This will give our security services and law enforcement agencies the additional tools they need to tackle the evolving and full range of state threats.
The amendment would also require the Electoral Commission to determine whether a donor meets a “fit and proper” test in respect of the integrity and reputation of the person, based on criteria set out by the Secretary of State. It is our view that the rules are already clear about who is a permissible donor. Beyond this, any further judgments about the appropriateness of receiving a particular legal donation are for the recipient of the donation to judge, and for those recipients to justify their decision through scrutiny enabled by the transparency in our system. It should not be for the Electoral Commission to make these judgments on behalf of others.
Lord Collins of Highbury (Lab)
Would the noble Earl acknowledge that trade unions are different? They are highly regulated and the law was changed to ensure that every individual who makes a contribution to a political fund has to approve it. It is contracting in now—a change this Government made without consultation with other parties. So to put trade unions in the category of a millionaire or a corporate company is totally wrong.
Earl Howe (Con)
My Lords, I am not casting aspersions on trade unions. I was seeking to suggest that making them a unique case, as the amendment seeks to do—
Lord Collins of Highbury (Lab)
I have explained why they are a unique case: you have already changed the law without consultation with any party. You changed the rules, forcing individual trade union members to contract in to their political funds. Their political funds are highly regulated and highly controlled, and were subject to a change in the law—so they are different.
Earl Howe (Con)
I do not contradict the noble Lord in any respect as to what he said about trade unions. I say again that I cast no aspersions on trade unions or their practices at all. I am simply saying that it seems unfair and undemocratic to have this distinction made in the way the noble Baroness seeks to do in her amendment.
Fundraising is a legitimate part of the democratic process. There is no cap on political donations because parties, candidates and other types of campaigner have strict limits on what they can spend on regulated campaign activities during elections.
The other amendment in the noble Baroness’s name—
Baroness Bennett of Manor Castle (GP)
Before the Minister goes on to the next amendment, I asked whether he agreed that there should be any limit. If we imagine an election campaign, one party’s spending limit is about £20 million. Does the Minister think it appropriate that one person can donate £20 million for an entire election campaign? What does he think that would do to our democracy?
Earl Howe (Con)
My Lords, there are two issues there: one is the question that the noble Baroness seems to be asking, which is whether there should be a limit on donations, and the other is whether there should be a limit on spending. There is a limit on spending in general elections, as she well knows. If she is asking whether I think there should be a cap on donations, I have to say that I do not.
Baroness Bennett of Manor Castle (GP)
Sorry, perhaps I was not clear. To put it another way, should there be a maximum percentage that one person can donate to one party’s campaign? If a campaign is funded to the maximum spending limit by one person, it is one person’s campaign. Does the Minister think that would be appropriate?
Earl Howe (Con)
That is a highly hypothetical question. I would be happy to give it consideration. For the moment I have to say that the answer is no, but I will reflect on it.
The other amendment in the noble Baroness’s name, Amendment 212B, seeks to place new obligations on donors to report donations to the Electoral Commission where the aggregate total for the year is over £5,000. Yes, there should be transparency around any significant amount of money funding parties and election campaigns, but that does not mean putting the burden on donors. It is for political parties and candidates—the recipients of the donations, who are familiar with the rules—to keep accounting records and report donations over the relevant thresholds to the Electoral Commission. Placing any unnecessarily bureaucratic responsibility on donors such as individual citizens could lead to a chilling effect and discourage people from making donations.
Amendment 212DA, tabled by the noble Lord, Lord Stunell, seeks to cap donations to political parties at £10,000 per calendar year. Perhaps inadvertently, it would require that every penny in a collection box be recorded and attributed to someone, effectively spelling an end to small donations. Even more significantly, the Government cannot, on principle, support caps on donations as this would only lead to taxpayers footing the bill for the inevitable funding shortfall. There is absolutely no public support for expanding the level of public funding already available to political parties. Public funds should be focused on delivering world-class public services and levelling up communities across our country.
The noble Lord asked about the recommendations in the report from the Committee on Standards in Public Life. The Government responded to the report published by the CSPL on regulating election finance in September last year. The Elections Bill already contains measures that closely link to recommendations made in that report, such as the new requirement on political parties to declare their assets and liabilities over £500 on registration, and a restriction of third- party campaigning to UK-based or otherwise eligible campaigners. However, as the Government response stated, the recommendations in the report deserve full consideration, and more work must be done to consider the implications and practicalities, which, I hope the noble Lord will acknowledge, are very considerable.
In conclusion, controls on electoral funding and transparency of electoral funding are a key cornerstone of the UK’s electoral system and contribute to a healthy democracy. UK electoral law sets out a stringent regime of donations controls to ensure that only those with a legitimate interest in UK elections can make political donations and that political donations are transparent. The Government absolutely recognise the risk posed by those who wish to evade the rules on donations. That is why there are existing provisions which explicitly prohibit money being funnelled through permissible donors by impermissible donors, and why it is an offence for donors and campaigners to purposefully evade the rules.
It is right that voters and organisations with a legitimate interest in UK elections be able to donate to political parties, candidates and campaigns. Our democracy is strengthened by people donating to campaigns that they believe in. I am, of course, aware that stories about political donations are never far from the newspapers, but rather than being indicative of a broken system, I firmly believe that this is a sign of the system working. The checks that parties and other campaigners are required to carry out and the reports published by the Electoral Commission allow the press and the public to scrutinise political donations. It is very important to balance the need for parties and other campaigners to generate funds against the cost of actually carrying out checks on donations to ensure they come from permissible sources. The current rules are proportionate and achieve that balance. I hope that, on that basis, noble Lords will feel able not to move their amendments when they are reached, and that the noble Baroness, Lady Hayman, feels able to withdraw her amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for his response to this large group of amendments. In responding to my amendment, he said that there was a Conservative Party manifesto commitment to extend the franchise for overseas electors. My amendment was not about that manifesto commitment; it was about the donations that could then come in through that action. I was not saying that that should not happen. The amendment was specifically related to donations, and that is what I want to come back to now.
I think we can say that we disagree as to whether excessive foreign donations being allowed to come into our politics is a good thing and whether there should be a cap on them. If the Government feel that stopping overseas donations is not an option, in my opinion, we should certainly look at whether we can cap the amounts.
I agree strongly with the first thing the Minister said: the integrity of our electoral law is of the utmost importance. This is why there has been so much concern in this debate over whether that integrity is being undermined by the way in which political donations currently work. I know that the Minister said that the current laws manage this, but it is really disappointing that he does not accept the great concerns that have been raised about how donations can ultimately buy political influence. We must be very careful in our country that we do not tip into the way in which other countries have operated when donations get very large. I just wish that the Government would accept that there is a problem and that it needs to be nipped in the bud. This is an opportunity to legislate for that.
I will finish by saying that a lot of strength of feeling on this issue has been expressed in Committee today. I am sure that we will return to this on Report but, in the meantime, I beg leave to withdraw the amendment.
Baroness Hayman of Ullock
“Review and consolidation of electoral law
Within 12 months of the passing of this Act, the Secretary of State must publish a timetable for undertaking a wholesale review and consolidation of electoral law.” Member’s explanatory statement
This amendment would implement a recommendation of the House of Commons Public Administration and Constitutional Affairs Committee in its report on the Elections Bill.
Baroness Hayman of Ullock (Lab)
My Lords, the hour is late, so I shall be brief in introducing my amendments in this group. I have spoken previously in Committee and in the House about the fact that I used to work in consultation—that was my profession—and was an associate of the Consultation Institute. So these amendments are around my concern about the lack of pre-legislative scrutiny and consultation on significant parts of the Bill.
My Amendment 205 looks to implement a recommendation of the PACA Committee, which referred to the lack of pre-legislative consultation and scrutiny. Basically, it recommended that, once the Bill had been introduced and Second Reading had taken place, the Government should introduce in the Bill a statutory commitment to post-legislative scrutiny of it. This is what my amendment aims to achieve; and my Amendment 206 would also implement a statutory committee for that purpose.
I also have two amendments in my name about provisions not coming into force, one until
“seven days after the Secretary of State has published a consultation on the provisions”
and the other until
“seven days after the Secretary of State has published an equalities impact assessment”.
We are concerned that no impact assessments have been done on all the impacts of this Bill.
There is a long tradition of cross-party working and consensus when we make changes to our law on our democratic and electoral systems. There has always been agreement that we should come together when we change such laws. It is disappointing that this Elections Bill represents a notable exception to this tradition. The lack of cross-party working and pre-legislative scrutiny ahead of bringing the Bill forward was very disappointing; for me, it is a worrying change. I beg to move.
Lord Wallace of Saltaire (LD)
My Lords, in this overfull House at this late hour, I will be extremely brief. I note that the noble Lord, Lord Hodgson, who said to me earlier that he thought that this is one of the more important groups to which we had yet to come, has felt it necessary to go. So I will simply say that it is important that we come back to this issue given that this Bill is such a mess and has failed to do so many of the things which several committees recommended it should do. It has also been sharply criticised by a Commons committee.
I would choose Amendment 205; if the Labour Front Benches were minded to bring that back at Report stage, I would certainly give it support and there would be others around the House who would too. Having missed—or refused to take—this opportunity, we had better try to get it right again soon. The integrity of British elections is a very important principle. The questions of how our elections are regulated are fundamental. This is a very unsatisfactory Bill, and Amendment 205 would ensure that we have another go to deal with many of the things which it has been suggested that we need but which this Bill does not provide.
Baroness Scott of Bybrook (Con)
My Lords, these amendments seek to require the Government to commit to a timetable for wholesale review and consolidation of electoral law and to further consultations to be conducted on the Bill. The Government remain committed to ensuring that our electoral law is fit for purpose, now and into the future. We agree that electoral law should be revised and improved, but a wholesale review takes significant consideration and policy development is not something that we should rush at and potentially get wrong. The Government’s immediate priority will be the implementation of our manifesto commitments, which this Elections Bill delivers. This would allow us to update our electoral law in important ways, strengthening our current framework by addressing known vulnerabilities in our systems.
Amendment 206 would oblige the Secretary of State to establish a committee consisting of members of both Houses of Parliament to conduct post-legislative scrutiny of this Bill within five years of its passing. I have heard the arguments at Second Reading, and in previous Committee sessions, over perceived potential future impacts, and I understand the desire to ensure that any such legislation has the impact intended. It is already the settled will of noble Members that significant pieces of primary legislation should be subject to post-legislative scrutiny. Indeed, it was only a couple of years ago that the Government published a post-legislative assessment of the Electoral Registration and Administration Act 2013. Things would not be any different when it comes to the legislation before us today. It is the Government’s view that to include an obligation in the legislation is not necessary in light of our plans to conduct scrutiny and evaluation of the measures in the Bill in due course.
I note the purpose of Amendments 214 and 215: to require the Secretary of State to publish a consultation and an impact assessment before measures are commenced. The measures in this Bill deliver not only on recommendations by parliamentarians, Select Committees, international observers and electoral stakeholders but also on a range of consultations. This includes the overseas electors policy statement issued in October 2016, the Government’s 2017 call for evidence on the accessibility of elections and the Protecting the Debate: Intimidation, Influence and Information consultation of July 2018. My officials have consulted with administrators and civil society groups throughout the policy development, and they are continuing to do so in our implementation planning. We have also published both an equality impact assessment and an economic impact assessment before introducing these measures, and we will continue to monitor impacts, as I have said. I can assure the noble Baroness that the Government are listening but, at this time, do not consider these amendments necessary.
Lord Scriven (LD)
The Minister will know that I am quite astute at reading impact assessments. I have also read the equality impact assessment. The amendment from the noble Baroness, Lady Hayman, is important because the equality impact assessment relies mainly on a 2021 telephone survey, and it indicates that there will be indirect discrimination based on some of the provisions in the Bill. The impact assessment says further on that mitigation ideas will show how the mitigation will take place, but there are no mitigation provisions in the equality impact assessment; there are only the issues that the 2021 telephone survey has revealed. Why are there no mitigation provisions in the equality impact assessment?
Baroness Scott of Bybrook (Con)
I do not know, but what I can say is that it is a continuing process, as I have said. We will monitor any future impacts, and I will get a fuller answer for the noble Lord.
Viscount Stansgate (Lab)
Before the Minister completes her remarks, her argument is that Amendment 206 is not necessary because the Government will do it anyway, while in respect of Amendment 205 she has indicated that the Government are minded to consider the question of consolidating electoral law but gives no idea of the timescale on which they might undertake that. Is that correct?
Baroness Scott of Bybrook (Con)
No, I did not say that we were minded to consolidate at all. I go back to what I said: the Government’s immediate priority will be the implementation of our manifesto commitments, which the Bill delivers. I have not given any undertaking that we will do another Bill to consolidate, as was set out in that group of amendments.
Amendment 213 would prevent Schedule 8 coming into force until a time when the Secretary of State has made a statement to Parliament on the voting and candidacy rights of EU citizens. The Government’s position on this policy is clear and settled and was set out in detail in a Written Ministerial Statement in the other place on 17 June 2021. Now that we have left the EU, there should not be a continued automatic right to vote and stand in local elections solely by virtue of being an EU citizen. We have made provision to protect the rights of those who made their home here before our exit and preserved rights where that can be done on a bilateral basis, protecting UK citizens living in those countries in turn. A statement of clear intent on this matter has already been made to Parliament and I can see no purpose in restating our position. I therefore urge the noble Baroness to withdraw her amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the Minister for her response. However, there seems to be a difference of opinion as to whether suitable consultation has been carried out on the Bill. The Consultation Institute states in its response:
“Many of the proposed changes in the Bill are not accompanied by evidence detailing why they are necessary or desirable. Where evidence in support of changes is cited, it has generally involved little consultation and engagement with the public, particularly with the general public as opposed to institutional or organisational stakeholders.”
So in the institute’s opinion, as well as mine and others’, including PACAC, there simply has not been sufficient scrutiny or consultation on the Bill. I thank the noble Lord, Lord Wallace of Saltaire, for his strong support, and I am sure we will be returning to this on Report. In the meantime, I beg leave to withdraw the amendment.
Lord Collins of Highbury
“Registration of party emblems
(1) Section 29 of PPERA (registration of parties) is amended as follows.(2) After paragraph (d) insert—“(e) closely resembles the emblem of a proscribed terrorist group or organisation.””Member’s explanatory statement
This amendment would prevent the registration of Party emblems which closely resemble the emblem of a proscribed terrorist group or organisation.
Lord Collins of Highbury (Lab)
My Lords, I will be very brief. This is a probing amendment with which we are seeking to better understand the powers we may currently have, and I hope the noble Baroness will be able to reassure us that we do have powers to address this issue.
Baroness Scott of Bybrook (Con)
I thank the noble Lord for being very brief, and I will try to be nearly as brief. I am sure that it is a very well-intentioned amendment, but its effect would be minimal. I can assure the noble Lord that Section 29 of the Political Parties, Elections and Referendums Act 2000 already gives the commission the discretion to refuse the registration of an emblem where it is in its opinion obscene or offensive. According to the commission’s guidance on emblems, which is available online, all applications to register an emblem are assessed on a case-by-case basis, but are likely to be rejected if the emblem contains offensive language or terminology or links to something generally accepted as offensive with a relevant group of people.
On a more general note, Section 29 provides the commission with an appropriate and practical level of discretion to refuse or allow the registration of party emblems. Therefore, the Government consider that Section 29 already sufficiently provides for the effect of the noble Lord’s amendment, Therefore, I respectfully ask him to withdraw it.
Lord Collins of Highbury (Lab)
In the light of those comments, I beg leave to withdraw the amendment.
Elections Bill
Wednesday 6th April 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 141-I(Rev) Revised marshalled list for Report - (5 Apr 2022)
17:37 - Division on Amendment 8 - Ayes: 199 / Noes: 170 - Amendment 8 agreed.
19:28 - Division on Amendment 39 - Ayes: 153 / Noes: 160 - Amendment 39 disagreed.
Lord Woolley of Woodford
Lord Woolley of Woodford (CB)
My Lords, I will not be making a long speech today, which I am sure many noble Lords will be pleased to hear. I begin by thanking Jessica Garland from the Electoral Reform Society, Maddy Moore from the Joseph Rowntree Foundation and Mr Alfiaz Vaiya, who heads up my office here at Westminster.
I said a lot in the previous debates, so I do not want to go over that, but I do want to highlight some of the key matters that we need to focus on. This Elections Bill came into this Chamber for a number of principal reasons. One highlighted by the Government is voter fraud, as well as voter integrity. When it comes to voter fraud, I am sorry to say that the Government have not made the case. Noble Lords will all know that there was just one conviction out of 47 million voters. You have more chance of being struck by lightning at, I think, one in 3,000 and more chance of winning the National Lottery, at one in 46 million. The case for fraud has not been made; that is just a matter of fact.
Let us move on to the other key point that the Government have made. It is a valid point, which needs to be addressed: as the noble Lord, Lord True, has rightly said, this was in the Government’s manifesto. We must acknowledge and, in part, honour that. My only contention is that in their manifesto the Government talked about voter ID, which is distinct from voter photographic ID. Noble Lords may think “What is the difference?”—I am here to tell your Lordships that. The noble Lord, Lord True, might say that a lot of people have voter photo ID but not everybody does. The calculation, even with the Government’s figures, is that we could lose over 2 million voters if we persist with photographic ID. That is 2 million, because of one case of voter fraud.
Noble Lords all know that I am a disciple of Dr Martin Luther King, fighting for social and racial justice. Can we sit here in this beautiful building and allow a Bill to go through Parliament which removes 2 million voters? Will we allow that to happen or will we tell the Government that, with the best will in the world, they have got this wrong and need to be big enough, strong enough and brave enough to say, “We need to make an amendment that does not lose us so many valuable voters”? If there is an amendment that removes photo ID I will, begrudgingly but democratically, accept it. If there is no movement, however, I will put my amendment to a Division.
Lord Grocott (Lab)
My Lords, I have heard speeches from the noble Lord, Lord Woolley, on a number of occasions. Each time, I have found him completely convincing. The one line I will pick up on is his reference to the level of fraud identified by prosecutions as being “a matter of fact”. I just want to put another couple of matters of fact in front of the House.
Fact one is that, whatever you think are the rights and wrongs of voter ID, it is a new hurdle that people will have to surmount in order to vote. Whether it is a big hurdle or a small one is a matter of debate, but there is no doubt whatever that it is a hurdle. In our many experiences of elections, great effort is made in our electoral system at the local level to try to minimise the difficulties that people may experience to make it easier for them to vote.
A simple example is the siting of polling stations. I am sure that dozens of people in this House have spent ages saying, “It’s no use putting the polling station there because people won’t go to it—it’s too far away. You need one nearer”. Why do we say these things? Because we want to make it easier, with the fewest hurdles possible in the way of people exercising their right to vote.
I remind the House that there has been a serious decline in turnout in British general elections. When I first fighting them, the turnout was around 75%, generally speaking. It is now around 65%. We are going in the wrong direction. I submit that this clause will send us even faster down that slope.
All I propose to say for now is this: what has been missing throughout our debates is any estimate whatever —even a guesstimate would be an improvement—from the Minister as to precisely what the effect on voter turnout will be in the event of this Bill becoming law. He cannot have it all ways. It will either improve turnout or worsen the situation. Which way it will go cannot be a matter of fact because it is an estimate, but I would have expected at least some information from the Government Front Bench, in this crucial respect of voter turnout, on their estimate of the effect of this Bill on that figure. We have not had one so far. I am not optimistic that we will get one from the Minister when he winds up—but I live for ever in hope, as you do when you are in opposition. Even at this stage, so that we can judge it in the event, I hope that he will tell us his estimate of the effect of the Bill on turnout.
Baroness Jones of Moulsecoomb (GP)
My Lords, I rise to speak to these amendments and throw the Greens’ considerable weight behind the noble Lord, Lord Woolley. It is slightly scary speaking after him and the noble Lord, Lord Grocott, because they tend to carry the House, whereas I am not sure that I do.
Some people have described voter ID as a solution in search of a problem. Actually, I think that gives the Government far too much credit, because this is a cynical ploy. It is a clear attempt by the Government to make it harder for people to vote in elections. That is the only motive I can see when we have this sort of Bill in front of us. More cynically still, it will disproportionately stop BAME, working-class, Gypsy, Roma and Traveller people voting. These people find it hard enough to vote already. Anything you put in their way will stop them voting completely; that is preventing democracy.
The Government are spreading fake news about there being massive election fraud in this country. I hope we can get these figures out there, because that is a nonsense. I do not understand why the Government persist in this fake news.
Lord Desai (Non-Afl)
My Lords, I will speak to my Amendments 2, 3 and 4. Throughout the debates on the Bill I have been of an opposite view from most of my friends about the fear of identity cards. I do not have any fear of identity cards at all, nor do I believe that BAME people are so backward and so bad that they would be frightened by an identity card. I just do not see the logic. As I have said before in your Lordships’ House, India has ID cards; the 900 million voters there all use them and electronic voting machines. It is perfectly straightforward stuff and nobody is intimidated or discouraged from voting. If people are not voting, it might be that the quality of politics has declined and people do not see any point in voting—but that is a point that I will come to another time.
The main problem is that responsibility for getting an ID card should not be put on the voter. The Electoral Commission has to enable people to have an ID card. It has the resources. It is very simple. We live in a digitised world, so why are we still using pencil and paper?
For example, I recently moved from where I had lived for 17 years to somewhere in Lambeth. I immediately got a letter from the electoral registration office, saying, “This flat used to be vacant, now suddenly somebody’s occupying it. Will you please tell us who you are?” I sent back a form with my name and saying who else lived in the house. I posted it off and so I will be voting at my local polling station.
The electoral registration office has my particulars and my address. It would be very easy for it to send me an ID card. I do not see what the fuss is about. It has much more resources than I have as a voter, so it would be very easy for it to send me an ID card. It is a no-brainer, as far as I am concerned. My children’s and grandchildren’s generations laugh at this electoral system, in which people have to go to some booth, take a little pencil and put a cross.
Lord Foulkes of Cumnock (Lab Co-op)
I do not understand what the noble Lord is saying. The last Labour Government started the procedure for introducing photo identity cards for everyone; the Conservatives scuppered the whole scheme. We should have had ID cards for everyone. The Government could then have introduced this, but they cannot when it is only privileged people with passports and driving licences who have photo IDs. The noble Lord should understand that.
Lord Desai (Non-Afl)
My Lords, I used to be on those Benches with the noble Lord, so I am not a stranger to that story. It was not only the Government who stopped it but the Liberal Democrats, whose great leader Nick Clegg cared so passionately for privacy that he has gone to work for Facebook. That was his price for agreeing to ID cards; the Labour Party could not pay it.
I do not care who was responsible—they were responsible, you were responsible—I now want to move on. The Bill is an opportunity for us to thoroughly rethink our electoral system, bring it into the 20th century if not the 21st and get on with it. We conduct our elections in the most antediluvian way possible.
Baroness Chakrabarti (Lab)
The noble Lord made such an important point about the need to move on, this being Report after a very extensive consideration of the Bill in Committee. There are crucial amendments to get through and vote on. I throw that into the ether of your Lordships’ House.
Lord Desai (Non-Afl)
I thank the noble Baroness but, as she knows, I have been here listening to all the debates. This is the first time I have introduced amendments, so I have to explain them. If I do not, nobody will understand what I am saying. Because I am putting an argument contrary to that generally put forward in the context of this clause, let me continue.
My amendments say that the Electoral Commission should provide everybody with an ID card that has to contain some very simple facts, which we all have. Amendment 4 says
“address … date of birth, and … NHS number”.
BAME, white or black and whatever religion, we all have an NHS number. When I call up for anything, the hospital asks for my date of birth and knows immediately who I am. NHS number and date of birth should be sufficient to identify anybody. If you have the address, you will be able to see which is the nearest polling booth.
I recently had my fourth jab. To make an appointment for it, I had a text message from the NHS. It took me five minutes to book myself a jab, with the location and time all in a simple text message. It is not difficult. People will be able to find out where and when they can vote as long as they have this ID card.
Since my time is being rationed, I urge people to vote for this because it will simplify the voting procedure and remove the problem that somehow this special class of untouchables who are called BAME people will be frightened by this. Nobody needs to be frightened by this; everybody would receive an ID card.
Lord Rennard (LD)
My Lords, this House can spend a great deal of time discussing the meaning of a single word. Words such as “may” or “must” have great significance in law, and today we are debating the difference between compulsory “photo identification” and just “voter identification”. We are debating the word “photo”.
It is important for many people because voter identification was in the 2019 Conservative Party manifesto, while “photo identification” was not, and manifesto commitments may be treated differently by Members of the House. In Committee the Government’s position appeared to be that the word “photo” was irrelevant or that whoever wrote their manifesto was careless and used sloppy wording, but the Government know the difference between “photo ID” and “voter ID”.
How do we know that for certain? Because the Government specifically legislated for different forms of ID requirement when they introduced pilot schemes in 15 local authority areas in 2018 and 2019. In the 2019 pilots, the Government legislated for different rules in 10 different authorities. In two areas people had to show a specified form of photo ID. In five areas they could choose to show either a specified form of photo ID or two pieces of specified non-photo ID. In three areas people could show either their poll card, which does not have a photo, or a specified form of photo ID. So the Government understand the difference between different forms of voter ID, including those which require a photo and those which do not. Their manifesto did not mention “photo”.
As the highly regarded expert from the Electoral Integrity Project, Professor Toby James, pointed out on Twitter the other day, the fact that the manifesto did not specify photo ID means that we should “allow non-photographic” ID as in many other countries, or allow those without the requisite ID at the time to be vouched for by someone accompanying them who does have it, as in Canada.
Many of the references made by Ministers to photo ID in other countries have been very misleading. That is because everybody already has a compulsory national ID card in almost all the rest of Europe, so there is no extra barrier to voting by requiring one to be presented at a polling station there.
It is ironic that, as the noble Lord, Lord Foulkes, has just pointed out, one of the main reasons we do not have national ID cards in the UK is because Conservative Members of this House opposed attempts by the Blair Government to introduce them on the grounds that they were not specifically mentioned in the Labour manifesto. What is sauce for the goose is sauce for the gander. National ID cards were not in the Labour manifesto, so this House blocked their introduction. Compulsory photo ID at polling stations was not in the Conservative manifesto, so the Government’s attempt to abuse their majority in the other place to change election rules should be prevented here.
In Committee the noble Lord, Lord Willetts, highlighted what the former chair of the Conservative Party, the noble Lord, Lord Pickles, said in the report which the Government commissioned from him—that
“The Government should consider the options for electors to have to produce personal identification before voting at polling stations. There is no need to be over elaborate … measures should enhance public confidence and be proportional. A driving licence, passport or utility bills”.—[Official Report, 21/3/22; col. 695.]
Utility bills do not have photos.
There is, however, one form of voter ID eminently suitable for the purpose—the official poll card. Making poll cards an acceptable form of ID is proposed in both Amendments 6 and 7, and these amendments are both compatible with Amendment 8, which includes many other forms of possible ID. A polling card is issued to every voter by electoral registration officers. Anyone impersonating a voter would not just have to expose themselves to risk at the polling station, but they would have to steal the poll card as well prior to going to vote. If a polling card was stolen, a replacement could be issued, and a note made to question anyone turning up at a polling station with the original poll card.
In the pilots in 2018, poll cards were allowed in both Swindon and Watford. In Swindon, 95% of voters used their poll card, 4% their driving licence and 3% their passport. In Watford, 87% used their poll card, 8% their driving licence and 3% their debit card. Altogether across the two local authority areas, 69 replacement poll cards had to be issued. In Swindon a vouching or attestation scheme was also used, and 107 voters used this option.
Lord Willetts (Con)
My Lords, I will briefly speak to Amendment 8 in my name and the names of other noble Lords. The proposal in Amendment 8 would extend the list of accepted documents beyond the narrow group of photo ID that the Government are proposing, but I regard my amendment as consistent with the commitment in the Conservative Party manifesto. I approach this from the perspective of red tape. Is the extra regulation being proposed proportionate to the problem that needs to be tackled? As we have heard from all sides of this House, there is no evidence that personation is a significant problem in the British electoral system.
That is very different from Northern Ireland, where ID and then photo ID were introduced. There, there was in the words of the then chief electoral officer a “planned and well organised” programme of personation. In the absence of any such evidence of personation as a significant problem in the UK, the costs imposed by this measure seem to go way beyond the scale of the problems—costs estimated at £180 million over 10 years. If a broader range of documents is accepted, that removes the need for a new, separate group of voter ID cards and, hence, lowers the costs involved.
I acknowledge the way in which the Minister has engaged with these issues and has recently written to us on these proposals. He may say, “Well, there’s not a problem now, but we still need to do this to boost confidence in the security of the British electoral system”, despite the evidence that our problems are actually in postal voting and proxy voting and not in personation. We know that confidence in the British electoral system currently runs at over 90%. It is not clear that confidence could be much higher than that. Indeed, the attempt to legislate may have the opposite effect to the one that Ministers are seeking and may create anxiety and uncertainty where none existed before. In Northern Ireland, where there is a track record of voter ID, confidence in the system is no higher than in Britain—indeed, on some measures, it is lower.
Besides this, I have one wider concern: what might happen at the next election if a significant number of voters—hundreds of voters per constituency—confronted with a new requirement with which they are unfamiliar in order to vote, photo ID, are turned away from polling stations and do not return? Let us imagine that the outcome of the next election is a modest majority—I hope a majority for the party of which I am a member—where, throughout the day, the media story has been of voters being turned away from polling stations. That seems a significant political and constitutional risk that needs to be taken into account if this measure is introduced. Here we do have a precedent from Northern Ireland: the first use of voter ID in polling stations there was estimated to have reduced voter turnout and turned away the equivalent of approximately 1 million voters across Great Britain, so this is a real risk.
In light of that, while I respect the similar thinking behind Amendments 5 and 6, for example, my intention is to divide the House on Amendment 8, because I regard it as protecting our system from a major political and constitutional risk while remaining consistent with the manifesto on which the Conservative Party fought the last election.
Baroness Lister of Burtersett (Lab)
My Lords, I rise to support Amendment 8, to which I have added my name. I am very pleased to follow the noble Lord, Lord Willetts.
The one real argument put by Ministers to support the restriction of identification to photo ID was that it is the most secure form of ID. However, we never got an explanation of how it was decided that, in the necessary balancing of the two, security trumped accessibility to the point that only the most secure forms of ID were permissible, despite the lack of evidence of fraud, as we have heard. In reaching that position, it was not clear why the Government rejected what we might call the “Pickles principle”—that perfection must not get in the way of a practical solution. Amendment 8 and some of the other amendments offer such a practical solution, but the Government’s response hitherto has been disappointing.
Ministers have also frequently cited the finding of the Electoral Commission tracker that 66% of the public say that the requirement to show identification at polling stations would increase their confidence in security. But I note that the word “photo” is never mentioned, so I can only assume that the question did not specify photo ID. Also, we do not know how members of the public would weigh up that balance between security and accessibility. It would appear from the latest election tracker—a point made by the noble Lord—that a much larger majority, eight in 10, are confident that elections are well run, and that nearly nine in 10 think that voting at polling stations is safe. But there is a real danger, as has been said, that perceptions will be tainted by the Government’s narrative of voting fraud, which risks reducing trust in the system, as has been pointed out by a number of bodies. According to the Electoral Reform Society, recent US studies have found that talking up voter fraud reduces confidence in electoral integrity and has indeed corroded trust in the system.
As I made clear in Committee, I am particularly concerned about the impact on people in poverty or on a low income, who are not necessarily caught in the Government’s focus on groups with protected characteristics. Of course, I am concerned about them too; I particularly noted the position of Gypsy, Traveller and Roma communities in Committee. The Government have chosen not to enact the socioeconomic duty in the Equality Act, which might have encouraged them to focus on people in poverty. As it is, the more I have read, the more convinced I am that they have in effect been ignored in consultations with stakeholders and in the pilots.
According to 2019 data from the British Election Study, provided to me by the Library, there was a clear income gradient in turnout in the 2019 election, with half—or slightly more than half—of those in households with an income of £15,599 or less not having voted. If the JRF is correct that, as it stands, Clause 1 and Schedule 1 risk disenfranchising as many as 1.7 million low-income members of the electorate, these worrying figures can only get worse.
Finally, the noble Baroness, Lady Scott of Bybrook, promised that she would get me
“a list of the consultees that we worked with because that is important.”
This was in response to my questions as to
“what engagement there has been with organisations speaking on behalf of people in poverty, or in which people in poverty are themselves involved, so that they can bring the expertise born of experience to these policy discussions”.—[Official Report, 17/3/22; cols. 562, 567.]
I repeated the question when we returned to the issue on day three of Committee, but there was still no sign of that list. Instead, in his letter to Peers, the Minister assured us that there has been a comprehensive programme of engagement with civil society organisations, with a heavy emphasis once again on those with protected characteristics. However, once again, the implication of the letter is that the impact of poverty has been ignored, and that there has been no engagement with organisations working with people in poverty or with those who can bring the expertise of experience of poverty to bear on the matter. Yet, their perspectives could be particularly valuable when considering appropriate voter ID and the process of applying for a voter card. I ask yet again whether there has been such consultation and, if not, will the Government now prioritise it?
As it happens, I was at an event this morning organised by Poverty2Solutions, an award-winning coalition of grassroots organisations led by people with direct experience of poverty and socioeconomic disadvantage and supported by the JRF. The key message was the need to put lived experience at the heart of policy-making, complementing other forms of expertise. I asked whether Poverty2Solutions would be willing to engage with the Government on the development of voter ID policy, and the response was an enthusiastic yes. The door is open.
Baroness Meacher (CB)
My Lords, I rise to support—I could say all the amendments in this group, but that is slightly inconsistent. There is absolutely no evidence at all to support the need for any voter ID in British elections in person, as highlighted by the Public Administration and Constitutional Affairs Committee and the Joint Committee on Human Rights. The Government’s plans are unnecessary, discriminatory, expensive and a regressive step.
There is also no public support for these changes at all. The latest edition of the Electoral Commission’s public opinion tracker, which measures public views on the electoral process, showed that 90% of voters say that voting at a polling station is safe from fraud and abuse. That is an exceptionally high percentage in any poll. Overall, public confidence in elections is apparently at its highest level since data collection began.
We know that the idea of voter ID arose from the allegations of election fraud in Tower Hamlets. However, as noble Lords know, the Tower Hamlets allegations had nothing to do with personation at polling stations. It is interesting that the judge in the Tower Hamlets case told the Bill Committee:
“Personation at polling stations is very rare indeed.”—[Official Report, Commons, Elections Bill Committee, 15/9/21; col. 15.]
This is basically the view of most noble Lords in this House.
The voter ID system will cost an estimated £120 million over three years—there are various estimates, but that is the median. I must say that I find it quite shocking that any Government would spend that sort of money on a completely unnecessary reform when there is so much need which is unmet all over the country—it is really upsetting. I like the Liberty analogy on the voter ID issue: a householder who has not had a problem with burglary for years and yet decides to spend a fortune on a new lock. In similar ways, his house was perfectly safe and so is our electoral system at polling stations. However, I would not say the same necessarily of postal votes.
Baroness Verma (Con)
My Lords, I would like to pick up on a couple of comments. The noble Lord, Lord Desai, spoke about the objection to grouping all BAME communities together and believing that they will not be in favour of an ID card. I have spent weeks talking to people from all communities, including BAME and poor communities, in my own city of Leicester, which is one of the most diverse cities in the country. When I asked them whether they would object to a voter ID card with a photograph, not one person said that they would. I do not understand where this evidence keeps coming from that BAME communities or people on the lowest incomes are going to be disfranchised.
I have spent my whole life in Leicester. I understand the worries that there are in Leicester. One case has been pointed to, but I have had people coming to me, over several elections, worried about the integrity of the elections being held in Leicester. I am speaking about Leicester because it is my home city and I want it to be a city that believes voting in this country is fair for everyone.
When people in this Chamber say that eight or nine out of 10 people are happy with the system as it is today, I do not know who has been consulted or how far that has reached out into communities such as mine, because I would love each and every one of your Lordships to come and speak to people in my home city and get a real reflection of why I am so passionate about making sure that voter ID is part and parcel of the way we take our elections forward. So many people tell me that they do not feel safe or happy with the current system.
Following on from the noble Lord, Lord Desai, I say: please stop talking on BAME communities’ behalf as if all of us are grouped as one lump and we all think and do things in the same way. We do not. We actually are consistent in our duty as citizens to try to partake in elections in the UK, but part of the problem, which I have seen, has been demonstrated to me. At the last local election I was involved with, people showed me two cases where people came with proxy votes: five proxy votes in one case, four in another, and the only registered proxy was one vote in the council.
I really want there to be a genuinely good system for all of us. This is not about the BAME community. It is about the integrity of voting, which is all I am interested in. Not one of the people I spoke to has objected to voter ID. The only clarification I should like from my noble friend on the Front Bench is: will the ID card be for everyone, or for those people who do not hold a photo ID of any kind? Will this £180 million be spent on ID cards for everyone, or is it particularly for those who have no photo ID of any sort? I was not sure about this.
Lord Maxton (Lab)
Can the noble Baroness tell me exactly what “photo” means? Looking at the list produced by the noble Lord, Lord Willetts, it could all be contained on one identity card or, as I prefer to call it, a smart card for all.
Baroness Verma (Con)
My Lords, I am only saying that I have had no objection to it being a photo ID. The implication seems to be that we, as communities, would object and become disenfranchised but I have not found that. This is the only point I am trying to raise.
Baroness Fox of Buckley (Non-Afl)
My Lords, I thank the noble Baroness, Lady Verma. She has raised some of the issues that have prompted me to speak today. I have had a slight change of heart or mind—or my mind has been changed—which is why I am speaking, rather than repeating everything that I previously said.
My concerns about these photo IDs have fairly consistently been that there is no evidence of voter impersonation; it is not an issue. I do not like any move towards a “show us your pass” society. I worry about the unintended consequences of the Government pushing voter ID. In itself, it implies a problem which might then undermine trust in the democratic process. In particular, I echo the query from the noble Lord, Lord Willetts, about the consequences of people being turned away from polling stations. I have raised that before.
I am not very good at paperwork. I am the kind of person who gets it wrong. We have only to look at the best-intended interventions in Ukraine, or in Poland with the issuing of visas to Ukrainian refugees, to see that paperwork can go wrong. I am concerned about people turning up with the wrong thing and being sent away when they only have that day to vote. It would imply to fellow citizens that something dodgy was going on—that they were cheating, rather than just having the wrong piece of paper. What does the Minister advise in this instance?
In following the noble Baroness, Lady Verma, the problem is that we have probably got to a point where the ship has sailed regarding trust in democracy. Something has gone wrong. A constant theme in commentary on elections is that too many people seem to think it impossible for their side to have lost without implying that the other side has somehow won by cheating or that the vote was manipulated. I have been quite shocked by the commentary around the vote in Hungary, in which it has been implied that the only basis on which Orban won was become something dodgy happened and that it was unfair. That was said about Brexit, about Trump’s win and about Biden’s win. In all those instances, there have been implicit or explicit accusations by losers that somehow cheating has happened. There is a broader problem of the undermining of trust in democracy, which I think a lot of people in this Chamber and outside it have created, but it has nothing to do with voter ID.
When I started to talk to people after my speeches at Second Reading and in Committee, I was absolutely inundated by those who said that they disagreed with my opposition to voter ID. Those were not the cut-and-paste emails, which we all receive, or from organised lobby groups. They appeared to be from ordinary people. Pundits and loads of people contacted me—some I knew and some I did not. I have had more correspondence on this than on anything else.
I tell your Lordships this because I was taken aback, but when I started to talk to people, they said that because there is a big debate about trust in the democratic process, for whatever reason, they want reassurance that the ballot box is secure. People said that their motives were about protecting the vote and respecting democracy. I do not know that it can be described as fake news when the Government say there is a discussion about the democratic process, because it seems that there is. I suppose that has happened in the name of transparency, accountability and trying to be honest, so when people say that they want to shore up democracy through ID, I want to take at least some notice.
Another thing that was said, which fits in with the remarks of the noble Lord, Lord Desai, and the noble Baroness, Lady Verma, was that they felt insulted by the idea that showing ID would put them off voting. They said, “You think we have such a low view of democracy, that we are so easily put off voting. The problem is that we go out to vote and when we do, people tell us we voted the wrong way.” That was their problem.
I have thought about it a lot and am still not sure but I am prepared to consider some compromise, particularly on Amendment 8. It does the job by letting us have some ID, as wide a range of IDs as possible so we do not have the problem of turning people away at the ballot box. It is also important to recognise that, whether we like it or not, there is a debate about how much we can trust the democratic process, so if there is a way of reassuring people—although I wish we had not got to that point—then maybe we should think about this.
I would like to know what the Minister thinks about the dangers of undermining our trust in democracy by pushing this too hard. Is there a compromise that the Government can make that would, relatively speaking, satisfy all people? Even the noble Lord, Lord Woolley, said he might reluctantly go down that line, despite it going against what he wants, which is to get rid of it altogether.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I did not participate in Committee but I intervened a couple of times, most notably when the noble Lord, Lord Collins, tried to pray me in aid to something I did not say. I want to put my position on the record and, bearing in mind the strictures from the noble Baroness, Lady Chakrabarti, I will be quick.
I want to add a cautionary note about this group of amendments. My caution is absolutely not because I want to restrict participation in our elections in any way. The reverse is true, as evidenced by the work we have done in the Select Committee on Citizenship and Civic Engagement, a follow-up report to which was published a week or two ago. I was lucky enough to chair that committee and place on record my thanks to the noble Lords, Lord Blunkett and Lord Collins, the noble Baroness, Lady Lister, and my noble friend Lady Eaton. The committee did important work and I made sure that I personally sent the noble Lord, Lord Woolley, a copy of our report last week, as he had made a powerful speech during the last stage.
I argue that our primary objective has to be to ensure that people use their vote. I come back to the point made by the noble Lord, Lord Grocott, about declining turnout. While I understand that you cannot vote unless you are on the roll and have ways of voting, we have failed to persuade people that their vote is worth using, as evidenced by the figures laid out in the earlier remarks by the noble Lord.
I suggest that there are principally two reasons why people go out to vote. The first is that they see the act of voting as having their say—“to chuck the rascals out” is the famous phrase that is often used. We need to find ways to encourage more people to think like that, and about what is meant by being a citizen, and by rights and responsibilities. I am afraid that the Government’s response to our work to try to encourage citizenship education can so far be described only as desultory. I think I speak for all members of our committee when I say that we do not intend to give way on this. However, equally, nothing in these amendments deals with the question of participation. That is the problem, and that is what I am really interested in getting at.
Lord Maxton (Lab)
My Lords, I rise very reluctantly to speak in this debate because I participated only very briefly in Committee. However, it seems to me that ID cards for all—or smart cards, as I tend to describe them —is the future. It is time to move the electoral system on, not backwards, as the Minister is trying to do by describing photo ID or whatever it might be as the way forward.
The way forward is one card. I have gone through the list in the amendment of the noble Lord, Lord Willetts, and believe that they could all be on one card: an ID card. In fact, an ID card or smart card could be in the back of your hand, which you carry with you all the time, and not one that you carry in your wallet. A driving licence, a birth certificate, a marriage or civil partnership certificate, or an adoption certificate could all be on a smart card for all and used as an ID card. It could all be contained within one card. You would then use your thumb or finger, or your eye, wherever you need to use your ID card, certificate or whatever it might be.
This policy needs to be withdrawn at this stage of the Bill in favour of the introduction of an ID card or smart card for all that contains many of the things listed. I would object to a bank or building society chequebook, for instance—when did the noble Lord, Lord Willetts, last use a chequebook? I do not even know where mine is, let alone use it. I want to see all those things put on to one card or in the back of the hand.
Lord Stunell (LD)
My Lords, it has been a very wide-ranging debate, considering it is Report. I wonder if the House would accept me just focusing as far as possible on the business in hand and the amendments that we have in front of us.
First of all, I fully understand and accept the argument that the noble Lord, Lord Woolley, has put forward: that if everything else fails, we must pull this out. That would be my starting and finishing point. My noble friend Lord Rennard and I have tabled Amendment 7, which has found some favour among those who have spoken. We have made it clear that that would be something which fits very well alongside the amendment in the name of the noble Lord, Lord Willetts. It is just an addition to his list, but a very important addition, because people are familiar with the poll card. Those of us who, on election days, very often spend time trying to persuade people to put their coats on, always hear things like, “Oh, I have lost my poll card.” People already assume that the poll card is a significant thing that they need to take with them, so when it comes to acceptance, we understand it to be very much there.
To the noble Baronesses, Lady Verma and Lady Fox, and the noble Lord, Lord Desai—who feel that, somehow, to point to the fact that having voter ID might deter some people from voting is to pick out, talk down to or single out people in a patronising way—I say that we are responding to the evidence of the trials which were conducted by the Government and which are fully certified facts. The facts are that in those places, fewer people finished voting because of the ID system: it is not a huge number fewer but, as the noble Lord, Lord Willetts, pointed out, if we were to read across the data from those experiments, it would be 2 million voters who failed to vote as a result of having such a system in place.
The Government understand that there could be a problem, which is why they are prepared to spend somewhere between £120 million and £180 million getting those 2 million voters to come and vote—if only they would spend that amount on the 8 million not registered, it would be a very good thing. If we acknowledge that there is a problem whereby introducing voter ID reduces participation, let us look at the most straightforward ways of rectifying and lowering that barrier.
I believe that all these amendments are, in their different ways, making the same point. Obviously I want to make the case for Amendment 7 in particular, but I certainly do not exclude the others. It is important to get participation; it is important to consider the issues that have already been raised in the excellent speech by the noble Lord, Lord Willetts, where he prayed in aid the Pickles report. As I have said to the House before, I served with the noble Lord, Lord Pickles, in the department for a couple of years and I never heard him in favour of red tape. I cannot imagine that he seriously thinks that spending £120 million or £180 million on this scheme makes any sense when he has said himself that a utility bill would do.
I say to this House that, from every side, the argument is made that there will be a reduction in participation with an ID scheme. It will be lower if we can manage to make it without photo ID. The pilots showed exactly that: the schemes where no voter ID was needed had fewer voters refused and losing their vote. It is a very straightforward issue; there are bigger issues floating around, which we have heard already, but surely this House must understand and accept the case that, if we want to keep participation up, we need barriers to people going to vote to be at the lowest practical level consistent with a secure system.
Baroness Hayman of Ullock (Lab)
My Lords, I will not go over the ground that we have already covered—and there has been a lot—and will just speak to my amendments. Like a number of others in this group, they extend the acceptable forms of voter identification to broaden them out to include non-photographic identity documents. As has been said, the manifesto commitment for voter ID was not for photographic ID, but we respect the fact that the Government had a manifesto commitment to voter ID. My Amendment 6, in particular, would allow a polling card to be an accepted form of identification and would allow for the vouching system currently used in Canada, for example.
The noble Lord, Lord Rennard, mentioned that polling cards were used as the primary method of identification in some of the pilot schemes that were held and that some used a QR code on the card, which was then scanned at the polling station. It was felt that this was more secure but more expensive. However, the evaluation of the pilots also noted that:
“It is also not clear … that additional IT in polling stations … is absolutely necessary to support the use of the poll card as a form of identification.”
We believe on these Benches that the Government need to look at this again.
The Government could learn a lot from Canada on this subject. Its vouching system allows a citizen who has ID and appears on the electoral roll to sign an affidavit to confirm the identity of another voter who does not have identification. That provides a clear paper trail linked to registered voters so that any suspicions of irregularities can be investigated. It also ensures that many citizens without identification, or those who feel uncomfortable providing it, can still cast their vote.
In Canada, it is possible to present identification in up to 50 different formats. We have heard that even the Pickles report, on which the Government are leaning heavily in this part of the Bill, suggests that utility bills could be included as a possibility. The noble Lord, Lord True, has stated that photographic ID is the most “secure and appropriate” model of voter ID. However, the Government have consistently failed, as we have heard today from other noble Lords, to provide any evidence of personation fraud that would require this tightening of security around voters’ identity. As the noble Lord, Lord Woolley, said, the case for fraud has not been made.
In Committee the noble Baroness, Lady Scott of Bybrook, said that the issue is
“about making sure that as many people as possible take up their democratic right to vote”.—[Official Report, 17/3/22; col. 550.]
I could not agree more. However, if that is the Government’s intention, I genuinely do not understand why amendments to expand the acceptable documentation are not being accepted. We debated this long in Committee. We have heard again today that the availability of identification is lower among a certain number of groups and would likely drive down participation. There is clear evidence to support this. As my noble friend Lord Grocott said, this is a new hurdle. Enabling non-photographic identification and the adoption of a vouching system, as in my amendment, would help to mitigate against the serious concerns about the impact of photographic voter identification on turnout.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I am grateful to those who have spoken. In case I forget it, I will take up right at the start the point made by the noble Baroness, Lady Hayman, about post-legislative scrutiny; she has made it before. As I have said from the Dispatch Box and in our engagement, it is something on which the Government are reflecting.
If the proposition put by the noble Lord, Lord Woolley of Woodford, and the noble Baroness, Lady Jones, to leave out Clause 1 and Schedule 1 is accepted, your Lordships’ House will be saying to the other place, in striking out the whole proposition, that noble Lords find it perfectly reasonable for photographic identification to be required in our society for travelling, picking up a parcel and being allowed to drive but not for choosing Members of another place. That is the message your Lordships would send to another place, which has sent us this Bill with its approval.
As has been said by a number of those who have spoken, this topic has been discussed exhaustively in both Houses at almost every single stage of the passage of the Bill. This is not the first time that we have seen these amendments so I will keep my speech on the main points short; however, I will answer the detailed amendments that have been put forward.
The Government’s position on this debate has not changed. As the noble Lord, Lord Woolley, acknowledged, introducing a requirement to show identification to vote in polling stations was a manifesto commitment, was discussed during the election and is an issue in which the Government believe strongly. In our submission, voter identification is part of a series of measures that will help to prevent fraud and abuse taking place at polling stations.
There are issues of climate and balance, both of which were spoken to wisely by the noble Baroness, Lady Fox, and my noble friend Lord Hodgson of Astley Abbotts. We have thought carefully about these matters and believe that this is a reasonable and proportionate measure. I want to reassure the Chamber again that everyone who is eligible to vote will continue to have the opportunity to vote.
In an impressive speech that should give food for thought to a number of us, my noble friend Lady Verma asked whether the voter card was only for people without other accepted forms of identification. It is certainly in the interests of accessibility and helping people to vote and intended for those without other accepted ID, but there is no restriction on anyone applying for the free voter card, as long as they are registered or have applied to be. Cards will be available free of charge from each elector’s local authority for any elector who does not have one of the wide range of accepted forms of identification that the Government are already proposing—not unrecognisable identification, as the noble Lord, Lord Rennard, claimed, but yes, expired identification if it is recognisable.
Similar measures have been in place across the world and in this country; Northern Ireland has had photographic voter identification since 2003, when it was brought in by the Labour Government of the time. As I have said before, we submit that this is part of an essential suite of measures to ensure that our democracy continues to be effectively protected from fraud. The Government therefore cannot support an amendment to remove these propositions.
I will address specifically the various amendments that fall short of the total rejection of the proposition of photo identification. I think the noble Lord, Lord Desai, would fairly acknowledge that his speech was not entirely welcome to some in the House, but he spoke one truth that was picked up by my noble friend Lady Verma. He said he saw no reason why anyone should be put off by having to show photographic identification, and we agree with him on that.
The noble Lord’s Amendment 2 would provide that the Electoral Commission should be responsible for issuing voter cards, rather than individual EROs. Amendment 3 would say that voter cards should be issued automatically to all eligible electors rather than just those who apply for them, and Amendment 4 has specific details that should be on the cards. Collectively, they would make a significant change to our voter identification policy. By including significantly more personal information and mandating that they be issued unilaterally to the entire electorate for relevant elections, the noble Lord’s proposition would in effect become tantamount to a national identity card. He is very happy about that, as indeed is the noble Lord, Lord Maxton, but this is not something that the Government intend in any way in these propositions or have plans to introduce, and therefore—I regret to tell the noble Lord, Lord Desai—not something we can support.
I now turn to Amendments 5 to 7, spoken to by the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Stunell, regarding alternative options for voters to prove their identity at polling stations. The Government cannot support these amendments either, as they would open the way to use of documents that are less secure than those in the list we have put before your Lordships.
The first suggestion, in Amendment 6, is that an elector could prove their identity by showing any document issued to them by their local authority or returning officer that shows their name and address, or their poll card. This is not something we can support. Few, if any, such documents will show a photograph of the elector, so they cannot be used simply and easily to prove at the polling station that the bearer of the document is who they say they are. Such documents could easily be intercepted—particularly in places of multiple occupation, for example—and could give false legitimacy to a potential personator.
Allowing any documents issued by local authorities or returning officers would also open significant avenues for forgery, for a forger would simply need to copy the letterhead from correspondence, which would be straightforward to extract from an electronic version emailed to them by their local authority.
Similarly—and I know the noble Baroness feels strongly about this, and I understand her feelings about it—permitting attestation at polling stations is not something this Government can support. Again, all attestation would leave open an avenue for electoral fraud, and potentially expose legitimate electors to a situation which I know from our previous debates everyone in this House wishes to prevent, where an elector could be intimidated or coerced into breaking the law to falsely vouch for a person.
Lord Grocott (Lab)
The Minister mentions attestation, but this Bill specifically introduces at a later stage the allowing of attestation for overseas voters to get on the electoral roll, so I cannot see why he is quite so concerned about this.
Lord True (Con)
My Lords, I am explaining to the House why we are concerned in this particular context. I would have thought the noble Lord, having listened to the speech by my noble friend Lady Verma, might feel there is something in what she said.
I wish to reassure your Lordships that our intention remains to realise our ambition that the last possible point at which electors can apply for a voter card will be 5pm the day ahead of a poll. We consider that this too should reduce the need for attestation. Up to 5pm the day before a poll, the card will be available.
I now turn to Amendment 8 laid by my noble friend Lord Willetts—others have supported it. It suggests an even wider number of new documents that could be used as a form of identification at the polling station. This too is a topic debated at length in both Houses, and the other place settled on the propositions we have before us.
As I have already discussed, the majority of these suggestions do not show a photograph of the elector and so cannot provide the appropriate level of proof that the bearer is who they say they are. Looking further down the list in Amendment 8 at some of the suggestions which do display photographs, I wish to reassure noble Lords that the list of identification was developed with both security and accessibility in mind—this point was addressed by my noble friend Lord Hodgson of Astley Abbotts in his thoughtful speech. Unfortunately, some of the forms of identity listed in my noble friend’s amendment are not sufficiently secure for this purpose.
We cannot permit any workplace ID or student ID card, as we cannot be sure of how rigorous the process is to issue these documents. The 18+ student Oyster photocard and the National Rail card have also been suggested before—unfortunately, currently, the process for applying for these documents is insufficiently secure for the purposes of voting. The final suggestion on the list is the Young Scot National Entitlement Card. This card is accredited by PASS, the National Proof of Age Standards Scheme, and so will already be accepted as proof of identity under the current proposed legislation.
Should further forms of photo identification become available and—I stress this—be sufficiently secure, I reassure the House that the Bill already makes provision, in paragraph 18(4)(1Q) of Schedule 1, for the list to be amended so that additional identification can be added or removed as necessary without the need for further primary legislation.
In summary, taken together, these amendments would weaken the security of our elections and the propositions that we have put before your Lordships. Therefore, they are not something we can support. I urge the noble Lord to withdraw his amendment.
Lord Grocott (Lab)
I apologise for intervening again, as we are trying to get on with this, but I did ask a specific question. What, if any, estimate have the Government made of the effect of these proposals on turnout in elections? If they have not made any estimate of that, why not?
Lord True (Con)
My Lords, the Government’s objective—as indeed is the objective of anybody who practices the art of politics—is to achieve the highest number going to the polling station. The noble Lord knows well that turnout is not affected by any specific institution or object; turnout varies according to the electors’ very broad perceptions of the state of politics. If the noble Lord, Lord Grocott, were standing as a candidate in the constituency in which I was living, I would flock—if an individual can flock—to the poll to vote for him; I might not for others. Turnout is contingent, but the Government’s desire is to see as many people as possible voting. That is why the photo ID card will be free and why the Electoral Commission will operate a major national publicity campaign from next year to ensure that people are fully aware of it.
Lord Woolley of Woodford (CB)
It has been an interesting debate. I want us to move on, but I want to pick up a couple of points raised, not least those raised by my noble friends Lady Verma and Lord Desai regarding the point that there is not a race issue around voter ID. I think we should put our political colours aside for the moment—that is really important—and look at the facts. When we did these pilot projects, there was one in particular in Derby in which Africans, Asians and Caribbeans—more colloquially, black and brown people—came to vote and did not have the right identification. Many—and this is the point—disproportionately black and brown people, did not come back to exercise their franchise.
I do not know where people get their information from but if we base this on the facts we see that we are hit harder—and that is before we even get to the polls. If you calculate the number—it was between 0.5% and 0.7%—of those who came to the polls, were turned away and never came back, and translate it to the general population, you will see that we would be looking at hundreds of thousands, if not more than 1 million people, being turned away before exercising their franchise. Are we happy to accept that? Ask yourself that one question.
The other point I want to make is this. People talk about identification cards, but let me ask the House these straight questions. How many noble Lords—raise your hands—have been stopped and searched by the police? How many noble Lords have been stopped and strip-searched? I am sorry if noble Lords find this funny. It really is not funny—ask Child Q if it is funny. I say to my noble friend Lady Verma that for a lot of young Africans and Asians the worry is that, in the hands of the authorities, identification cards will be used to target us, because that is our lived experience. So we worry: we worry that it will be abused; that we will be harassed and humiliated. I know this is a digression, but the subject came up and I wanted to knock it on its head.
I am also from Leicester and I also know the young Africans and Muslims there. They are worried about what we do here. They want us to use our energy and our wisdom to ensure that they know about this institution, that they understand it, and that they can effectively register to vote—which I hope we will vote on shortly—and for people like me to express their lived experience and protect them. That is why I am worried about photo ID. I want to make it work. I want to bring people in, not lock people out.
I thank noble Lords for giving me that time. I beg leave to withdraw the amendment.
Lord Desai
Lord Desai (Non-Afl)
I want to move Amendment 2 because I feel that I have a simpler solution to what the Government propose. I beg to move.
Lord Willetts
“(1HA) In this rule a “specified document” also means any of the following documents (in whatever form issued to the holder)—(a) a driving licence;(b) a birth certificate;(c) a marriage or civil partnership certificate;(d) an adoption certificate;(e) the record of a decision on bail made in respect of the voter in accordance with section 5(1) of the Bail Act 1976;(f) a bank or building society cheque book;(g) a mortgage statement dated within 3 months of the date of the poll;(h) a bank or building society statement dated within 3 months of the date of the poll;(i) a credit card statement dated within 3 months of the date of the poll;(j) a council tax demand letter or statement dated within 12 months of the date of the poll;(k) a P45 or P60 form dated within 12 months of the date of the poll;(l) a standard acknowledgement letter (SAL) issued by the Home Office for asylum seekers;(m) a trade union membership card;(n) a library card;(o) a pre-payment meter card;(p) a National Insurance card;(q) a workplace ID card;(r) a student ID card;(s) an 18+ student Oyster photocard;(t) a National Rail Railcard;(u) a Young Scot National Entitlement Card.”
Lord Willetts (Con)
My Lords, I think it is important to test the opinion of the House. The Minister spoke very eloquently but this is still an enormous and expensive measure of red tape to solve a problem that no one insists is a serious issue in the British electoral system. I therefore seek the opinion of the House.
Baroness Quin
Baroness Quin (Lab)
My Lords, I shall speak to Amendment 9A and also Amendments 9B and 70, which are consequential amendments in this group. These amendments relate to my ongoing concerns about the new postal vote restrictions in Clause 3 and Schedule 3.
I wrote to the Minister about this subject following our earlier, very brief discussion. In particular, I asked him what evidence there was to back up his remarks that an indefinite postal vote, in the way we have at present,
“presents a significant security concern”.—[Official Report, 21/3/22; col. 739]
For reasons that are completely understandable, I did not receive a reply before the deadline for tabling amendments. It is a pity, in a way, because I might not have felt it necessary to table these amendments if I had been able to receive a reply, but I totally understand that the Minster was unavoidably absent over recent days, and I realise too that it would have been better to send my email to the department rather than using a parliamentary route. None the less, I am very glad that the Minister is back with us today. As I say, there was a brief discussion on 21 March about the new restrictions on postal voting. Unfortunately, I could not be present on that occasion, but I was very grateful to my noble friend Lord Collins of Highbury for referring to some of my concerns.
The background to this is that I come from a part of the country where postal voting rates are among the highest in the UK, and have been consistently so ever since the Labour Government’s experiments with all-postal ballots between 2001 and 2005. For example, in the 2010 election, eight out of the top 10 constituencies for postal voting were in Tyne and Wear. Newcastle Central was at the head of the list, with a rate of over 40%. I very well remember, in my old constituency of Gateshead East and Washington West, when the all-postal ballots took place, I was so struck by the number of people who had not voted by post before and really appreciated it because they felt it suited their lifestyle much more.
Voting in person, on a Thursday—a system that came into force when most people lived and worked very locally and there was far less commuting and travel—has become very difficult for a lot of people, and remains difficult. Many of us who have knocked on doors on election day to try to get people out to vote at the last minute have experienced this. Sometimes people have come home from work and are reluctant for all kinds of reasons. Whether it is the weather or something much more important perhaps, such as leaving a child at home, they are very reluctant to venture out again. We have seen this phenomenon grow over the years so that it has a negative effect on turnout. When the all-postal ballots took place in my area, in local elections we experienced a hike from 20% to 50%. In the area that I lived and knew, there were no instances of fraud whatsoever; there was no evidence of fraud.
At the time, the Conservative Party was very much opposed to these postal ballots, fearing that the Labour vote in particular would go up. However, when one looks at the evidence, particularly over a number of years, this is not really the case. Voting went up dramatically, but it did so proportionately.
As a result of these experiments, postal voting in my part of the world has remained very high. I mentioned that, in the 2010 general election, eight out of the 10 highest constituencies for postal voting were in the north-east. In 2017, that was still true—Newcastle North was, I think, head of the list with 44.3%. In the 2019 election, the rate fell slightly but, none the less, in the north-east it was still high with, I think, Houghton and Washington East having the highest rate.
In raising these concerns today, I am concerned in case this Conservative Government are in some way antagonistic to postal voting. I ask the Minister: is it the Government’s aim to facilitate postal voting or hamper it? It seems to me that it would be particularly crazy to make it more difficult for postal voting to take place at a time of a pandemic, when postal voting is particularly valued by people who, for various reasons, might be nervous about going to polling booths. The Pickles report, which has a lot of good things in it and has been quoted by a number of Members during the course of our debate, was, I think, in favour of some restrictions on postal voting, but let us remember that it was produced in 2016, pre-pandemic and before the experience of the last couple of years. Listening to the earlier debates today, and listening to so many people, quite rightly, worrying about a decline in voting, I think it seems crazy to bring in a measure that does not seem to be backed up by evidence and could reduce the number of people taking part in an election and, in particular, voting by post.
I know that, over the years, there has been much stress on the danger of fraud and, although there have been instances of fraud, which I completely deplore, they would not have been stopped by these provisions in the Bill. The fraud took place in different circumstances. Also, keeping on talking about fraud, in areas where there has not been any, does talk up a non-existent problem. I very much agreed with the comments made earlier by my noble friend Lady Lister on that subject. Certainly, the more it is said that there is a problem of fraud, the more in general that the electorate is likely to perceive that there is a problem of fraud. Yet, in constituencies where postal votes have had the highest rate of participation, there has not been fraud. As I say, in any case, these particular measures would not have prevented fraud that has happened elsewhere.
My honourable friend Fleur Anderson in the House of Commons made this and similar points in another rather short debate on the subject. I was disappointed that, in her reply, the Minister in the Commons said that Labour was simply focusing on costs and administrative burdens and that these were being overstated. This was not true. My honourable friend was mostly concerned with the lack of evidence in backing up these new restrictions. The measures were also criticised by Scottish members in the House of Commons—not surprisingly since Scotland and Wales allow indefinite postal voting under the current arrangements but will have to impose the new limits for UK parliamentary elections only. This leads to a confusing and unjustified situation.
Lord Rennard (LD)
My Lords, there is a problem with permanent postal votes, and it is a problem for which I am partly responsible. It is the issue of matching the signatures on the applications to vote by post with the certificate that goes with the ballot papers when they are sent off. That arose from an amendment for which I was responsible quite some years ago, when my concern was to reduce the prevalence of postal vote fraud. I thought it was important to have matching signatures on the application to vote by post and the certificate on the ballot paper. But I have some reservations about what will happen if we end permanent postal votes. It may mean you get a fresh signature on the application that can be compared with the certificate that goes with the ballot paper, and the problem at the minute for which I am partly responsible is that, very often, the signature is deemed not to match the signature on the application to vote by post. Sometimes this is because, as people get older, their handwriting changes, and large numbers of postal votes are rejected. There is a problem and a case for people re-registering.
My fear is that if we stop the system of automatic postal votes, trying to get people to renew their postal vote applications will favour the richest parties with the biggest databases, which are more able to contact people by post and ask them to re-register. Mitigating against that will be the new system for applying to vote by post online, and I very much welcome that. But I wonder if the Minister might be able to tell us how you can maintain a system of verifying signatures on an application to vote by post and a certificate that accompanies the ballot paper—and do so online.
I also wonder, for the millions of people who choose to vote by post, when their three-year limit comes to an end, how they will be told that they have to apply again to vote by post. It seems that one letter in the post would not be enough. We need an extensive government communication campaign to tell people that if they wish to apply to vote by post, they need to do so and to reapply by the end of their three-year limit.
Baroness Hayman of Ullock (Lab)
I will be very brief, because we need to make progress. I just say that, clearly, we are aware that there have been issues with postal vote fraud, and it is important the Government do everything they can to tackle this. However, I understand the concerns so clearly laid out by my noble friend Lady Quin, who makes some good points about potential unintended consequences of these changes. I would be very interested to hear the Minister’s response and his reassurance on these matters.
Lord True (Con)
My Lords, I thank the noble Baroness, Lady Quin, for her kind remarks, and I apologise that she did not get a response. I assure her that I was horrified when I went into my office this morning and found her letter there, but I did not have a forwarding arrangement to my sick bed, I am afraid. I understand that the purpose of the clause that she wants to remove is to seek to strengthen the current arrangements for applying for a postal vote. It is not intended to in any way attack the principle of the postal vote.
The noble Baroness asked about evidence. The Electoral Commission winter tracker for 2021 found that 21% of people who were asked thought that postal voting was unsafe compared to 68% who thought it was safe. There has been evidence of postal voting fraud reported in Tower Hamlets, Slough, Birmingham and Peterborough among other places, but that does not invalidate the case for postal voting itself. What the Government are proposing is to facilitate online application, as the noble Lord, Lord Rennard, said we are doing. Our intention, as with other elements in this Bill, is to improve safeguards against potential abuse.
As the noble Baroness acknowledged, the set of measures implements recommendations in the report by my noble friend Lord Pickles—he has appeared behind me—into electoral fraud that address weaknesses in the current absent voting arrangements. Also, a 2019 report by the Public Administration and Constitutional Affairs Committee gave support to the proposed voting reforms. The proposal is to require an elector to reapply at least every three years, and that will enable the electoral registration officer to regularly assess the application and confirm that they are still an eligible elector. Also, it gives an opportunity, as I said at an earlier stage of the Bill, for someone caught in a cycle of coercion, or who is coerced into having a postal vote to enable their vote to be influenced on an ongoing basis, to break out of that situation. It makes it harder to maintain ongoing coercion.
Keeping details more up to date will reduce wasted costs of postal votes being sent to out-of-date addresses where, again, there may be risk of abuse. Under the Bill, there will also be transitional provisions for existing long-term postal voters, and we intend to phase in the measure for them so that they will have advanced notice to enable them to prepare for the administrative change. EROs will be required to send a reminder to existing postal voters in advance of the date they cease to have a postal vote and provide information to them on how to reapply for it, including online. We believe this is an important measure that could strengthen the integrity of postal voting and not undermine it in any way.
I will of course reflect on the points the noble Lord, Lord Rennard, made in the debate. I was surprised to hear him accepting responsibility; I thought he accepted responsibility only for defeating Conservative candidates at elections. But I will take that admission as well.
Postal voting remains an important part of our electoral system. We do not believe that moving from five to three years, for reasons including those referred to by the noble Lord, Lord Rennard, would invalidate the position, and I hope the reassurance I have given, and the supporting evidence, plus the reports and recommendations I have cited, will enable the noble Baroness to withdraw her amendment.
Baroness Quin (Lab)
My Lords, I thank the Minister for that reply. I am still somewhat concerned about the possible effects of these measures, but I am encouraged by the Minister’s words that the Government in no way want to discourage postal voting and they see it as an important part of our electoral processes. I just hope that the Government will look at the evidence as the situation progresses. In the light of what has been said, and in the interests of making progress, I wish to withdraw the amendment.
Member’s explanatory statement
This amendment fixes a minor drafting issue in relation to references to local government elections.
Lord True (Con)
My Lords, I rise to speak to Amendments 10 to 18, 20 to 25, 47 and 50 tabled in my name. Apart from Amendments 20 to 25, these are all technical amendments to ensure consistency with the way in which local government elections are currently referred to in the Representation of the People Act 1983. The relevant provisions under Part 2 of the 1983 Act refer to
“an election under the local government Act”
rather than using the term “local government election”, and these proposed amendments therefore reflect the more appropriate terminology to use. They will also ensure that earlier amendments applying these matters to reserved elections only meet that stated aim.
Finally, due to earlier amendments to ensure that the modernised undue influence offence applies only to reserved and excepted elections, amendments in Schedule 5 which currently cross-refer to Section 115 of the 1983 Act should instead refer to the new Section 114A. Technical Amendments 20 to 25 will correct this to ensure that the amendments made by the schedule function as intended. I hope that noble Lords will be able to support those amendments. I beg to move.
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
This amendment makes a minor change to the terminology used in new section 114A of the Representation of the People Act 1983 (undue influence), consequent on the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
This amendment makes a minor change to the terminology used in new section 114A of the Representation of the People Act 1983 (undue influence), consequent on the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
This amendment makes a minor change to the terminology used in new section 114A of the Representation of the People Act 1983 (undue influence), consequent on the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
This amendment makes a minor change to the terminology used in new section 114A of the Representation of the People Act 1983 (undue influence), consequent on the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Lord Hayward
“Security of the vote
(1) The Electoral Commission must issue guidance on—(a) steps that presiding officers or clerks should take to ensure the secrecy of the ballot in polling stations, including on barring anyone from accompanying the elector into the polling booth, unless on grounds of infirmity, and(b) compliance with the provisions in section 8.(2) Local authorities and returning officers must take such steps as are necessary to ensure that the guidance under subsection (1) is followed.”
Lord Hayward (Con)
My Lords, I first welcome my noble friend the Minister back to his place. He has dealt, as manfully as he possibly could in the circumstances of his ill health, with queries that many of us have had, although I just wish that when he was referring to the noble Lord, Lord Rennard, he had not referred to his greatest victories, since that was a dagger fairly close to my heart—but that is another matter.
In Committee, I moved an amendment in relation to secrecy of the ballot, and I identified the serious problems we have with what is called “family voting”. This is not just in relation to Tower Hamlets but elsewhere too. In the response to that amendment, my noble friend Lady Scott was very helpful in saying:
“The current legislation requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a child of a voter, a formal companion or a member of staff.”
It is fair to say that there was unanimity in the Chamber in relation to that as an understanding of the law. My noble friend then went on to say:
“However, given the important concerns that have been raised on the secrecy of voting, Minister Badenoch will be writing to the Electoral Commission and the Metropolitan Police to confirm our common understanding”—
that confirms the unanimity within this House—
“that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purpose of supporting an elector with health and/or accessibility issues”.—[Official Report, 21/3/22; cols. 750-51.]
My noble friend the Minister has been exemplary in her writing a letter, and it is fair to say that we have had very quick replies from both the Electoral Commission and the Metropolitan Police. One might, therefore, wonder why I am raising this question and this amendment at this stage, but I want briefly to go back over the history of the problems in Tower Hamlets, although it also relates to other parts of the country as well.
While looking at this issue, I turned up a report prepared by the Electoral Commission in 2013, and it said then:
“Without taking steps now to begin rebuilding confidence and trust between the key participants in the election process, we are concerned that the May … elections will again be damaged by allegations of electoral fraud.”
We then had the farce of 2014 in terms of what went to court with Lutfur Rahman. Despite what the Electoral Commission said in that report, Richard Mawrey criticised the commission in paragraph 274 of his judgment:
“All one may say, with the greatest of respect for the Commission, that the enquiries into the structures of”—
Tower Hamlets First—
“cannot have been excessively rigorous.”
We then had the court case and then, in 2018, Democracy Volunteers—to which I referred in the last debate—produced a report citing quite staggering numbers for family voting continuing to take place. Therefore, action is clearly not being taken.
Lord Stunell (LD)
My Lords, I have a great deal of sympathy with what the noble Lord, Lord Hayward, has put in front of your Lordships just now. I would have hoped to hear a much more vigorous response from both the Electoral Commission and the Metropolitan Police if the facts are exactly as he brought them to this House. I hope very much that the Minister in replying will be able to give assurances on the one hand about past history but, more importantly, that the department will write in appropriate terms to the Electoral Commission and the Metropolitan Police setting out clearly the best legal advice of the department’s lawyers on the interpretation to be put on current legislation. If the Minister is not able to offer us that course of action, I suggest that the noble Lord, Lord Hayward, may want to push his amendment a little further.
Lord Collins of Highbury (Lab)
My Lords, I, too, have sympathy with the noble Lord, Lord Hayward. Certainly, this is a matter of concern. I will stress a point he has made: the law is clear, and there is no ambiguity about that. So, if there is an issue, I think it is a matter that the Minister should raise with the Electoral Commission.
Over the many years that I have been campaigning, I have been in no doubt about the authority of the police who patrol around polling stations. It is absolutely clear. One of the things that worries me about the amendment is that it is not necessarily going to clarify something which I think is clear in law. I think it is the responsibility of the Minister to make this clear to the Electoral Commission. The police should have that responsibility; they do not need the advice of the Electoral Commission to apply the law, which, as the noble Lord said, has been there for hundreds of years.
So I hope that the Minister, when he responds, will be very clear that the law needs to be applied and that there is no doubt about it. If there is ambiguity from the Electoral Commission, I hope that the Minister will point it out to it.
Lord True (Con)
My Lords, I thank my noble friend for bringing this subject forward again. I know he strikes a chord with all of us on all sides of the House. It is an important issue. There is an important principle which underpins these concerns, and I agree with the noble Lord opposite that the law is clear. Indeed, in the material sent out for the Tower Hamlets elections in May 2022, the guidance to electors states:
“Under no circumstances are family members and/or friends permitted to assist each other when casting their vote in the polling booth”.
That is clearly the position.
A person’s vote is theirs and theirs alone. I have said before in this House that it is completely unacceptable in the 21st century that women—and it is normally women—experience pressures from family members in the way that we have seen. The Government fully share the feelings of Members who have spoken about the importance of ensuring that this is firmly stamped out from our elections. Secrecy of the ballot is fundamental, and I state unequivocally that the current law requires that voters should not be accompanied by another person at a polling booth except in specific circumstances, such as being a formal companion or a member of staff.
The Electoral Commission issues guidance to returning officers and their staff to support them in upholding the integrity of the process. The Electoral Commission guidance specifically advises polling station staff that they should make sure that voters go to polling booths individually, so that their right to a secret vote is protected. The Electoral Commission will update its existing guidance as necessary, in light of new Clause 8 in the Bill, which extends secrecy protections to postal and proxy voting.
As my noble friend asked when we last discussed this, given the important concerns that have been raised on voting secrecy, Minister Badenoch wrote to the Electoral Commission and the Metropolitan Police, as my noble friend acknowledged, to confirm our common understanding of the position in law that the only people who should provide assistance at a polling booth are polling station staff and companions who are doing so only for the purposes of supporting an elector with health and/or accessibility issues which need such support. That is the position.
My noble friend spoke about the concerns he still has on the ongoing integrity of elections in Tower Hamlets. However, I hope that having seen the swift commitment of my honourable friend Minister Badenoch to take this issue up, he will be assured that there is and will be a concerted effort to ensure that the integrity of those elections can be upheld and that the law can be upheld everywhere. I know that my noble friend was not satisfied with elements of the Electoral Commission’s response, but I hope very much that the commission will examine what has been said in your Lordships’ House today and reflect on the points put forward. In that light, I hope that my noble friend will feel able to withdraw his amendment.
Lord Hayward (Con)
I thank my noble friend for his response, which I find reassuring, but I find more reassuring the clear statements from all sides of the House and the emphatic manner in which they were made. Some sections of the Electoral Commission’s guidance relating to the process of voting are inadequate and have given rise to confusion for the police in terms of the actions they take. If I could make one request of the Minister, I hope he will have conversations with a number of people over the next week or so and that, as a result, the Electoral Commission will rewrite certain sections of its guidance. They need to be rewritten to provide reassurance to polling station staff, the Metropolitan Police and other police forces. Given the speedy way in which the Minister in the Commons responded previously—I am sure she will do the same on this occasion—I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment updates a reference to the provision in the Representation of the People Act 1983 relating to undue influence in parliamentary elections, in consequence of amendments made to Clause 8 during Committee stage.
Member’s explanatory statement
See the explanatory note to the amendment in Lord True’s name at page 113, line 14.
Member’s explanatory statement
See the explanatory note to the amendment in Lord True’s name at page 113, line 14.
Member’s explanatory statement
See the explanatory note to the amendment in Lord True’s name at page 113, line 14.
Member’s explanatory statement
See the explanatory note to the amendment in Lord True’s name at page 113, line 14.
Member’s explanatory statement
See the explanatory note to the amendment in Lord True’s name at page 113, line 14.
Lord Holmes of Richmond
Member’s explanatory statement
This amendment and the amendment in Lord Holmes’ name at page 12, line 22 reference the need for equipment provided for a polling station under rule 29(3A) of Schedule 1 to the Representation of the People Act 1983 to enable or facilitate independent and secret voting by voters who are blind or partially sighted or have another disability.
Lord Holmes of Richmond (Con)
My Lords, I will also speak to Amendments 27 to 30 and 34 to 37, which are all in my name. I thank my noble friend the Minister for the courtesy he showed in meeting me on a number of occasions, and his officials for the helpful discussions we have had since Committee. In particular, I thank the noble Lord, Lord Blunkett, for co-signing my amendments and for his wisdom and support, which are well known and appreciated across the House.
In Committee, I set out three pillars that blind and partially sighted people—indeed, all people—should be able to expect when voting: to be able to vote inclusively, independently and in secret. I carry these three pillars through to Report; they are the key pillars anyone should be able to rely on when exercising the most essential and fundamental right in our democracy.
The suite of nine amendments that I set forward would transform Clause 9 and achieve these three pillars, not least for blind and partially sighted voters. The clause will be simply changed by the insertion of “independently” after “to vote”, and the insertion of
“(including in relation to voting secretly)”
after the words “rule 37”. If agreed, this would set out in statute a high standard that any equipment provided would have to meet for voting independently and in secret.
I have not changed some of the Government’s drafting, which refers to “such equipment” that “is reasonable”. “Reasonable” would apply were it in the Bill or not, by operation of equalities legislation in this country, so it is all the better for being up front in this clause. I have also not changed the wording
“enabling, or making it easier”.
My interpretation of this wording is that it is a two-limb test for the equipment to be provided. I ask my noble friend the Minister to confirm whether this is the Government’s view. I believe that is how “enabling” comes into play for people such as myself, who would not be able to vote at all without such equipment. For those people who potentially can vote, but for whom it is unreasonably difficult for a whole host of reasons, “making it easier” comes into play. I see these as two separate and important elements of the clause, which are not set out as a choice to either enable or make it easier. I would welcome my noble friend’s view on that element of the clause.
I also talked in Committee about the real need to avoid a postcode lottery, which is absolutely critical. Whether you vote in Kidderminster or Kew, Cambridge or Sheffield, a blind or visually impaired person—or indeed any disabled or non-disabled person—should be assured that there is provision that meets that standard. Prescription could be either of equipment or, as set out in my amendment to new paragraph (3B), around a standard, which I believe is far more than the minimum standard.
Alongside this, moving forward from my Amendment 20 in Committee, I have set out a number of provisions for the Electoral Commission on these needs: to issue statutory guidance; to consult relevant organisations that will have expertise to bring to bear for the guidance; for a duty to report on what has happened at elections on accessibility and provision; and, for the first time, a duty to put in place performance measures around accessibility for returning officers. Added to this is the need for a “have regard” duty on returning officers for this guidance. Again, I believe that “have regard” is a high statutory duty to achieve.
Amendments 34 to 37 are equally important. They would do exactly what I have just set out in the context of Northern Ireland local elections.
Taken as a whole, these nine amendments would transform Clause 9 and Schedule 6 in terms of inclusive, independent and in secret provision for blind and partially sighted voters. Crucially, if adopted, they would not only make voting inclusive, independent and in secret but mean that people would no longer find voting difficult, upsetting, humiliating or demeaning. Even more so, they should mean that people who perhaps have never voted, for reasons of lack of inclusion, or inability to vote independently or in secret, will be encouraged to come to the poll and exercise their democratic right. I believe these amendments will achieve that. I hope my noble friend the Minister will support them in full. I very much look forward to the debate and I beg to move.
Lord Thomas of Gresford (LD)
My Lords, I express my full support and that of the Liberal Democrats for the noble Lord, Lord Holmes of Richmond, for producing this amendment. I congratulate him in particular on the success of his negotiations with the noble Lord, Lord True. I also congratulate the noble Lord, Lord True. This is a very sensible way to deal with a problem that I had not appreciated until last year, when I was partly sighted. The amendment stresses that a person suffering from blindness or partial sight, or another disability, can vote independently and in secret, and will not have to face the humiliation to which the noble Lord, Lord Holmes, referred of having either to announce his vote publicly in a polling booth or to have someone else vote for him.
It was very wise for he and the Minister to agree that the Electoral Commission should give guidance to returning officers and that it would have to consult the bodies concerned—the RNIB and others—before specifying the sort of mechanisms which would enable this to happen. One of the good things about this is that it is not prescriptive and so it allows the mechanisms to improve over time, as new inventions come forward. In Committee, I talked about the pilot scheme going on in, I think, Norfolk, where not only was a frame put over the ballot paper but information was given to the voter by a recording as to what was on the ballot paper. That was an interesting pilot scheme, but maybe more things will develop in the future and the wisdom of these provisions will be recognised. Having agreed the report that must be returned by returning officers, that of course ensures that these provisions are carried out. I very much support this amendment.
Baroness Lister of Burtersett (Lab)
My Lords, I too very much support and welcome these amendments. I am very pleased that there have been discussions which have led to an agreement. However, I have been approached by the RNIB, which welcomes the amendments but has some concerns. I want to raise a couple of them now.
One concern was partially addressed by the noble Lord, Lord Holmes of Richmond, when he talked about the postcode lottery. He argued that there is a minimum standard contained in the amendments, but the RNIB’s view is that there still is not a minimum standard of provision specified in the Bill. It would like to see that being more explicit. I would be grateful if, when responding, the Minister could explain how he sees the question of a minimum standard and whether the Government might be minded to tighten it up a bit.
One of the other points the RNIB makes—we discussed this in Committee—is that it is very keen that trials of potential accessible voting solutions continue. Therefore, I would be very grateful if the Minister could commit to driving innovation through government-run trials in the future.
Lord Kerslake (CB)
My Lords, I shall make three brief points. First, I congratulate the noble Lord, Lord Holmes, on his valiant efforts to move this forward in a constructive way. This has been exemplary, in my view. Secondly, I wholeheartedly support his amendments, which I think will move this on. In Committee, I was seriously concerned about what was being proposed by the Government; according to the RNIB, we had moved things backwards from where we are at the moment and that was a serious concern. I am sure there is further work to do, but nevertheless this set of amendments will move things forward, and that is greatly to the noble Lord’s credit. Thirdly, I entreat the Minister to give his support to what I think has been a really excellent piece of work.
Baroness Jones of Moulsecoomb (GP)
My Lords, I support the nine amendments of the noble Lord, Lord Holmes of Richmond, and congratulate him on pushing this issue. His very modest yet elegant amendments fit into this Bill very well.
I have two more points to make. Why were such accommodations not in the Bill already? The Government are constantly consulting on this or that; surely this is an area that they should have thought about including. They have at least given way now—I hope after my remarks they will not withdraw the offer. Finally, the Royal National Institute of Blind People sent a briefing about this, and it is clear that it feels the Government could go a lot further. It gave two statistics that I thought were quite interesting: every day, 250 people start to lose their sight; and age-related macular degeneration is the leading cause of blindness in adults. Clearly, this is a problem that is going to increase. Therefore, the Government have to look forward and should perhaps bring something even better to update the Bill.
Lord Pickles (Con)
My Lords, I stand briefly to speak on this and to apologise to my noble friend for missing the entire Committee due to contracting Covid. I have been away at a public inquiry today, but it was great to arrive at the point to hear my noble friend Lord Holmes making these very sensible suggestions. I raised this issue at Second Reading and I am immensely grateful to my noble friend the Minister for accepting these amendments and making these changes, which will bring enormous dignity to the voting process. Again, I congratulate my noble friend, Lord Holmes.
Baroness Hayman of Ullock (Lab)
My Lords, we very much welcome and support the amendments put forward by the noble Lord, Lord Holmes, and thank him for so clearly laying out their importance in his introduction. I also congratulate him and my noble friend Lord Blunkett on their continued work and persistence on this matter.
We welcome that these amendments will mean that, for the first time, the Electoral Commission would be tasked by law to create specific guidance to address the needs of blind and partially sighted and other disabled voters at the ballot box. This is long overdue. We strongly urge the Minister to accept these amendments and hope that he will look on them favourably.
However, as other noble Lords have mentioned, the RNIB has raised concerns with some of us, so I would be grateful if the Minister could provide clarification and reassurance on some issues that have not been raised so far. The first question it asks is this: how do the Government anticipate
“such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for, relevant persons to vote”
independently being interpreted? How do they see the interpretation of that phrase? The noble Lord, Lord Kerslake, mentioned that the RNIB is concerned that we must not go backwards. Its concern on this is that “making it easier” to vote is still weaker than the right to vote “without any assistance”, as in the current wording.
It would also be helpful if the Minister could look at how this would be managed going forward, including availability and the cost of the provision of equipment for returning officers and how that would be supported at local government level. It would be helpful if the Minister could confirm the body that he anticipates will fund individual items of equipment provided in polling stations. I am not sure whether the Government currently provide the funding for the tactile template—I am sure other noble Lords know. Again, it would be helpful to know if that is currently the case. Obviously, we need to have certainty in these areas, because the last thing we want to see is a legal challenge if the expected equipment is not provided.
In summary, we welcome these amendments and urge the Minister to accept them. We thank all noble Lords for an important debate and, again, thank the noble Lord, Lord Holmes, for pushing this and bringing it to this stage.
Lord True (Con)
My Lords, I thank all noble Lords who have spoken for their general welcome and support for the amendments tabled by my noble friend Lord Holmes. I can tell the House that the Government are very pleased to be able to accept these amendments. I pay tribute to my noble friend and to the noble Lord, Lord Blunkett, for their hard endeavours in helping us to improve accessibility measures in the Bill. It has been quite a pleasant operation for me to return to my old office, which I used to share with my noble friend Lord Holmes, and see a couple of my pictures still hanging on the wall—I had forgotten about those. I thank those who have spoken and am grateful for the kind words said by many, including the noble Lord, Lord Thomas of Gresford. There was one slightly discordant note from the Green group, but a great effort has been put into working together to find a solution that works for all parties.
We have been clear from the outset that the Government’s intention with these changes is to improve the accessibility of elections. My noble friend Lord Holmes and the noble Lord, Lord Blunkett, have understood our policy intentions and introduced welcome changes that complement and improve them. These amendments will introduce specific reference to supporting disabled voters to vote independently and secretly through the provision of assistive equipment by returning officers. While the existing drafting of the duty to support disabled voters would undoubtedly have facilitated the provision of suitable equipment for this purpose, this amendment will underline the importance of equipment to enable or make it easier for voters to vote independently and secretly, where that is practicable.
My noble friend specifically asked me—as, I gather, did the RNIB, which I took great pleasure in meeting in the course of these discussions—to clarify “enable” and “make it easier” in practice. His understanding is precisely right in terms of what the people who drafted this are seeking to achieve. The Government see it as fundamental that we recognise the variations in what people need in order to be able to vote, so that they may access the most appropriate support for each of them. The use of both the terms—“enable” and “make it easier”—reflects the fact that the duty relates to the provision of equipment for those who find it impossible to vote under rule 37 and for those who can do so but find it difficult due to their disability, as per the definition of “relevant person”, which covers both. For those who would otherwise find it impossible to vote independently, appropriate equipment might enable them to do so, but for those who are able but find it difficult to vote due to their disabilities, we also want them to be supported by provision of equipment that would mitigate the difficulties, making it easier. As such, having “make it easier” in the clause does not result in an either/or situation or a dilution. If the amendment said only “enable”, there would be no duty to assist those who find it difficult; if the amendment said only “make it easier”, there would be no duty to assist those who simply find it impossible. The amendment is designed to ensure the widest possible assistance support, greater innovation and accessibility.
As my noble friend has said—this was something on which he was understandably insistent, and I hope it has pleased all those involved—his amendments will put on a strong statutory footing the role that the Electoral Commission will play in providing guidance about meeting this duty, which returning officers will have to have regard to. While these are things that we are confident both the commission and returning officers would have done as a matter of good practice, we welcome that these will be put on a strong and permanent statutory basis. That is why the Government have acceded to these proposals.
As I said, I recently met the RNIB and heard its concerns—which were echoed by the noble Baroness, Lady Lister—including around the risk that guidance might not be as strong as statute and might represent the end of a conversation on accessibility that may not have disabled voters at its centre. I can say only that that conversation will continue; that is why the amendments will in fact require the Electoral Commission to consult with relevant organisations, such as the RNIB and other disability charities, in the production of the guidance and to report on the steps that returning officers have taken to assist disabled voters. This will promote accountability in the policy.
I will respond to the concerns that, without a minimum standard, there will be uncertainty about how individual returning officers decide what they deem to be reasonable. First, in requiring provision for what is reasonable, the clause imposes an objective standard rather than a subjective one. Secondly, the role and purpose of the Electoral Commission guidance will be to set out a clear framework, and therefore to promote consistency. Returning officers will have to have regard to this but the guidance will, of course, be more flexible than legislation—the point made by the noble Lord, Lord Thomas of Gresford—with a much more responsive capability for adding new equipment that has been developed and identified over time, without having to bring forward primary or secondary legislation each time.
The amendments make provision for a suite of duties that I hope will reassure those with concerns. I am confident that the changes represent a good move away from the limited, prescriptive approach towards more flexibility and innovation. We will look to the Electoral Commission to do its duty in consulting with organisations representing disabled voters, such as the RNIB, in producing its guidance.
I cannot specifically answer the noble Baroness’s point on funding, which, in a sense, is related to what will come out of the ongoing discussions, but I will communicate to her what I am able to on that.
I believe that this has been good work by your Lordships’ House, working in a consensual manner for a common purpose. I hope this will lead us towards a more accessible future for our elections. Again, I thank my noble friend Lord Holmes for tabling these amendments, and the noble Lord, Lord Blunkett. The Government support them and urge the House to do so as well.
Baroness Lister of Burtersett (Lab)
Before the Minister sits down, can he say something about what the RNIB has asked for in respect of driving forward trials for innovation? I do not think he mentioned that in his speech. The RNIB is looking for an assurance from the Minister that that will stay on the table.
Lord True (Con)
My Lords, I infer from the debate that the RNIB has been spreading quite a lot of correspondence around your Lordships’ Chamber on these issues. I have not seen that specific letter myself, but we are acting in good faith here. The RNIB is a trusted and respected partner. I have told the House that there is a duty on the Electoral Commission to consult with it, and I said in my speech that we should move towards a future of more innovation. This was something that we were challenged on, quite rightly, by my noble friend Lord Holmes of Richmond in his first speech on this matter. That remains the Government’s hope and expectation. This is a conversation that is going to be carried forward, not by me at this Dispatch Box or by your Lordships but under the duties set out in the amendments, hopefully to produce a better and more accessible future for all voters. I repeat that I urge the House to accept these amendments.
Lord Holmes of Richmond (Con)
My Lords, I thank all noble Lords who participated in this evening’s debate, and particularly my noble friend the Minister for the way in which he has responded to the nine amendments set down in my name.
I believe that legislation is important. Why would we be here if it were not? These amendments put forward a transformation for inclusion, independence and secret voting for blind and partially sighted and all disabled and non-disabled people. But as with all legislation, though it is important to pass it, this is but one step on a journey. If we pass the Bill post the Easter Recess, it will be incumbent upon the Government, the Electoral Commission, the association of EROs and civil society to come together to work to make this not only compliant or of a minimum standard but a positive experience for everybody at the polling booths.
Lord Holmes of Richmond
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord Holmes’ name at page 12, line 21.
Member’s explanatory statement
This amendment is consequential on the amendment in Lord Holmes’ name at page 12, line 28.
“(c) after paragraph (7) insert—“(8) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b).(9) Before giving guidance under paragraph (8), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.(10) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (8).””Member’s explanatory statement
This amendment requires the Electoral Commission to give guidance about the duty of returning officers to provide equipment to enable or facilitate voting by people with a disability, and to consult appropriate persons before giving that guidance. It also requires returning officers to have regard to such guidance.
“(5) In section 5 of PPERA (reports on elections etc), after subsection (2A) insert—“(2AA) Subsection (2AB) applies where a report under this section relates to—(a) a parliamentary general election,(b) a parliamentary by-election, (c) an ordinary election of police and crime commissioners,(d) an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or(e) a Northern Ireland Assembly general election.(2AB) The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.””Member’s explanatory statement
This amendment requires a report under section 5 of the Political Parties, Elections and Referendums Act 2000, in relation to a parliamentary election, an election of a police and crime commissioner or a Northern Ireland Assembly general election, to describe the steps taken by returning officers to assist blind, partially sighted and other disabled persons to vote.
Lord Hayward
“Candidate nomination paper: commonly used names
(1) Schedule 1 to RPA 1983 (Parliamentary elections rules) is amended as follows.(2) In rule 6 (nomination of candidates), for paragraph (2A) substitute—“(2A) If a candidate—(a) commonly uses a surname that is different from any other surname the candidate has,(b) commonly uses a forename that is different from any other forename the candidate has, or(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”(3) In rule 14 (publication of statement of persons nominated), in paragraph (2A)—(a) for “in addition to another name” substitute “in accordance with rule 6(2A)”;(b) for “any other name” substitute “the other surname or forename”.(4) In the form of nomination paper in the Appendix of forms, for note 2A substitute—“2A_ Where a candidate commonly uses a name or names—(a) that are different from the candidate’s full names as stated on the nomination paper, or(b) in a different way from the candidate’s full names as stated on the nomination paper,the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.”Member’s explanatory statement
This amendment clarifies the circumstances in which candidates in parliamentary elections may use names by which they are commonly known. It also makes related changes to the notes that appear on the nomination paper.
Lord Hayward (Con)
My Lords, before I make any comments in relation to this group of amendments, I want to pay credit to my noble friend Lord Holmes. I chose not to speak in the previous debate but, throughout my adult life, I have suffered from losing my eyesight—not on a total basis but on a substantially partial basis—on impromptu occasions. Although it has never happened to me, I can imagine going to a polling station and suddenly being confronted by the fact that I cannot see the ballot paper properly. Many Members of this House know that I used to referee rugby matches. Now, I vouch that I never lost my eyesight in the middle of a game, despite what many of the players and spectators may have thought.
More seriously, I will move on to Amendments 31 to 33 and 38 in my name—they involve many words for what I thought would be a simple amendment. Having spoken in Committee on this matter, I intend to speak now only briefly.
In Committee, I made the point that there is an anomaly in our legislation. Had it operated at the time, it would have debarred both Jim Callaghan and Harold Wilson standing as James Callaghan and Harold Wilson because, in both cases, those were their second names and what they were commonly known as. The Welsh Senedd has already made this amendment to its legislation; my Amendment 31 is intended to bring us in line with the Senedd. It makes sense that, where people regularly use their second name as their main forename, they should be able to do so on a ballot paper so that, when people go to vote for them in a polling station, they recognise their name when confronted by it.
I thank the department officials and the Minister for their help in drafting what look like enormously substantial amendments but achieve a relatively small but sensible change to our electoral law. On that basis, I beg to move.
Lord Stunell (LD)
My Lords, I simply want to declare an interest in that, if this amendment is passed, I should be a beneficiary of it. When I first stood, as the noble Lord referred to, it was possible to use your commonly used name. On that occasion, I appeared as Andrew Stunell but, subsequently, I have had many a tussle with electoral returning officers. Fortunately, it is not an issue in this place but, I have to say, it is a common-sense amendment. I very much hope that the noble Lord has had some quiet discussions with the Minister and we are about to get a positive surprise.
Lord Khan of Burnley (Lab)
My Lords, I will briefly address the points made by the noble Lord, Lord Hayward. There is an anomaly. The Welsh Senedd has made this clear and made important changes so I am sure that we can get this simple amendment accepted, in the spirit of the previous group. The Minister—I am glad to see him back in his place; I wish him the very best of health—accepted the previous amendments, so I am sure that it will be straightforward for him to accept these ones. I look forward to his response.
Baroness Scott of Bybrook (Con)
My Lords, with respect to Amendments 31 to 33 and 38, under the current law, a person who is nominated as a candidate must give their full name. They may also provide a commonly used forename or surname, which must be different to any of the names already given, that they would like to have included on the ballot paper. My noble friend Lord Hayward has highlighted that this does not, for example, facilitate the use of a middle name where someone is commonly known by such a name.
My noble friend’s amendments would widen the scope of the current provisions concerning the use of commonly used names by candidates. They would allow a person to include on their nomination paper any name that they commonly use as a forename or surname. For example, under this amendment, a candidate would be able to choose to use their middle name if that is a commonly known name for them. A candidate may also use a commonly used forename and surname on the ballot paper.
When my noble friend raised this issue in Committee, the Minister, my noble friend Lord True, indicated that the suggestions had some merit. After further consideration, I am pleased to say that the Government consider that these are sensible changes and we are able to support my noble friend’s amendments.
Lord Hayward (Con)
My Lords, I note the welcome for that from all sides of the House. I am getting slightly embarrassed—this is the second time this afternoon that I have had support from all sides of the House on amendments I have put forward. I thank the Minister for her support and favourable response.
Lord Hayward
Member’s explanatory statement
This amendment is consequential on the amendment in Lord Hayward’s name inserting a new paragraph 6A in Schedule 6 to the Bill.
“6A_ In rule 5 (nomination of candidates), for paragraph (2A) substitute—“(2A) If a candidate—(a) commonly uses a surname that is different from any other surname the candidate has,(b) commonly uses a forename that is different from any other forename the candidate has, or(c) otherwise commonly uses one or more forenames or a surname in a different way from the way in which the candidate’s names are stated in accordance with paragraph (2)(a) (for example, where the commonly used names are in a different order from the names as so stated, include only some of those names, or include additional names),the nomination paper may state the commonly used name or names in addition to the names as stated in accordance with paragraph (2)(a).”6B_ In rule 12 (publication of statement of persons nominated), in paragraph (2A)—(a) for “in addition to another name” substitute “in accordance with rule 5(2A)”;(b) for “any other name” substitute “the other surname or forename”.” Member’s explanatory statement
This amendment makes provision for the nomination paper of a candidate at a local election in Northern Ireland corresponding to the provision made by the new clause in Lord Hayward’s name to be inserted before clause 10.
Lord Holmes of Richmond
Member’s explanatory statement
This amendment makes provision in relation to local elections in Northern Ireland corresponding to that made by the amendment in the name of Lord Holmes at page 12, line 21.
Member’s explanatory statement
This amendment makes provision in relation to local elections in Northern Ireland corresponding to that made by the amendment in the name of Lord Holmes at page 12, line 22.
Member’s explanatory statement
This amendment is consequential on the amendment in Lord Holmes’ name at page 119, line 23.
“(3C) The Electoral Commission must give guidance to returning officers in relation to the duty imposed by paragraph (3A)(b).(3D) Before giving guidance under paragraph (3C), the Commission must consult such persons, including bodies representing the interests of relevant persons, as they consider appropriate.(3E) In performing the duty imposed by paragraph (3A)(b), a returning officer must have regard to guidance given under paragraph (3C).””Member’s explanatory statement
This amendment makes provision in relation to local elections in Northern Ireland corresponding to that made by the amendment in the name of Lord Holmes at page 12, line 28.
Lord Hayward
“18A_ In form 1 in the Appendix of Forms (form of nomination paper), for note 3 substitute—“3_ Where a candidate commonly uses a name or names—(a) that are different from the candidate’s full names as stated on the nomination paper, or(b) in a different way from the candidate’s full names as stated on the nomination paper,the commonly used name or names may also appear on the nomination paper; but if they do so, the commonly used name or names (instead of any other name) will appear on the ballot paper.””Member’s explanatory statement
This amendment makes provision for the nomination paper of a candidate at a local election in Northern Ireland corresponding to the provision made by the new clause in Lord Hayward’s name to be inserted before clause 10.
Lord Collins of Highbury
Lord Collins of Highbury (Lab)
My Lords, I will introduce this amendment, tabled by my noble friend Lady Hayman of Ullock. I hope that we can avoid what we incurred in Committee, which was a detailed and long debate about the merits of proportional representation versus first past the post. I do not think that what we are dealing with here is about removing proportional representation. The supplementary vote system that has been introduced, particularly in London, is not about proportional representation. I hope that we can therefore avoid a detailed debate about the merits of the respective positions. Nor is this amendment about undermining the principle of first past the post. In introducing this amendment, our concern about the Government’s late action is that they failed to consult those affected, particularly in London, properly. The failure to consult undermines the introduction of this element into the Bill.
I know that, in Committee, there was a strong focus on spoiled votes in London. They can be properly addressed through, for example, the design of the ballot paper and the information that is provided. However, as I say, I am not concerned about the principle here so much; I accept that the Minister has made compelling arguments for why we should maintain first past the post. I do not object to them—my position is not necessarily that of other opposition parties here—but I do think that the Government have made a big mistake in undermining the supplementary vote system. In the past, my noble friends have referred to it as a way of ensuring, when we introduced the mayoral system, that somebody who is elected has a broad acceptance given the unique powers they have been given, particularly in London.
I hope that we can have a relatively short debate about this, and that we get commitments from the Government that they recognise that the introduction of this measure undermines the principle that you should first consult those who are most affected. I hope that the House will support this amendment; I should say that it is our intention to test the opinion of the House on this important principle.
Lord Shipley (LD)
My Lords, my name is attached to this amendment, together with those of the noble Baronesses, Lady Hayman and Lady Bennett, and the noble Lord, Lord Kerslake, and I fully support it. I note the comments of the noble Lord, Lord Collins, many of which I agree with, and there are some outstanding issues of principle which we debated earlier in your Lordships’ House but need to be restated.
Let us remember that Clause 12 was a late change; it did not appear until Committee in the other place. It changes the voting system without consultation, as the noble Lord, Lord Collins, said. I recall that when the referendum on the establishment of the Mayor of London was held, the voting system was part of that consultation, and it is dangerous when a Bill introduces at a late stage a change to the voting system which has been approved in a referendum of the people in that place. I urge the Minister to use great caution in doing that.
This is not just about London; it is about the elected mayors of combined authorities—of which there are an increasing number—the elected mayors of local authorities in England, and police and crime commissioners. Because it changes a system of support from the supplementary vote system, which requires more than 50% support at the ballot box, to first past the post, which does not require 50% support, there is a fundamental issue of principle. Why do the Government think it proper for an elected mayor to have such widespread powers over resources, but to be elected by possibly as low as under a third of those voting? When one considers the structure of our parliamentary democracy, with the number of MPs and the desire of political parties to win general elections with the majority of the seats—or if you think of the election of a council leader, who has to have the majority support of all councillors at the council’s annual meeting—it seems strange that, in England, mayors who do not have majority support at the ballot box are to be elected, yet they have substantial control over resources and policies in their area. In London there is at least an assembly, but in the other mayoral combined authorities there are no assemblies. The scrutiny function is not well undertaken within combined authorities in England. The Government may or may not push this through. When the noble Lord, Lord Collins, moves this to a vote, I hope the House will ask the Government to think again, because major resources should not be allocated to mayors on the basis of a minority vote in the ballot box, and almost certainly on a low turnout.
The noble Lord, Lord Collins, pointed out that the Government have made much of the fact that 4.3% of ballot papers were spoilt in the last London mayoral election in 2021. That was up from 1.9% in 2016, and the noble Lord, Lord Collins, identified the reason for the increase: the ballot paper had 20 candidates and it ran to two columns, and it was confusing. Had it been designed differently, the level of spoilt ballot papers would not have been as high as 4.3%. I hope the Government will think again.
The control of public money needs to be at the front of our minds. We could find that someone with a very low proportion of votes cast on first past the post ends up with substantial power and control over the spending of resources that exceeds his public support, and we might begin to wonder why.
Lord Kerslake (CB)
My Lords, I have added my name to this amendment and give it my full support. We did much of the heavy lifting on this issue in Committee, so I will keep my comments to four points.
First, contrary to the original assertion, this is not in the 2019 manifesto, and it cannot be regarded as a manifesto commitment. That is in contrast to the issue of voter ID, which was in the manifesto and my opinion was that it would be inappropriate to knock it out completely, even though I personally might have liked to. This is different, and I think the Lords is fully entitled to remove it from the Bill.
Secondly, I refer to the point made by others that this has had no meaningful consultation. In Committee we heard from the noble Baroness, Lady Hayman, exactly how the mayors themselves feel about this; they are pretty angry about what is going on here. I have lost count of the number of people who did not know that this was happening. This is not the way to make major constitutional change. Let us be clear about it: it affects every voter in this country. There was no consultation on this, in contrast to the painstaking consultation that went on when the supplementary vote was established for the London mayor. It is important that we do not take these cavalier decisions without proper consultation. The key point is that this should not be part of the Bill.
Others have already touched on my third point. Whatever your view is on proportional representation for elections—this is not about that issue, as I made clear in Committee—there is a good case for supplementary votes in mayoral elections and those for police and crime commissioners. I say this because it is much more likely to give the successful candidate what I would call a majority mandate. They will, on the whole and in almost every circumstance, have more than 50% of first or second votes. That is crucial for roles that carry enormous power and responsibility for large amounts of resources. It is quite different from the debate you have about local or central elections; it makes sense for mayoral elections, and we should hold to the current system, which was introduced for good reason.
My fourth point is that the issue of difficulties with the supplementary vote system are very limited, and the case has not been made. As has already been said, in so far as there are issues with the last mayoral elections, the predominant issues were about the number of candidates and the design of the form. You do not change your entire electoral system on the strength of a badly designed form. To put it bluntly, this change is not with the flow of this Bill; it was introduced late into the Bill, it has not had proper consultation and we should remove it. If the Government want to pursue this, they should bring it forward in subsequent legislation.
Baroness Bennett of Manor Castle (GP)
My Lords, I have attached my name to the amendment that Clause 12 not stand part of the Bill. I will speak briefly to it. It is a great pleasure to follow the previous three speakers, who have already covered most of the ground.
The noble Lord, Lord Kerslake, made a short assertion about this not being part of the Conservative manifesto in 2019. It is worth reading his wonderful tour de force through the Conservative manifesto from our Committee debate because it sets it out in chapter and verse. To match that, I will read out one sentence from the PACAC report:
“Regardless of the benefits or disadvantages of the changes made by the Bill to the electoral system for those offices, the manner in which the proposed legislative change was brought about is unsatisfactory. Making changes such as this after the Bill has been introduced and debated at Second Reading is disrespectful to the House.”
That was the independent conclusion about the process in the other place. It was not a manifesto commitment. Independent oversight suggests that the way in which it was done was not appropriate.
My noble friend Lady Jones of Moulsecoomb spoke for us in Committee on this point. It is also worth saying that the Government set great store by the 2011 referendum in suggesting that people somehow or other voted for first past the post. That was 11 years ago. I speak to a lot of voters who are used to voting for whom they see as the second worst candidate to stop the worst candidate getting in under first past the post. There were only two choices on the ballot paper in the 2011 referendum—neither was proportional representation. “#AVisnotPR” sums it up nicely. We really do not have any idea of the people’s view as to what our voting system should be. We should have a people’s constitutional convention. If the public were polled and asked, “Do you think our politics are broken?”, I think you would find a massive consensus. My answer to how we find a way forward is to go to the people and work out what they want. It is clear that what the Government have put before us in Clause 12 has no democratic legitimacy. Your Lordships’ House should remove it.
Lord Stunell (LD)
My Lords, the case is there. We rehearsed it extensively in Committee. At the time, we heard some very interesting arguments put forward by the Minister. I hope that he has had chance to revise his views and that we shall hear shortly that he will accept the amendment. I do not want to prolong this, so I shall leave it there.
Lord True (Con)
No. As the House knows, nothing distresses me more in life than disappointing my erstwhile colleagues on the Liberal Democrat Benches, but I am afraid that I must. This is a simple disagreement. The Government’s view is that the first past the post system is simple, clear and effective. Reference has been made to our manifesto. It said:
“We will continue to support the first past the post system of voting … both locally and nationally.”
Clause 12 supports the first past the post system for local elections—for elections of police and crime commissioners in England and Wales, and for the Mayor of London, combined authority and local authority mayors. It moves these to the simple majority voting system. In 1998, the referendum question in London was simply:
“Are you in favour of the Government’s proposals for a Greater London Authority, made up of an elected mayor and a separately elected assembly?”
There was no great ringing endorsement of proportional representation.
We had a thorough and invigorating debate in Committee on this matter. I did not agree with all of it and I suspect some of your Lordships did not agree with me. We want to move on. We have a difference of opinion. It is clear that using the first past the post voting system for these elections will displease some Members of your Lordships’ House but we are committed to supporting it. I regret to remind people that, in 2011, the public expressed a clear preference when two-thirds voted in favour of retaining first past the post. I am afraid that I will again disappoint the Green group, but that was a fact. There was support for PR in only 10 of 440 voting areas or, to put it the other way, 430 of 440 voting areas supported first past the post. As such, I do not believe there is any merit in holding—
Lord Rennard (LD)
It is so often said that PR was defeated in 2011. The simple fact is that PR was not on the ballot paper. We must not repeat that falsehood about our electoral systems. That was, of course, a vote about Members of Parliament and not about mayoral systems. In relation to the London mayoral system in particular, there was a consultation which showed that most people were against first past the post. The results of that consultation were made known before the referendum vote.
Lord True (Con)
I have not read as many volumes on proportional voting systems as the noble Lord. I simply repeat that 430 out of 440 voting areas supported first past the post in 2011.
It is clear from points brought forward in our debate that alternative voting methods can be confusing and not easily understood. In September 2021, the Government responded to the Electoral Commission’s report on the London mayoral elections. The figures are that 114,201 first ballots were rejected and, of second preferences, 265,353 were invalidated. We have heard that this was all because the form was difficult, badly designed and so on and so forth. This is not a system which it is easy for the electorate to understand. We have heard that only 4.3% of votes were rejected—that is one in 23.
First past the post reduces complexity for voters and for electoral administrators. It makes it easier for the public to express a clear preference, providing strong local accountability. It is also cheaper. For example, the complex system in London requires e-counting—a devastatingly boring count that, last time, cost £9 million.
In our contention, these voting systems are a recipe for confusion and for legislative and administrative complexity. We intend to pursue our manifesto commitment to support first past the post both locally and nationally. I acknowledge that there is disagreement on the matter. I do not believe we need to debate it further now. I respectfully urge that the amendments be withdrawn and that this clause to bring simplicity and clarity to these elections should stand part of the Bill.
Lord Collins of Highbury (Lab)
My Lords, what really struck me from the Minister’s responses was that, if the Government felt so strongly about this, why was it not in the Bill originally? If the London elections in particular caused so much of a problem, why was it not a priority? The fundamental issue is not about the principle of PR or the supplementary vote—which is not PR. It does not undermine the position of first past the post. Our concern is that this has been introduced at a late stage without any proper consultation with those most affected. This undermines the Government’s position, especially as they inserted it into the Bill at such a late stage. I beg to test the opinion of the House.
The Deputy Speaker (Lord Russell of Liverpool) (CB)
My Lords, I should point out that, if Amendment 39 is passed, I cannot call Amendment 41 by reason of pre-emption.
Elections Bill
Wednesday 6th April 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 141-I(Rev) Revised marshalled list for Report - (5 Apr 2022)
20:48 - Division on Amendment 40 - Ayes: 116 / Noes: 147 - Amendment 40 disagreed.
21:20 - Division on Amendment 42 - Ayes: 24 / Noes: 139 - Amendment 42 disagreed.
Lord Woolley of Woodford
“Automatic voter registration
(1) Registration officers must take all reasonable steps to ensure that all persons eligible to register to vote in elections in the United Kingdom are so registered.(2) The Secretary of State must by regulations require public bodies to provide information to registration officers to enable them to fulfil their duty under subsection (1).(3) Regulations under subsection (2) must apply to the following public bodies—(a) HM Revenue and Customs;(b) the Department for Work and Pensions;(c) the Driver and Vehicle Licensing Agency;(d) the National Health Service, NHS Wales and NHS Scotland;(e) schools and further and higher education institutions; (f) local authorities;(g) HM Passport Office;(h) police forces;(i) the TV Licensing Authority;(j) Job Centre Plus;(k) the Department for Levelling Up, Housing and Local Communities;(l) the Department for Transport;(m) the Department for Health and Social Care;(n) the Home Office; and(o) the Ministry of Justice.(4) Regulations under subsection (2) may also apply to other public bodies.(5) Registration officers must—(a) use the information provided by the public bodies listed in regulations under subsection (2) to register otherwise unregistered persons on the appropriate electoral register or registers, or(b) if the information provided does not contain all information necessary to register a person who may be eligible, contact that person for the purpose of obtaining the required information to establish whether they are eligible to register and, if so, register them on the appropriate electoral register or registers.(6) If a registration officer has registered a person under subsection (5), the officer must notify that person within 30 days and give that person an opportunity to correct any incorrect information.(7) Where a person is registered under subsection (5), that person must be omitted from the edited register unless that person notifies the registration officer to the contrary.(8) Nothing in this section affects entitlement to register to vote anonymously.(9) The Secretary of State may issue guidance to registration officers on fulfilling their duties under this section.”Member’s explanatory statement
This new Clause would require registration officers to enter eligible voters on the register, and provide for them to receive the necessary information from a number of public bodies.
Lord Woolley of Woodford (CB)
My Lords, having hurried in here, I am now out of breath. We seem to have caused a bit of a stir with the first round of amendments, but what I liked was that our fiery debate was very respectful. We all have our own opinions, which are very strong from time to time, but I really liked how respectful it was. During the last round of debates, I spent a lot of my time trying to save people from either falling off the register or not voting, if that makes sense. With the amendment I now put to the House, I want to do the opposite.
I want to do something that is so incredible that we will be remembered in history for what we do tonight, if noble Lords agree to my amendment. Rather than lose 2 million voters, which we fought about on the previous amendment, tonight we can send a signal to ensure that 9 million people who are not on the voting register are put on and have a voice. It will be unprecedented and we will make history. We can do it. I hope that noble Lords will seize this opportunity and go and tell friends and family. I have been told to finish, so I beg to move.
Lord Rennard (LD)
My Lords, a couple of minutes after I thought I might have to rise to move the amendment in the name of the noble Lord, Lord Woolley, and others, I rise to support it. With between 6 million and 9 million people missing from electoral registers or incorrectly registered, something is clearly wrong.
Surveys by the Electoral Commission show that 60% of people think, incorrectly, that the registration process happens automatically and that they do not need to do anything. Registering is not just about the right to vote; it is about making yourself available for jury service and being able to obtain credit. The Government maintain that there should be an opt-in principle to the right to vote, but there is no opt-in principle for healthcare, education or support from the emergency services, nor do the Government expect you to opt in to paying tax, so you should not have to opt in to the right to vote.
Automatic voter registration would cut the cost of existing registration processes and reduce red tape and bureaucracy, all things which the Government would normally say that they want to support. Introducing it would free up resources to focus on those who are still unregistered, which is also something the Government say that they want to do, but are they worried that the wrong people may then be able to vote? That is not a very democratic principle, but it is one trumpeted by Republicans in the United States.
Baroness Bennett of Manor Castle (GP)
My Lords, I had the pleasure of introducing this amendment in Committee and I am pleased that the noble Lord, Lord Woolley, who has been the proponent of this throughout, was able to be here on Report and provide such a powerful introduction. I raised one practical point previously: how hard it is for people to check if they are on the roll. The Minister said she was going to write to me about that, and I look forward to her letter.
The noble Baroness, Lady Whitaker, is not in her place now, but in Committee she stressed the way in which automatic voter registration would be helpful to poor and marginalised communities, particularly Gypsy, Roma and Traveller communities. We should keep that in mind, and also the words in Committee of the noble Lord, Lord Scriven, who noted that the impact assessment is to ensure that those who are entitled to vote should always be able to use that right—that is the Government’s stated aim for the Bill.
After those brief words, I will repeat three words said by the noble Lord, Lord Woolley, in his introduction: “seize this opportunity”. I think he was speaking then to voters, but that it is a great message to leave with your Lordships’ House: seize this opportunity for democracy.
Viscount Stansgate (Lab)
My Lords, I rise to say three things. First, I am pleased to see the Minister back in his place and I hope he has recovered. Secondly, I am pleased that the noble Lord, Lord Woolley, has made another journey from Cambridge to be with us tonight. Thirdly, I agree with him that we should make history and I urge the House to vote for this amendment.
Lord Eatwell (Lab)
My Lords, I was struck by the argument from the noble Lord, Lord Rennard, that one does not have to opt in for taxation. I think he is arguing for “no taxation without representation”, a slogan which if recognised in the past might have eased some pain which a British Government suffered.
At the end of the debate in Committee, I put it to the Minister that someone should turn up at a voting booth with a British passport and a driving licence and would then be denied the right to vote. She replied, “Of course, that person’s not on the register.” That seemed to illustrate the total folly of the current restrictive register, and the wisdom of the amendment tabled by the noble Lord, Lord Woolley, which I urge everyone in the House to support and so maximise the number of people who are engaged in the civic process of voting in this country.
Lord Stunell (LD)
I want to support what the noble Lord, Lord Woolley, has said, and perhaps try to pre-empt the Minister in her reply. In Committee, two reasons were given. One was a mitigation that HMRC in fact informs those who receive new national insurance numbers of their right to vote, which started in September last year. That is excellent and if HMRC can inform them, I am sure they could send the form to go with it. The noble Baroness also said:
“Automatic registration would threaten the accuracy of the register and … enable voting and political donations by those who are ineligible”.—[Official Report, 23/3/22; col. 1058.]
There is a measure of disconnect between the Government’s approach to this issue and their approach to overseas voters. Will the Minister consider whether it would not be sensible to go one more step with HMRC and to link their policies for overseas voters with the domestic voting system?
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Woolley, for tabling this amendment, to which I have added my name, and for his introduction. I also thank noble Lords for their brief comments.
I want to refer back to Committee. The Minister, the noble Baroness, Lady Scott of Bybrook, said that the amendments proposed on automatic voter registration
“contradict the principle that underpins individual electoral registration: that individuals should have ownership of, and responsibility for, their own registration … Automatic registration would threaten the accuracy of the register and, in doing so, enable voting and political donations by those who are ineligible.”—[Official Report, 23/3/22; col. 1058.]
However, does she agree with me that there are underlying problems with the status quo, such as millions of eligible citizens being incorrectly registered or missing from the registers entirely, major strains on the system during a last-minute registration rush ahead of election days, and resource problems for electoral officials? A founding principle of democracy is political equality. We therefore need to ensure a level playing field on election day. AVR could boost voter registration rates among under-registered groups to create this more level playing field.
It is already current law that every citizen is registered. People often get letters saying that they will be fined £60 if they do not register. Voter registration is not an opt-in process. AVR is a solution that would help administratively to best realise what appears to be the current goal of full, compulsory registration. AVR is also the norm, not the exception, in countries around the world. Many countries that have historically not had AVR because of the absence of a population register are now increasingly introducing either direct enrolment for specific groups or assisted voter enrolment through other public agencies. Where they have been designed well, these innovations have proven to be able to deliver cost savings and boost voter registration for specific groups.
As the noble Lord, Lord Woolley, said, we can give millions of people not on the electoral register a voice. If he chooses to divide the House on this amendment, we will support him.
Baroness Scott of Bybrook (Con)
My Lords, I thank the noble Lord, Lord Woolley of Woodford. He, my noble friend Lord True and I have debated this issue a number of times in this House. The intention behind this amendment—to increase the number of people registered to vote—is one that the Government wholeheartedly support. However, the practical difficulties brought about by automatic voter registration are such that the Government cannot support the amendment.
Given the number and range of public bodies listed, as well as the vast amounts of data they hold, the amendment would overwhelm electoral registration officers with data. Data protection legislation rightly prevents the unnecessary sharing of personal data. This amendment would see unparalleled volumes of personal data shared—even that of the majority of people who are already correctly registered. Likewise, it would see people registered without their knowledge or consent.
There would also likely be a large number of security and privacy concerns, such as when it comes to handling the data of minors, those who are escaping domestic violence, those who wish to remain anonymous electors or those who do not want to be on the register—and there are a number of people who do not. I do not know whether it has happened when you have knocked on doors, but people have certainly said to me, “We are not on the register and do not want to be”.
The amendment also takes no account of the coverage, currency or accuracy of the data held by the various public bodies. As they would be listed in primary legislation, these public bodies would be required to share their data, even if it is of no use for electoral registration. Using inaccurate or out-of-date information to register people to vote automatically would seriously undermine the accuracy of the electoral register. That is the crux of the issue: accuracy is just as important as completeness. Having more individuals on a register is not inherently a good thing if those individuals are registered at incorrect or multiple addresses.
When it comes to implementation, a whole host of other issues arise. How would an ERO deal with contradictory evidence from different data sources? If an individual was removed from the register because the ERO determined they were no longer eligible, how would this be picked up by an automated system so that they were not automatically added again? What these questions point to is the fact that there is no true system of automatic voter registration; any trusted system of registration requires the active input of both electors and EROs to determine eligibility. The Government also contend that such active input is important to aid electors’ understanding of the process and their awareness of upcoming electoral events.
Lastly, the Government cannot accept the amendment in the name of the noble Lord, Lord Woolley, because it is deficient. It leaves untouched all the existing legislation for electoral registration. It would require significant further work, and possibly a whole new Bill, to unpick which elements of current law would need to be amended or repealed to accommodate this amendment. For these reasons, and more I have no time to go into—
Lord Grocott (Lab)
I am grateful that the noble Baroness has explained a whole series of practical reasons that she says will make it difficult. I would like to know what the government position in principle on this is. If the practical differences can be overcome, in principle are the Government in favour of all those who have the right to be on the register actually being registered?
Baroness Scott of Bybrook (Con)
Of course we want maximum registration, but not through a flawed system. There are many other ways the Government will continue to work on getting more people on to the electoral register, if they want to be on it.
I urge the noble Lord, Lord Woolley, to withdraw his amendment. Tackling under-registration is an important and complex issue, but this is not the way to address it.
Lord Woolley of Woodford (CB)
I thank the Minister very much for that answer. The irony of this discussion is that we have spent hours and hours on the Bill, and we are proposing an expenditure of about £200 million on the basis of one fraud: one out of 47 million. What I am suggesting is that we find a way, first in principle, to get 9 million people to have a voice. I know it is difficult; it will not be a walk in the park, but what price is democracy? What price is telling every individual out there eligible to vote that we will use all our powers, all our political will and all our decency to make sure that they can have a voice in these Chambers? The answer should not be, “It’s too difficult”. The question should be “How do we do it?” I am afraid that I want to put the will of this House to a vote.
“Members of the House of Lords: voting at elections to the House of Commons
(1) Notwithstanding any other provision of law, a member of the House of Lords is not disqualified by virtue of that position from voting at elections to the House of Commons.(2) This section comes into force 24 months after the day on which this Act is passed.(3) This section extends to England, Wales, Scotland and Northern Ireland.”
Lord Dubs (Lab)
My Lords, I will not claim that this is the most important amendment we have discussed. We debated it quite thoroughly in Committee, so I do not want to take up the time of the House more than very briefly indeed. As I recall, when we discussed this in Committee, there were two arguments against the amendment. One argument was that we can exercise an influence on politics and therefore we should not have the right to vote in elections, and the second argument was that because Members of the House of Lords are not here for a finite period of time, it is not right if we vote, and that allows the Bishops to be the exception. I remind your Lordships that of some 140-plus countries that are members of the IPU, we are the only one that does not allow Members of the second Chamber to vote in general elections.
Of course we have an influence when we are here, but it seems to me that the argument for voting is to give us a chance to influence the Government. Quite a few of us spend our time canvassing in elections. We work pretty hard; in the last election, I canvassed, working in seven or eight constituencies all the way from Yorkshire to south London. Then I find, on the day of the election, I cannot vote. It is frustrating, but it also seems to me to be wrong in principle. The right to vote is fundamental in a democracy. Arguments against our being able to vote are, frankly, based much more on long-standing traditions than on substantive arguments and logic.
The last thing I would say is this. During the passage of this Bill, I have asked everybody I know outside whether they know we are not allowed to vote. There is not a person I have met outside this House who is aware we are not allowed to vote. It really is a bit odd. I am grateful to the noble Lord, Lord Naseby, for having signed the amendment as well. I urge the Government to accept it. The world will not come to an end and Boris Johnson will not resign—just do it. I beg to move.
Lord Naseby (Con)
My Lords, I support my noble friend on the Opposition Benches. I did indeed have my own Bill: the Extension of Franchise (House of Lords) Bill. It had its First Reading on 5 July 2017, its Second Reading on 19 July 2019 and then it ran out of time. I am not going to repeat the speech I made then, but I have done a bit of research, otherwise it is all assertion.
I was born 85 years ago and, in that year, in this very Chamber, Lord Ponsonby of Shulbrede moved an amendment that is almost identical to the one we are debating today. He referred to the fact that in days gone by
“Peers were regarded as powerful potentates and had a number of special privileges accord to them.”
He said that if noble Lords were to do any research, they would find out that, in 1642, The Privileges of the Baronage of England declared no end of privileges. Indeed, you could have your own chaplain and, if you were married, there were special provisions for your wives and children. Since those days, there have been a few changes. Lord Ponsonby went on to point out:
“Practically all the privileges I can think of have been dropped. It now remains for the restrictions and disabilities to be dropped too. We must recognise that we live in a democratic age”—
this was in 1936—
“and just as we desire no advantages for ourselves personally or for our positions we, at the same time, do not wish that there should be any restrictions or disabilities placed upon us. I want to make it perfectly clear, my Lords, that I do not want to raise the question of the reform of the House of Lords.”—[Official Report, 12/2/1936; col. 537.]
Nor does my noble friend opposite and nor do I. It is pretty clear that almost as long ago as a century, those disabilities and interests that were once there no longer applied.
It is also true that the vast majority of us work hard for those in our constituencies when there is a general election. We live in a constituency, we look after the local people in those constituencies, and all of us are involved in all sorts of clubs and followings in our constituencies, so nobody can say that we do not take part in elections. We take part in local elections and any other elections, but for some extraordinary reason, because of this ball and chain that is left over from the 17th century, we cannot take part in general elections. Here we are now, with us in this House, prisoners and lunatics all in one bag. I do not think that is acceptable.
I conclude with these thoughts. First, we do not vote on the Budget. We do not have the power to vote on taxation. To me, that is crucial. Secondly, there have been precedents. In 1909, Irish Peers were given the right to vote. Today, the Lords spiritual have the right to vote in general elections. They sit on their Bench in your Lordships’ House and they vote. What is the difference?
People say that one Lord voting will make no difference, but have a look at the register, as I have done. I remind your Lordships that in 1997 Winchester was won by the Liberal Democrats, and by how many votes?
Lord Naseby (Con)
Two votes. The noble Lord is quite right. I do not know whether any noble Lords from the Welsh Benches are here, but in 1974 Carmarthen was won by Labour by three votes. My dear friend Harmar Nicholls—a man who had more tight elections than anybody else—again won by three votes. If you are lucky enough to have three Lords in a constituency, that could make a huge difference. The Liberal Democrats probably would not have won Winchester if two Lords had lived there.
I repeat that this has nothing at all to do with reform of the House of Lords. It is just about individual liberty and responsibility. We all support our local communities, as I mentioned. In return, I wish to go with my wife to vote at the polling station. I do not want to stand outside while she goes in; I want to vote alongside her. I believe it is my democratic right, which I was given to implement and which I exercised from the age of 18 until 1997. It is vital, and I hope very much that other noble Lords will take us over this final fence. After all, if the Irish Peers were made an exception, why do we not join the Irish community as well?
Lord Hacking (Lab)
My Lords, I have been disfranchised twice. I was disfranchised in 1972, when I first entered the House and was disfranchised with lunatics and criminals. The second time I was disfranchised was in December last year, when I had the opportunity to come back to the House following a hereditary Peers’ by-election. Now I am no longer in the company of criminals and those in prison—I am not quite sure about lunatics—because, as I recall, when the noble and learned Lord, Lord Clarke, was Lord Chancellor, a provision from the European Court of Human Rights restored, or at least gave, the right to vote to those in prison. I think I have therefore lost the criminality side of my company, but I am not sure whether I have also lost the lunatics.
This is, as my noble friend Lord Dubs said, not the most important amendment being considered in the House, but it is an anomaly that is unjustified. In Committee, the noble Earl, Lord Howe, argued for the Government that we should not have two bites of the cherry—this is my language, rather than his—because we are directly involved in legislation; if we had the vote, we would have a different way of expressing our views. Then the noble Lord, Lord Cormack, argued that, since the House of Commons rises after a Dissolution—not after a Prorogation—the Lords are treated differently from Members of the House of Commons. The truth is that we are treated in very much the same way following a Dissolution, because once Parliament has been dissolved, we are not entitled to come back to the House until we have received a Writ of Summons and get sworn in. We are therefore not in a different position from the House of Commons. This is an anomaly and should be changed, but it is not one of the most important amendments being considered by the Minister, who is sitting back on his Bench with his arms folded, looking at me with a patient look.
Viscount Stansgate (Lab)
My Lords, I find myself in a difficult position over my noble friend’s amendment. At an earlier stage in Committee, I said in the course of some remarks that I thought it was a good principle to follow that, if you have the right to vote, you should also have the right to be a candidate. In relation to my noble friend’s amendment, by definition, were this amendment to be passed and we were given the right to vote, we would still not, of course, have the right to be a candidate, by virtue of the fact that we have two Houses in Parliament and, at the moment, one is elected and one is not.
The right to vote is a very important thing and I, like other noble Lords, perhaps, noticed, psychologically, the very big difference in coming here and, at the same time, knowing that if a general election were called tomorrow, I would not be able to go and cast my vote in a polling station, which I have done all my life. Nevertheless, it may be that in the future, the solution is that this House may—who knows?—become an elected Chamber, in which case I would be very happy to have the right to vote, and I would be happy to be a candidate for this House. Time will tell whether either arises.
Lord Rennard (LD)
My Lords, the noble Viscount, Lord Stansgate, of course has a very interesting family history on this subject. I might perhaps suggest that his view is not quite correct. I think that if he was granted the right to vote, he would still have the right to resign from this House and stand as a candidate. Indeed, my noble friend Lord Thurso was once a Member of this House, then left this House, stood for election to Parliament and was elected as an MP. Then he lost his seat as an MP and came back to this House after a by-election of hereditary Peers. So the issue is not quite so simple.
We are talking about 800 people being added to an electoral register of 47 million, so I say to the Government that they should not have too much to fear from those 800 people being added, especially as quite a few of the 800 might vote for their party. I also say to the noble Lord, Lord Dubs, that there are only a number of issues which we can really send back to the elected MPs. I personally think that issues such as the 6 million to 9 million people not on the register or incorrectly registered are much more important than 800 Peers and we may subject ourselves to some ridicule in the other place if we are seen to be prioritising our votes as Peers in a general election. If it happens and the Government accede, I will not be unhappy—I would quite like to have a say in electing somebody who will have a vote on budgetary matters and who might become the Prime Minister—but it is not an issue that I would personally want to press to a vote on this occasion, because I think there are more important priorities, particularly for this House at this stage of the Bill.
Lord Khan of Burnley (Lab)
My Lords, I shall speak very briefly to Amendment 42. First, I have huge admiration for my noble friend Lord Dubs and the noble Lord, Lord Naseby, and I recognise the history of campaigning on these issues. A lot of interesting points have been made this evening, but given the hour, I just want to say that I am grateful to my noble friend Lord Stansgate for providing his context and family experience. I agree with what the noble Lord, Lord Rennard, says. This is a very interesting debate and I look forward to the Minister’s response.
Baroness Scott of Bybrook (Con)
My Lords, the Government’s position on this matter remains one of principle: namely, that it is not right for any one citizen to have the privilege of being represented twice. Enfranchising noble Lords to vote in UK parliamentary elections would give us two ways of being represented in Parliament: through our permanent membership here and ability to vote on legislation as we are today, and through our elected MP.
As we discussed in Committee, this is not the case for those currently sitting in the House of Commons. Once an election is called and Parliament is dissolved, an MP ceases to be an elected official and must seek re-election before returning to their place in the House of Commons. It is therefore right that they are able to vote in parliamentary elections, as not allowing them to do so would mean denying them a say in the democratic process.
We, however, do not cease to be Peers at the time of an election, and to allow us to vote would give us twice the representation of other citizens. In our roles in this Chamber, we are privileged to have an active role in the scrutiny of legislation and active participation in the democratic process of this country. To extend this participation further would undermine the principle that all citizens are equally represented in politics. I urge that this amendment be withdrawn.
Lord Dubs (Lab)
My Lords, to take just the last phrase or two of the Minister’s comments, all citizens should be treated equally. All I am asking is that we are treated equally and have the right to vote. In nearly every democracy except this one, Members of the second Chamber have the right to vote. The world will not come to an end. It is a very simple democratic proposition. I beg to move.
“Commonwealth citizens: reciprocal franchise
Within 12 months of the passing of this Act, the Secretary of State must consult governments of Commonwealth countries and report to Parliament on a proposal to restrict the right of Commonwealth citizens to vote in UK general elections to citizens of Commonwealth countries that grant to British citizens a reciprocal right to vote in their own general elections.”Member’s explanatory statement
This amendment will ensure that Commonwealth countries are consulted about a proposal to restrict the right of Commonwealth citizens to vote in UK general elections to citizens of those Commonwealth countries that grant to British citizens the right to vote in their own general elections.
Lord Hodgson of Astley Abbotts (Con)
My Lords, the noble Lord, Lord Green, has Covid. He emailed me this afternoon and asked if I could do this. I think he is fairly groggy, and I am sure noble Lords would wish to join me in wishing him a speedy recovery. I recognise, as the Deputy Speaker has just told us, that this is the last group. The horse is heading for the stable—or, more likely, the people are heading for the plane—so I will not detain the House too long. I will leave the other amendments for the noble Lord, Lord Stunell, and the noble Baroness, Lady Ritchie of Downpatrick, to speak to. I will just deal with Amendment 43.
I will deal first with a couple of points the noble Lord, Lord Green, left for me. The amendment he tabled, which I put my name to in Committee, has been slimmed down, because he had a meeting, I understand, with the Minister, which I did not attend, in which it was made perfectly clear that we cannot make these sorts of changes on the fly. It will require a period of consultation with Commonwealth Governments to see what the situation is and to make sure that we do not take their friendship and their links to this country for granted.
So the proposal in the revised amendment is that there should be a period of consultation and then a report to Parliament about the results of that consultation, with a view to implementing a process that was first recommended by a Labour former Attorney-General, now the noble and learned Lord, Lord Goldsmith, in 2008. As the noble Lord, Lord Green, points out, it would encourage more Commonwealth citizens to become British citizens and generally, therefore, strengthen the status of citizenship in the UK. Of course, it would do so without creating an unlevel playing field, because it is proposed in the amendment that, where other countries offer reciprocal rights, their citizens will continue to be able to vote in our elections—a two-way street.
Those are essentially the points which the noble Lord, Lord Green, would have wished to make. I will now add a few words of my own. I support this proposal for two reasons. First, I absolutely accept that the right to vote is a right—a right which we want everyone to exercise, for the reasons we were discussing earlier—but it is also a privilege. The right to vote is not the same as the right to get a driving licence, a point I made earlier, because it is far more important. It gives each one of us a say on how our country is governed, the sort of society we want to be and the values we wish to follow and adopt. Therefore, it is a very precious right, and precious rights should not be spread around too easily.
I take issue with any proposal which extends the franchise to anyone who does not have close, persistent and recent links to the United Kingdom. That is why I could not support the noble Lord, Lord Wallace of Saltaire, in his proposal to extend the franchise to EU citizens. It is also why I do not believe my party was right to extend the franchise to British citizens who have gone to live overseas, allowing them to vote in UK general elections without a time limit. That is a bad thing with which I do not agree. Nevertheless, I recognise the issue of reciprocity and, as I say, the amendment of the noble Lord, Lord Green, reflects that.
Secondly, I support this amendment because it recognises the changing nature of this country’s relationships with other Commonwealth countries. As sovereign nations, many quite rightly and understandably wish to develop a constitutional position entirely independent of the United Kingdom, while maintaining close links of friendship, through family and friends, and the other things which tie us all together. We saw the manifestation of this in recent developments in the Bahamas and on the recent royal tour of the West Indies, so the time has come for a reset. This reset can be achieved—in the terms of the noble Lord’s amendment—by having a period of consultation to ensure that the friendships of the Commonwealth are not endangered or damaged, while understanding that it is likely to lead to a proposal to confine the right to vote in UK elections to those Commonwealth countries where “reciprocal” rights are available to UK citizens. In that way, we all respect the dignity and independence of each other as sovereign nations. I beg to move.
Lord Stunell (LD)
My Lords, Amendment 44 is in my name and that of the noble Baroness, Lady Bennett of Manor Castle. The question of the franchise and of entitlement has surfaced in the course of these debates. It is clearly an important matter which could do with elaboration. However, rather than launching out on that at this time, I just make one point to the noble Lord, Lord Hodgson. The right to vote is certainly entirely different from the right to have a driving licence; for one thing, you do not have a right to a driving licence, as you must sit and pass a test. If you, as a foreign national, want to be a British citizen you must sit and pass another test. However, most of the 47 million on the current electoral roll have not had to sit and pass any test. It is their entitlement to be on the register, as it is the entitlement of other UK citizens not on the register.
Amendment 44 is looking at those who in fact have a right of permanent residence in this country, but do not have the right to vote because they are not British citizens. Therefore, this is about enfranchisement of those who are not British citizens. They are people with
“the right of abode … settled status under the EU Settlement Scheme … indefinite leave to enter … or … indefinite leave to remain in the United Kingdom”.
These people will be in receipt of local government services during the whole of their time in the United Kingdom. If they are property owners, these are people who will contribute to council tax their whole time in the United Kingdom and to taxation of all sorts, some of which—not enough—filters its way back to local government as well.
It is entirely appropriate for them to have the opportunity to play an active part in the distribution and provision of services and in the application of local government taxation. On this simple basis, those with a lifelong residence in this country, who are both receiving and contributing to the payment of local government services, should have the opportunity to participate. They should be able to contribute significantly to the way in which these resources are used and applied.
This is a straightforward, self-contained amendment which I hope is, to a large extent, self-explanatory. Unfortunately, in the light of the debate so far, I cannot believe that the Minister will be terribly sympathetic to it. It is part of a much wider discussion that we in this country need to have about the nature of citizenship and participation. We need to discuss the way in which we see the evolution of our democracy as we become, over future years, an ever more diverse nation with an ever more diverse population.
Baroness Ritchie of Downpatrick (Lab)
My Lords, Amendment 44A, in my name and the name of my noble friend Lord Murphy, deals specifically with the Northern Ireland situation. The noble Baroness, Lady Suttie, raised this in Committee, eight or nine days ago.
The basic purpose of this amendment is to seek to delete paragraphs 7 to 9 of Schedule 8. This would ensure that all EU citizens lawfully resident in Northern Ireland can continue to stand as candidates and vote in district council elections there. Obviously, this does not apply to British and Irish citizens; however, it does apply to other EU citizens who have arrived to reside in Northern Ireland since January 2021 and whose country does not have a reciprocal agreement with the UK.
This is reminiscent of the “I” voter situation in Northern Ireland which was removed by the Elected Authorities (Northern Ireland) Act 1989 when universal franchise was granted in Northern Ireland. This particular set of amendments deals with this important democratic issue of the extension of the franchise to all and ensures that this important principle is adhered to.
I would gently say to the Minister that elections and the right to exercise one’s franchise in Northern Ireland are emotive issues. The Government should not go down the road of creating problems with other EU nationals. In many ways, this would recreate a border again on the island of Ireland. It is highly emotive and politically charged, as it deals with EU citizens and excludes them from the right that they had to vote and to stand in council elections.
As a Minister in the Northern Ireland Office in 1998, my noble friend Lord Murphy was one of the principal negotiators in ensuring that both the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission were set up under the Good Friday agreement. Under the Northern Ireland protocol as negotiated by the UK Government with the EU, both commissions were given responsibility for—shall we say—managing Article 2 of the protocol, which deals with the rights of individuals. Article 2 states that there must be no diminution of rights, safeguards and equality of opportunity provisions, as set out in the Good Friday agreement, resulting from the UK’s withdrawal from the EU.
If passed into law, this provision in the Bill will create two new types of EU citizenship for the purposes of UK election law—a qualifying EU citizen and an EU citizen with retained rights—in addition to a category of EU citizens who do not fall into either of these categories.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick, and to agree with the case she has so clearly outlined for Amendment 44A. However, I will speak briefly to Amendment 44 in the name of the noble Lord, Lord Stunell, to which I have attached my name. He has already presented this very clearly; I just want to stress that it is talking about local government elections. It is talking about decisions about how your bins are collected and by whom; what happens with the local social care that you or your relatives might need to use; a local library that you and your children might rely on; or, where you are still lucky enough to have local democratic control, a local school. Surely if you have made yourself part of that community and you are relying on those services and contributing to that community, you should have a say over it. That is the case here.
There is also a practical case at this time. There will be a huge level of difficulty and confusion for voters, canvassers and people campaigning for local officials with the cut-off date of the end of the transition period, settled status and different situations for different EU member countries. It will all get very complicated and messy.
I have one final observation for tonight, while expressing my opposition to Amendment 43 moved by the noble Lord, Lord Hodgson of Astley Abbotts, on behalf of the noble Lord, Lord Green of Deddington. If you look at the debates as we have progressed through Report today, it is really striking that there is a clear division in this House that runs around the Government Benches, with everyone else, including the Cross-Benchers, on the other side. Every measure defended or promoted from the Government Benches, whether by Front-Benchers or Back-Benchers, seeks to see or will have the impact of fewer people voting. All the amendments moved from this side try to get more people involved and voting. That is a really interesting division to see in your Lordships’ House.
Lord Murphy of Torfaen (Lab)
My Lords, I rise extremely briefly to support my noble friend Lady Ritchie’s amendment, to which I have added my name.
Constitutional issues are never easy in Northern Ireland—nothing is ever simple—and this lies in that category too. We live, as it happens, in very troubled times in Northern Ireland. We are but weeks away from a complicated and difficult election for the Northern Ireland Assembly. Issues which might to us seem relatively unimportant are magnified a dozen times when we cross the Irish Sea.
I add my plea to the Minister: can he persuade his colleagues in the Northern Ireland Office, or himself—whoever decides to go—to meet the Human Rights Commission and the Equality Commission? They have jointly put forward a submission. Both those bodies were set up 25 years ago at the time of the Good Friday agreement—for obvious reasons, because they were major planks in that agreement. Therefore, if they say that this is going to cause a problem, there is a very strong case for the Government to meet them.
In Scotland and in Wales, local government elections are devolved, so they take their own decisions on this. I am not quite sure why this has not been devolved in Northern Ireland, but it is not, and it lies in the purview of the United Kingdom Government. As it happens, of course—given that this relates to European Union citizens—the people of Northern Ireland voted to remain in the European Union. But that is not the main issue.
The main issue is that there is a problem with regard to the Good Friday agreement and Article 2.1 of the protocol—all difficult issues. But I think that a meeting would be absolutely final, in the sense that it would mean being able to talk to the two commissions about the issues which my noble friend has raised—at least, I hope it would be final. We will know in a second what the Minister will say, and whether he will go ahead with this proposal or could delay it a little until he has met with the two commissions. But I repeat: this is a difficult issue in difficult times. We look forward to what he has to say.
Lord Shipley (LD)
My Lords, I shall make a brief comment in support of Amendment 44. In Committee I proposed an amendment to give those liable to pay council tax the right to vote in local elections. The Government said no, but I still believe that to be right in principle. I see it in part as an issue of consumer right—in other words, the principle is, “No taxation without representation”.
We are now in a position, it seems, where the Government have decided to extend the franchise to long-term emigrants from the UK, so that they can vote in parliamentary elections, but they have so far denied the right to vote to those nationals of other countries who live and pay tax here. I think that is a very serious anomaly. In Committee, the noble Lord, Lord Wallace of Saltaire, referred to
“the tangle of voting rights left by imperial history”,—[Official Report, 28/3/22; col. 1284.]
which gives the franchise to some but not others. I find it regrettable that the opportunity has not been taken by the Bill to correct the many anomalies that still exist. I hope the Minister and the Government will be prepared to reflect on that.
Lord Collins of Highbury (Lab)
My Lords, I made quite a lengthy contribution in Committee and I have no intention of repeating it—although I think there are some points that are worth emphasising.
This is not a matter of principle. In fact, the Government and Opposition are agreed that people under the settled status scheme should retain the vote they had under the EU membership we had previously. It is just that new entry to the country will stop on 1 January 2022. That is the real issue. What we have been arguing about is the fact that those who put down their roots in this country and have lived here for 25 years—or even 15 years, to use the comparison with others who are going to get the vote—have made their home here, pay their tax here, and in the main pay their council tax here are not going to have the vote if they come here and achieve settled status.
Of course, one of the things about settled status, ILR and ILE is that they all require five years of continuous residence in the UK. Is that not a good basis for offering the vote? Is that not the connection that the noble Lord, Lord Hodgson, mentioned? I am hesitant to quote him, because he says that I sometimes get it wrong, but I heard him say “close connection”. We should surely afford someone who has lived here continuously, made their home here and paid their tax here the right to vote and be part of the local community they live in.
I can hear the Minister say, “They can become British citizens” but, as I said in Committee, there are people who make their home here who may not wish, for many reasons, to take out British citizenship. For some, like my husband, it is because they do not want to give up their Spanish citizenship, for example, where other countries do not afford the right to dual nationality. This country does, but there are many others that do not. These people do not want to break that relationship, particularly if they have family or parents there.
This is not a matter of principle that divides us. It is something that I fear this Government have done on many occasions, which is to say, “We’re not going to give the vote to people who make their home here unless the Governments from the countries they came from give our nationals the vote”. It becomes a bargaining issue. Again, I do not think that is right. It should be a matter of principle, which we have already conceded; under the agreements that we have, EU nationals with settled status will continue to have the vote. If the Government can agree to that, why can they not agree to this amendment?
Lord True (Con)
My Lords, I regret that we will not be able to agree to these amendments, but I preface my remarks by sending my very best wishes to the noble Lord, Lord Green. He ploughs sometimes a lonely furrow in this Chamber, but he is somebody of the most outstanding integrity and is greatly respected in your Lordships’ House. I very much hope that my good wishes are passed on to him. The engagement meeting I had with him when I had Covid was over Zoom, so I do not claim responsibility—but I offer the profoundest sympathy to him.
Amendment 43 in the name of the noble Lord, Lord Green, would require the Government to consult each Commonwealth country and produce a report on how we might confine the voting rights of Commonwealth citizens to citizens of those countries that grant British citizens the right to vote. Each country has the right to determine its own franchise, and the United Kingdom has done this. Qualifying Commonwealth citizens—that is, those persons who have leave to remain in this country or who have status such that they do not require such leave—are entitled to the parliamentary franchise. The rights of Commonwealth citizens are long-standing, and they reflect our unique historic ties to the family of Commonwealth nations and with Her Majesty the Queen.
Historically, while the Commonwealth countries were part of the British Empire, their nationals were subjects of the British Crown, and they were governed directly by the British Parliament. In 1918, the Representation of the People Act provided that only British subjects could register as electors. The term “British subject” then included any person who owed allegiance to the Crown, regardless of the Crown territory in which he or she was born. This recognised in part the contribution of servicemen of so many nations who fought in the Great War.
Baroness Ritchie of Downpatrick (Lab)
Before the Minister sits down, will he take on board the request I made that an appropriate Minister—I see a Minister in the margins of the Chamber from the Northern Ireland Office—from either the Cabinet Office or the Northern Ireland Office meet both commissions to deal with their specific issues? The written correspondence has not resolved the issues for them. A meeting either via Zoom or face-to-face would assist in this particular process because of the delicate issues to do with Article 2.1 of the Northern Ireland protocol, which puts them and this particular issue into a different category.
Lord True (Con)
My Lords, I said that officials had and will continue to have engagement. I also said that I would make sure the noble Baroness’s comments and the comments of the noble Lord, Lord Murphy, were referred to colleagues. I hope the noble Baroness will understand that, as I am not a departmental Minister with direct responsibility for the Northern Ireland protocol, I cannot make a specific commitment beyond that which I gave in my speech and I repeat in response to her intervention. I assure her that her comments will be relayed to my appropriate colleagues.
Lord Hodgson of Astley Abbotts (Con)
My Lords, before I thank my noble friend, I say to the noble Baroness, Lady Bennett, that to characterise the work of Members of my party on these Benches as seeking only to restrict the right of people to vote is an outrageous accusation. All we wish to do—all I wish to do—is to ensure we get the maximum participation in a framework that gives our fellow citizens confidence that the system is well organised, properly disciplined and free from corruption and misdemeanour. That is all.
That having been said, I thank my noble friend. I am disappointed, but I am not surprised either. The takeaway I have from this short debate is that there are quite a lot of loose ends. The noble Lords, Lord Stunell, Lord Shipley, Lord Collins and Lord Green, and the noble Baroness, Lady Ritchie, all have loose ends. My noble friend can say, “Well, yes, it’s too difficult; let’s put it in a drawer, lock it and come back to it in 10 years when we go around this track again” or he could take it away, think about it and say, “Let’s have —outside this Bill—a proper debate about the nature of British citizenship and the rights and responsibilities as they pertain to 2022.” I hope he can find time in his department to do that. In the meantime, I beg leave to withdraw the amendment.
Elections Bill
Monday 25th April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 141-II Second marshalled list for Report - (21 Apr 2022)
16:52 - Division on Amendment 45 - Ayes: 265 / Noes: 199 - Amendment 45 agreed.
19:17 - Division on Amendment 63 - Ayes: 194 / Noes: 220 - Amendment 63 disagreed.
20:00 - Division on Amendment 69A - Ayes: 169 / Noes: 209 - Amendment 69A disagreed.
Lord Judge
Lord Judge (CB)
My Lords—oh dear, I am sorry your Lordships are all departing. Maybe the Conservatives who are departing do not want to hear what I have to say.
Lord Judge (CB)
It is a very strange thing but, quite by accident—I promise it is by accident—I happen to have my copy of the Bill open at a part I have not really studied, called “Undue Influence”. Suddenly I find myself thinking, “What a very good thing to prevent that happening in this Bill.”
I have addressed your Lordships on a number of occasions about the Bill, particularly these clauses, including Clause 15, which we are discussing now. Noble Lords have listened with patience and courtesy and I have listened to the Minister with great patience. I regret that I am unconvinced by what he has said in the House so I intend to seek the opinion of the House at the end of this debate, but I intend to be brief.
I really do not think that anyone in your Lordships’ House can have the slightest doubt about the constitutional imperative that the Electoral Commission should be politically independent—independent of all political influence, whether direct or indirect, over the electoral process. If anyone disagrees with that, would they please say so? Any possibility that the party in government may have influence over the electoral process should be rejected.
Clauses 15 and 16 are repugnant to that foundational principle. They require the commission to have regard, at the very lowest, to pay close attention to the strategy and policy principles, and to follow the guidance, of the Government of the day. The importance of this feature of the language, which is tucked away but needs emphasis, is that the Electoral Commission will exercise its responsibilities in relation to the strategy and policy statement to enable Her Majesty’s Government to meet those priorities. If we rephrase that, it says that the Electoral Commission must enable the strategic and policy priorities of the Government to be met. That does not sound like independence. These are directive provisions. The word “duty” is used, imposing unequivocal statutory obligations on the commission that will govern—or, if not govern, will certainly influence —its own performance of its responsibility, and perhaps, dare I say it, is meant to influence it.
The commission, which everyone agrees—so far, at any rate—should be independent of government, is to be subject to a statutory duty to enable the Government to achieve their priorities: that is to say, their priorities, strategies and guidance to the extent that they relate to the electoral system. That is what the Bill says. This proposal came out of the blue without reference, consultation or, astonishingly—to me, at any rate, as someone who does not have a political background—for a proposal that has a constitutional impact, without cross-party discussion of any kind.
There is a problem with the Electoral Commission, as I have heard from all sides: it does not work as well as it should; it is inefficient; it does not do this, it does do this and it was wrong to do that. I have heard them all. Fine, but this proposal is not an answer to that problem. I simply ask us all to think: if this proposal had been included in the original Bill in 2000, outrage would have been expressed on all sides of the House of Commons. That is the problem.
Lord Blunkett (Lab)
My Lords, I support the noble and learned Lord in his amendments, to which I have added my name. We have a cross-party understanding, I believe, that, whatever their intentions, the Government have got this wrong. When the House has the kind of unanimity that it has in relation to the Electoral Commission’s powers and the strategy and policy statement process, it is incumbent on any Government to listen and to learn.
The noble Lord, Lord Wolfson, in his dignified and honourable resignation from the Front Bench—I believe we unanimously regret that he felt he needed to resign—said in his resignation letter that we have to take into account how others see us.
The noble and learned Lord referred to the legislation in 2000. I was a Member of the Cabinet at the time. We had a majority of 179. We could have pushed anything through, but the outrage which would have emerged universally across our media, as well as from the Benches opposite, would have driven us back inevitably to a situation where we would have had to think again. I ask the Government, with less than half that majority, to think again. It is not what might be intended, it is how that intention might be perceived—as well as the real outcome. There is the potential for a Trojan horse to lead us down a path which could be regretted at length as part of our constitution. Crucially, this will be seen from outside the country in the way that the noble Lord, Lord Wolfson, perceived in relation to the rule of law.
Gideon Rachman from the Financial Times has written a book called The Age of The Strongman. In it, like many others who have written on this subject, he poses the real and present challenge of the international democratic process being undermined by the clash between the strong autocratic leadership of those outside the democratic fold; those within the purview of the democratic fold who are leading their nations into autocracy and the diktat of the centre; and the participative democratic world, which involves people being listened to, not just in parliaments but across the nations, and taken notice of.
I am afraid to say that the clauses with which we are dealing this afternoon are a measure of a Government who have not understood that they should be on the side of the participative democratic processes which defend us against the creeping autocracy we see internationally at the moment. It is as serious as that. The Electoral Commission and the electorate as a whole, who were polled over the weekend, have demonstrated their concern. Most people will not understand the detail of the Electoral Commission—why would they? However, they do understand when a Government start to believe that their party and their place in government are one and the same thing—they are not.
I tried to put this across in recent legislation in other areas of public policy. The Government govern for the nation as a whole; they do not govern for a particular political party. Of course, they will want to implement their manifesto and the mandate they have been given by the electorate. By the way, there is no mandate at all on this; there is no suggestion, as there has been in other parts of the Bill, that the Government had indicated, in their manifesto and during the election, that they wished to deal with the Electoral Commission in this way. There have been suggestions from one or two Members of this House at Second Reading and at Committee that somehow the Electoral Commission attracted the notice of the Government—or the Conservative Party, I should say—in terms of what happened in the 2016 referendum. This was backed up by the noble Baroness, Lady Fox; I was sat next to her at the time, and it was a rather half-hearted effort to defend the Government on this particular set of clauses.
There is no argument for it; there is no problem, as the noble and learned Lord explained. What we have is a solution in pursuit of a problem which does not really exist. Fundamentally, we have a vision and message going out from this legislation that will be rued by us all if we do not get this right. I have a very simple appeal to the Government: take these amendments and accept them when they go back to the Commons tomorrow; withdraw the proposal because it does not have support anywhere in this House, in the other House, other than the three-line Whip, or across the country; and allow us to unify on consulting properly on whatever perceived problems the Government—or the Conservative Party—Labour, the Lib Dems or the Cross Benches might have about the operation of the Electoral Commission. Consult properly, undertake this in a democratic fashion, understand how we are seen as a country and get it right.
I ask the Government to please understand this afternoon that some of us, at least, will go to the wire on this one. So let us be prepared to go into next week if we have to, to ensure that we defend our democratic processes and practices. If we do not, somewhere in years to come, someone should ask each of us, “Where were you? What did you do? Did you understand what you were passing? Were you in favour of it? If you were not, why did you not vote against it?”
Lord Young of Cookham (Con)
My Lords, I will make three brief points in support of the amendments of the noble and learned Lord, Lord Judge. The first follows a point made by the noble Lord, Lord Blunkett, who has just made a forceful speech. As my noble friend Lord Cormack mentioned in an earlier debate, I was my party’s spokesman and I was in the shadow Cabinet of William Hague, now my noble friend Lord Hague, when the Bill establishing the Electoral Commission went through. As the noble and learned Lord, Lord Judge, implied, had the Blair Government sought to include these two clauses in that Bill, my party would have strongly opposed that. They conflict with the recommendation of the Neill commission’s report that
“An Election Commission in a democracy like ours could not function properly, or indeed at all, unless it were scrupulously impartial and believed to be so by everyone seriously involved and by the public at large.”
If it was right for my party to oppose those clauses then, it is right to oppose them today.
Secondly, I respectfully disagree with the argument in defence of the Government’s position put forward by my noble friend the Minister on March 10:
“It is entirely appropriate for the Government and Parliament to provide a steer on electoral policy … By increasing policy emphasis on electoral integrity … the Government are seeking to prevent interference in our democracy from fraud, foreign money and hostile state actors.”—[Official Report, 10/3/22; col. 1643.]
It is not the Electoral Commission that requires a steer, for example, on the importance of protecting our democracy from foreign money; it is the Government. The steer that my noble friend described—the statutory requirement to
“have regard to the statement”—
should be in precisely the opposite direction to the one in the Bill.
My third and final reason is related to the first. I have left the Government five times, which is more than anyone else in the Chamber—even the noble Lord, Lord Blunkett. Once was at the request of the electorate in 1997 and three times were, sadly, at the request of the then Prime Minister, but the last was of my own volition, one month after the current Prime Minister took office, when he illegally prorogued Parliament. That was the first of a number of steps that injure out democratic institutions—in that case the House of Commons. It was followed by the failure to defend the judiciary from the “Enemies of the People” attack by the Daily Mail, the attempted interference with the verdict on Owen Paterson, the resignation of the Prime Minister’s independent adviser Alex Allan—instead of the Home Secretary—and the evident disregard, shown from time to time, for the role of your Lordships’ House and the Ministerial Code. These clauses are another step in the same direction; they are disrespectful of the ground rules of our constitution, and they should not be in the Bill.
Lord Grocott (Lab)
My Lords, we have heard three splendid speeches, and I intend to be very brief. I will pick up on a comment made by my noble friend Lord Blunkett, who is of course quite right that the public will not be interested or involved in the details of this legislation. But I have no doubt whatever that they have an acute sense of fairness. In Committee, I suggested that, for the Government to give instructions to the Electoral Commission is akin to a party in a football match—one of the two teams—giving instructions and guidance to the referee prior to the match. I do not think that anyone in Britain would think that that was a fair situation. I do not think that anyone could seriously contend that that is not what would happen if these two clauses become law.
What I find particularly persuasive is that this letter from the Electoral Commission, which many of us have, is, unsurprisingly, signed by every single member bar the Conservative nominee—I make no criticism of the fact that he did not sign it, but it was signed by everyone else. It argues against these two clauses. As they say,
“It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Government to guide the work of the Commission – is inconsistent with the role”
of an “independent electoral commission”. If anyone is wavering on this, just substitute the words “Conservative Party” for “Government”. It is nothing to be ashamed of, and I strongly support political parties; I have been in one all my life and I would go as far as to say that they are the lifeblood of our democracy. I do not regard as superior human beings those people who have not joined political parties. If we substitute the word “Government” with “Conservative Party”—because of course Governments consist, in the main, of one political party—it reads as follows: “It is our firm and shared view that the introduction of a Strategy and Policy Statement – enabling the Conservative Party to guide the work of the Commission – is inconsistent with the role of an independent electoral commission.” Is there anyone here who could possibly dispute that statement? Forgetting about the Government for a moment, for one political party in a contested situation—which is precisely what elections are, which is why they can get fraught and need adjudicators—to give an instruction to the referee, or the Electoral Commission in this case, is clearly inconsistent and unacceptable as part of our electoral procedures. I urge everyone to see the fairness of that argument and to support the amendment from the noble and learned Lord, Lord Judge.
Viscount Hailsham (Con)
My Lords, I rise very briefly to support the amendment put forward by the noble and learned Lord, which has, if I may say so, attracted very wide support on all Benches of this House.
Others have already identified some of the aspects of Clause 15 that are truly objectionable, so I will not go into any great detail, save to say that, on any view, the powers given to the Secretary of State are very extensive. They are, as has been said by a number of your Lordships, designed to make the commission an implementer of government policy. The requirement on the Government to consult is extraordinarily limited, and the obligation on the commission to report compliance will expose the commission to the cry “Enemies of the People”, as happened in 2016 when the judges held that Brexit required the consent of Parliament. I might remember, too, that the Lord Chancellor of the day did not push back on that criticism. I acknowledge that the substantive statement is subject to the affirmative resolution procedure, but I also point out that, in the House of Commons at least, that will be the subject of the most strenuous whipping. In any event, of course, the statutory instrument procedure is not subject to amendment.
I have been in public life for 40 years—not as long as my noble friend Lord Cormack, but perhaps long enough—and I have come to a very settled conclusion: if you give powers to the Executive or to officials, in time they are certain to be abused or misused. That will certainly happen. As my noble friend Lord Young of Cookham—I have known him for over 60 years—rightly pointed out, the present Prime Minister illegally thought to prorogue Parliament. I am told by reading the newspapers that, at this moment, the Government are thinking of simply abrogating the Northern Ireland protocol—a treaty obligation to which the Prime Minister signed up very recently and on which, at the time, he incorrectly stated that it did not create a hard border between Northern Ireland and the rest of the United Kingdom.
As has been rightly said, in particular by the noble Lord, Lord Grocott, election law is extraordinarily sensitive. I for one am not prepared to give powers to a Government that, if used, misused or abused, will certainly damage yet further the respect for our democratic institutions. It is for that reason that if, as I hope, the noble and learned Lord moves to test the opinion of the House, I shall support him.
Baroness Jones of Moulsecoomb (GP)
My Lords, I would like to join in on all these comments about the Prime Minister’s failings, but I just do not think there is time in this debate.
I support the noble and learned Lord, Lord Judge, and will obviously support the amendments, but before I speak to those specifically, I hope noble Lords will not mind if I speak briefly about what we are facing this week—and possibly next week—because the Government have created a legislative deadlock. This was not the fault of your Lordships’ House; it was the fault of the Government, and if this legislation is not passed in the next few days, it falls completely. I have no problem with that—I would like to see it all fall—but the fact is that that probably is not a position your Lordships’ House can take. However, we can obtain very significant concessions from the Government. They will not want to lose all these Bills, and this is an opportunity for us to throw out the worst bits of the legislation that we have all argued about over the past few months.
I make a plea to the Labour Front Bench and the Cross-Benchers that we maintain the maximum amount of toughness in the face of what the Government are trying to push through this House. We should not fumble this opportunity to improve Bills that we have tried to improve, only for almost all those amendments to be ripped out by the other place. So, I am looking forward to today. I have sat here and listened to the speeches with a real smile on my face; it has been wonderful.
Amendments 45 and 46 are a perfect example of why we should not back down. We have to insist that we will not pass the Bill if Clauses 15 and 16 remain in it. The Electoral Commission, as we have heard, said it best, and I agree. It says that the proposals are
“inconsistent with the role that an independent commission plays in a healthy democratic system.”
This Government are trying to reduce the amount of democracy we have in Britain, and that is a terrible failing for a democratically elected Government.
The Greens are very grateful to the noble and learned Lord, Lord Judge, for leading on these essential amendments. I am sure he is going to carry the House with him, and we will obviously vote for them again and again—as many times as it takes to force the Government to drop them or lose the Bill entirely.
Lord Cormack (Con)
My Lords, it is always a great pleasure to follow the noble Baroness. I frequently do not agree with her; today, I most certainly do and I think, to use the words of the noble Lord, Lord Blunkett, this is one that we take to the wire, because this is completely unacceptable in a Bill of this nature. In no circumstances could I possibly condone the Bill if it goes forward with these clauses in it.
As I was listening this afternoon to some excellent speeches, I thought of those famous words of Acton: “Power corrupts; absolute power corrupts absolutely.” I am afraid we are in danger of our Government being corrupted. I use those words deliberately and slowly, but it is a real risk, because the arrogance that we see from this Government—my noble friend Lord Hailsham referred to this—is something that, in my 52 years in Parliament, I have not seen before. Coupled with it is a disinclination to disagree agreeably, and in a democracy it is very important to be able to do that.
For a Government to take these powers to themselves is something up with which we should not put. I referred to this in previous debates, at Second Reading and in Committee. We have here a potential seizure of power that, as my noble friend Lord Young of Cookham said, we would not have countenanced from the Labour Government, with their massive majority, 22 years ago, when he and I—he was leading—were dealing from the Front Bench with the Bill that established the Electoral Commission.
Lord Stunell (LD)
I thank the noble Lord for giving me a turn.
The case for removing these two clauses has been very powerfully made already and my point is a very simple one which will not take very long. These two clauses, if they remain in the Bill, will put in the hands of a successor Government the essential tools to immediately deliver the very first task set out in the autocrat’s playbook, which is, when you take power, make sure you keep it. In the UK, that means making sure that you have the Electoral Commission under your thumb.
I have only one question for the Minister. Taking him fully at his word that this Government would never in a million years use these powers to distort the actions of the Electoral Commission or to raise the bar for opposition candidates or opposition parties in any future election, what happens when the million years is up? What happens when another Government, less imbued with the deep ethical principles so clearly exhibited by the present Administration, less scrupulous about fair play and with less commitment to truth and accuracy, take office? Can the Minister say to your Lordships, in all honesty, that it will be safe to put these clauses on the statute book, just waiting for that ruthless successor Government to exploit? It could be an ultra-left Government with little regard for constitutional conventions, balancing the books or protecting industry from red tape, and perhaps ready to repudiate international treaties, undermining all those Conservative values that the Minister espouses so much.
Does the Minister think it is safe to leave these clauses in the Bill? I have seen the noble Lord in action. I do not believe that he is either so naive or so short-sighted as to believe it would be safe to do so, and it would not be in the long-term interests of the Conservative Party for these clauses to be in the Bill. I, my noble friends and other noble Lords all around the House have powerfully expressed the view that we are ready to help him get off the hook and to take these two clauses out of the Bill.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I apologise to the noble Lord, Lord Stunell, and to the House, for having pushed him so rudely.
When one sees the way the tide of opinion is flowing strongly, it is very easy to think that it is best to keep one’s head down and not provide a cautionary word about being careful what we wish for in taking these amendments through—should the House so decide. I note and appreciate the concerns expressed in powerful speeches this afternoon. These are replicated in the briefing from the Electoral Commission referred to by the noble Lord, Lord Grocott. Several letters in the correspondence columns of the broadsheets have carried an equivalent message.
I also recognise that the drafting of parts of these clauses can best be described as uncompromising. The noble and learned Lord, Lord Judge, referred to this, though I think he was slightly dismissive about the consultation processes provided for in Clause 15, in new Sections 4C and 4D. He pointed out that the procedures for scrutinising secondary legislation are proving increasingly inadequate and ineffective for modern conditions. He knows that I agree with him. I am pleased to be able to tell him and the House that the Secondary Legislation Scrutiny Committee, which I chair, will publish a further end of term report at the end of this week. This will give grist to his mill—and indeed to mine.
Among the concerns raised is the use of what can be described as tertiary legislation. I spoke to the noble and learned Lord in advance of this debate, so he knows broadly what I shall say about creating bodies over which there is absolutely no parliamentary control but which, none the less, have powers that concern some of the most fundamental aspects of our society. One recent example is the College of Policing, an independent body able to introduce regulations and codes that affect every one of us.
The noble and learned Lord, Lord Judge, and my noble friend Lord Blencathra have made common cause in attacking this. I entirely support them. To come to the point, I am not yet convinced that, if these two amendments were agreed, we would not be creating another body equivalent to the College of Policing, but this time for electoral purposes—an equally important part of our national life.
Am I enthusiastic about Clauses 15 and 16? Not at all, but I recognise that there is some parliamentary involvement and approval in this process. If these amendments were accepted, the Electoral Commission—with all the criticisms that have been made of it, fairly or unfairly—would float free from any even minor scrutiny or accountability. In my view, this would be even less desirable.
Baroness Noakes (Con)
My Lords, it is a pleasure to follow my noble friend Lord Hodgson. I wish him a very happy birthday.
Baroness Noakes (Con)
I wish to make two points about these amendments. I do so in the hope—but not the expectation—that noble Lords who have set their faces against these clauses will look at them in a more favourable light.
First, all public bodies must be accountable, whether they are independent regulators or carrying out other kinds of function. This should not be a controversial statement. The role of the Speaker’s Committee, as set out in PPERA, with its focus on budgets and plans rather than outcomes and actions, provides a weak accountability framework. Indeed, the report on election fraud from my noble friend Lord Pickles, who I am glad to see in his place, found it ineffective. Clauses 15 and 16 beef up the Speaker’s Committee so that it can hold the Electoral Commission to account on the basis of the policy and strategy statement, remembering, of course, that that statement is not just the creature of government and must be consulted on and approved by Parliament. Anyone who opposes Clauses 15 and 16 really should explain how they would ensure that the Electoral Commission will be properly accountable, because the current arrangements are simply not fit for purpose.
Secondly, there is a myth that the strategy and policy statement is a de facto power of direction or involves giving instructions—I think that was the phrase used by the noble Lord, Lord Grocott—to the Electoral Commission. Clause 15 could not be clearer. There is no obligation on the commission to follow the statement. There is no alteration of the core duties and obligations set out in PPERA. The commission’s only duty is to have regard to the statement and report annually on what it has done in consequence of it. That report might, in theory, say that it has done nothing in consequence of the statement, but given the generally bland nature of these policy and strategy statements, I think that would be unlikely.
The opponents of these clauses, however, say that the strategy and policy statements will influence the Electoral Commission, with the implication that influence is always malign. I believe that the independence of the Electoral Commission is founded in the independence of the thought and integrity of the commissioners themselves, and those commissioners are not appointed by the Government. Genuinely independent commissioners will do what they think is necessary in accordance with their statutory obligations, and they will do that whatever the Government tell them to do. The commissioners are the first line of defence against undue influence. Influence can be a positive thing, too. I hope noble Lords would have no problem if, for example, a statement influenced the commission to focus on important issues such as those that arose in relation to Tower Hamlets. I remind noble Lords that the Electoral Commission did not cover itself in glory when first encountering the issues there. I urge noble Lords not to support these amendments.
Lord Hayward (Con)
My Lords, I shall cover two or three points. I shall not go into detail about some of my concerns about the Electoral Commission, except to make a limited comment about difficulties I have at the moment. I will start by referring to comments made by the noble Lord, Lord Grocott, earlier in relation to referees. I wear my rugby referee’s tie with pride today because it is an indication of the impartiality one is required to have under all circumstances. No player or spectator ever accused me of not being impartial. They may have accused me of being incompetent, and did so volubly from the touchline, but they did not accuse me of not being impartial.
I must disagree with both my noble friends Lord Hodgson and Lady Noakes. As far as I am concerned, there are ways of dealing with the problems of the Electoral Commission. As I think many Members know, I have had more problems and more dealings with the Electoral Commission over the last 12 months than virtually anybody in this Chamber—and, my godfathers, does it not drive you barmy? I have sympathy with the Government because they are trying to tackle the problem. All I shall say on my latest difficulty, which has been running for four or five days, is: will the Electoral Commission please look at itself rather than passing to others the responsibility for policing matters—administering elections and the like? This problem has run since 2013 to my full knowledge. It keeps saying that other people need to deal with these matters but it does not look at itself.
These clauses are not a way of tackling the problems that I and others have faced with the Electoral Commission. As the noble Lord, Lord Grocott, said, in effect, they tell us that the home team at a rugby match shall have the right to speak to the referee and tell him how he will referee that game. I am sorry, but I disagree with the noble Baroness, Lady Noakes: if you are giving guidance, however softly and subtly you do it, you are influencing the Electoral Commission and not giving others that opportunity to influence it in the same way. We need to look at the way that the commissioners are appointed, and we may need to look at the way that other organisations around it operate, but the one thing we do not need to do is to tie the commission to guidance from the Government.
Lord Wallace of Saltaire (LD)
My Lords, my name is on these amendments. We have had a very powerful debate from all sides of the House, and I suggest that we now ought to move towards the Minister’s response.
I remind the Minister of the constitutional context we are in and of his responsibilities as, in effect, the only member of the Government with responsibility for the constitution and constitutional propriety. Noble Lords may not be fully aware that, since the last reshuffle, there is no longer any Minister within the Government who has been given the specific responsibility of being Minister for the Constitution. The responsibility for this Bill has been moved from the Cabinet Office to the department for levelling up, communities, local government and various other things which provide a very extensive portfolio for Michael Gove. That leaves the Minister in some ways stranded, but in other ways he is the only member of the Government—apart from the Prime Minister himself—who specifically has responsibility for constitutional propriety among his major responsibilities.
The Minister will be well aware that the noble Lord, Lord Wolfson of Tredegar, referred to issues of constitutional principle in his resignation letter and that, before him, the noble Lord, Lord Faulks, also resigned on a matter of constitutional principle. I hope that the Minister will address the constitutional propriety of these two clauses in winding up. After all, we are in a wider constitutional crisis, both domestically—I have referred to the context of that—and internationally, given what is happening in Ukraine and the growth of autocracies around the world.
The noble Lord, Lord Finkelstein, who sadly is not in his place, addressed Britain’s constitutional crisis in his article in the Times last Wednesday. He reminded his readers:
“The British constitution, because it is unwritten, is particularly vulnerable to its limitations being resisted at the top of government … It is the responsibility of parliamentarians, and in particular Conservative ones, to insist”
that constitutional rules and conventions are followed. I welcome the reaffirmation made by the noble Lord, Lord Finkelstein, of the Conservative Party’s proud tradition as the constitutional party—from Burke through successive Salisburys to the noble Viscount’s father, Lord Hailsham—and I regret our current Government’s failure to maintain fully that tradition.
I invite the Minister to explain to the House how he considers these proposals to be compatible with Conservative principles of limited government and parliamentary sovereignty. If he cannot reconcile the tried and tested principles of Conservatism—about which he has often spoken eloquently—with these proposals, he should accept that they should be removed.
Baroness Hayman of Ullock (Lab)
My Lords, we very much welcome these amendments. We thank the noble and learned Lord, Lord Judge, for tabling them and for his excellent and clear introduction on his concerns about the implications of leaving these clauses in the Bill. I will be brief, as he and many other noble Lords made excellent speeches today.
We have made it extremely clear on previous stages of the Bill’s consideration that we are extremely concerned about its intention to make provisions for a power to designate a strategy and policy statement for the Electoral Commission, drafted by government. As other noble Lords have said, this would allow political interference in the regulation of our elections and calls into question the independence of the Electoral Commission from government and political control. This simply cannot be allowed to happen. It is a dangerous precedent. If we look at similar democracies such as Canada, New Zealand or Australia, there is always a complete separation between government and the electoral commission. It is essential that our regulatory framework strikes the right balance between upholding the independence of the Electoral Commission and ensuring it is properly scrutinised and held to account. The noble Lord, Lord Hayward, made some good points about the fact that we need to look at how it operates, but this is absolutely not the way to go about it.
I remind those noble Lords who have said that this is not of any concern that new Section 4B(2) in Clause 15 says that:
“The Commission must have regard to the statement when carrying out their functions”—
“must”, not “may”. That is what really concerns us. We have had many excellent speeches, so I urge the Minister to listen very carefully to what has been said in the defence of our democracy. That is what we are talking about. We fully support these amendments and urge other noble Lords to do the same when this is put to the House.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I have not detected universal enthusiasm for these clauses in the debate, but I will seek to persuade your Lordships that they should remain. Of course, in remaining, one of the things they do is provide a basis for further discussion.
Your Lordships’ House is a revising Chamber, but we do not have here amendments to revise. These amendments would simply remove clauses on the basis of arguments which, in my submission, are exaggerated in their concerns, although I understand and share the concerns for democratic responsibility and respect. We have even heard several threats to kill the whole Bill. I must remind noble Lords that this is a Bill that prevents election fraud and abuse; introduces the first controls on digital campaigning; cracks down in many ways on foreign spending; and improves the integrity of postal voting. These are matters which have wide assent across the Chamber and across both Houses. It would not be wise or proportionate for your Lordships to consider killing those proposals on the basis of this particular issue.
Lord Cormack (Con)
Would my noble friend accept that if the Government withdraw these clauses, on which there is a great deal of opposition, the Bill will go through? Several of us have said that it has many excellent features. We do not want to kill the Bill, but we do want to remove this anti-democratic element from it.
Lord True (Con)
My Lords, I can only respond to the language I heard in the debate and, of course, that will lie in Hansard. Of course I listen to the range of concerns set out by your Lordships. The main concern that I hear, and understand, is about the potential impact on the independence of the Electoral Commission.
I stated in Committee, and I do so again now, that the Government’s proposals take a proportionate approach to reforming the accountability of the commission to Parliament, which some who have spoken have admitted could be reviewed, while respecting its operational independence. I agree with the noble and learned Lord, Lord Judge, and others that it is vital we have an independent regulator that commands trust across the political spectrum.
By the way, the noble Lord, Lord Stunell, asked would I worry if the Labour Party had such powers on the statute book. I remind your Lordships that the Labour Party is a great constitutional party, and I would trust it to use the responsibilities and powers that it had in an appropriate manner.
In previous debates, parliamentarians across both Houses identified areas of concern with the commission’s work. My noble friend Lord Hodgson of Astley Abbotts spoke to this. Under the existing accountability framework, in practice, parliamentarians are limited in their ability to scrutinise and hold the commission effectively accountable. The report by my noble friend Lord Pickles, whom I am pleased to see in his place, obviously alluded to certain issues that he felt had not been fully addressed. These measures will seek to remedy this by providing guidance, as approved by Parliament, for the commission to consider in the exercise of its functions, and by giving the Speaker’s Committee an enhanced role in holding the commission to account in how it has performed its duties in relation to the proposed statement.
It has been suggested, several times, that the “duty to have regard” to the strategy and policy statement placed on the commission in Clause 15 will weaken its independence and give Ministers the power to direct it. The Government strongly reject this characterisation of the measures. The Electoral Commission will remain operationally independent and governed by its Electoral Commissioners as a result of this measure, after as before. This duty does not allow the Government to direct the work of the commission, nor does it undermine the commission’s other statutory duties.
Baroness Wheatcroft (CB)
I wonder, given what the Minister has just said, whether he could explain the purpose of new Section 13ZA, on the examination of the duty to have regard to the strategy and policy statement, which states:
“The Speaker’s Committee may examine the performance by the Commission of the Commission’s duty under section 4B(2) (duty to have regard to strategy and policy statement).”
What is the purpose of having the ability to examine the commitment to the policy statement? What would the Government do if it found that “have regard” had not been sufficient?
Lord True (Con)
My Lords, I say to the noble Baroness that it is not a power to direct. The Speaker’s Committee is not a government institution; it is part of the architecture that is there, and has been there, to oversee the work of the commission. That was inherent in previous legislation; this legislation seeks to improve its ability to do so. What the legislation means is that when carrying out its functions, yes, the commission will be asked to consider the statement, but weigh it up against any other relative considerations.
The noble and learned Lord, Lord Judge, knows the respect I have for him. I have enjoyed discussing this matter with him and no doubt may again if he has his way in your Lordships’ House today, which I hope he will not, but our contention is that there are a number of safeguarding provisions around parliamentary approval and consultation built into Clause 15. I outlined that at length in previous debates and will not repeat it here. I believe, notwithstanding the noble and learned Lord’s remarks, that those safeguarding provisions should reassure those who have expressed concerns about strategy and policy statements being drafted by future Governments that may have ill intent.
Lord Blunkett (Lab)
Can the Minister list which Select Committees have Ministers as members?
Lord True (Con)
My Lords, as the noble Lord knows, the Speaker’s Committee is sui generis. Obviously, it has senior representation from political parties in the House of Commons. I have enormous respect and affection for the noble Lord. It is not reasonable to impugn the integrity of a Speaker’s Committee and I do not think that he was doing so—
Lord Blunkett (Lab)
I was not, in any way, impugning the Speaker’s Committee. I was picking up the point that the Minister had just made about the corollary of a Select Committee.
Lord True (Con)
My Lords, I am glad that the noble Lord rose. I had started to make it clear that I was not making any such proposal. The analogy I was using is just a mechanism in terms of the way that the committee will be able to conduct its reviews, effectively holding the commission accountable on a broader range of its activities than is currently allowed in law. As I sought to explain to your Lordships, that remit is currently narrowly restricted.
For the reasons that I have set out, I urge that my noble friends and noble Lords across the House oppose the amendments put forward by the noble and learned Lord, and that Clauses 15 and 16 stand part of the Bill.
Lord Judge (CB)
My Lords, I thank everybody who has participated, including those Members of the House who do not agree with me. It is fun to listen to alternative arguments.
I have just a couple of points to make. The problem with these clauses is that they were inserted without any kind of discussion. When constitutional issues are being addressed, and when, in particular, the independence of the Electoral Commission and its performance are being addressed, surely, of all things, that is something for cross-party discussion, and it is for the cross-parties to make up their minds how to make the Electoral Commission do its job and perform its function better than it has. That is a matter for Parliament: I am not going to advance different solutions to this, but the problem is that nobody has asked anybody else. That is why I describe this proposal as “new minted”. It is “new minted”, and that is one of its problems.
The other problem is with the phrase “must have regard to”. I “must have regard” to everything the Minister says. I am going to listen to it; I am going to be influenced by it. I might not feel quite as strongly as I did against him—I do not know—but the point is that you have to have regard to the statement by the Minister of the Government’s strategies, priorities and guidance, and that would influence any body of people, however independent-minded they are and wish to be. That, surely, is the point of this legislation. The Government want the commission to be influenced by the strategy and priorities paper.
If the Electoral Commission says, “Well, we have seen what the Minister has to say. We have read the statement and we think it’s a load of rubbish”, what happens then? Apart from anything else, the noble Lord, Lord Pannick, will be briefed on a judicial review by the Government that the Electoral Commission was not exercising its powers correctly, and he would probably win. As I have told noble Lords before, he never won a single case in front of me; and as I have also told noble Lords before, on every occasion when he appealed, he won.
Lord Pannick (CB)
I would just add, on a serious note, that the noble and learned Lord makes an absolutely correct point. If the Electoral Commission said, “We do not agree with this document and we are not going to follow it”, there would be a real danger of judicial review. There would be a real danger, in particular, because this document would have the approval of Parliament, it having been whipped through.
Lord Judge (CB)
My Lords, on that happy note, I think we had better let the House make up its own mind. I seek the opinion of the House.
Lord Judge
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Lord Rennard
Lord Rennard (LD)
My Lords, after a long debate on a substantive issue, this will probably be a rather shorter, more technical debate. First, I thank the noble Lord, Lord Collins of Highbury, from the Labour Front Bench, and the noble Baroness, Lady Bennett, from the Greens, for supporting the amendment to delete Clause 19 in Committee. I am also grateful to the Minister, the noble Lord, Lord True, and his team for engaging on this issue of accounting for election expenditure in constituencies. The Government’s position appears to be that no change in law is proposed. I therefore think that Clause 19 is unnecessary. The Government say that it is about clarification, but I think this has been provided by the courts and that guidance from the Electoral Commission—provided it remains independent—should suffice.
The Government blame confusion about the rules for election spending in constituencies for the prosecution of the Conservative candidate, the Conservative agent and a senior Conservative HQ staff member following the campaign in South Thanet during the 2015 general election. However, it does not address the widespread concern after that election that the basic principles of the Corrupt and Illegal Practices Prevention Act 1883, which first provided a level playing field in constituency election campaigns, were being subverted in that election.
Lord Collins of Highbury (Lab)
I do not have much to add to the noble Lord’s contribution. We support his contention that this is an unnecessary clause. I agree that the principle is one that we should completely reaffirm, as the noble Lord, Lord Young of Cookham, did in a previous debate. We need the assurances from the Minister. If he is unable to give the assurances that the noble Lord, Lord Rennard, seeks, we will support him if he decides to divide the House.
Lord True (Con)
My Lords, as noble Lords will know, Clause 19 is there to clarify the law on benefits in kind and make it clear that candidates need to report only benefits in kind that they have actually used or which they or their election agent have directed, authorised or encouraged someone else to use on their behalf. We had some discussion on this in Committee, as the noble Lord acknowledges. This was already widely understood to be true, prior to the Supreme Court judgment in R v Mackinlay and others. The Supreme Court judgment has led to concerns that candidates and agents could be responsible for spending they had not consented to or were unaware of or not involved in. This is an unacceptable situation and risks a chilling effect on people willing to put themselves forward as candidates and agents.
The noble Lord has been so kind as to refer to the positive engagement we had and I thank him for his continued interest in and engagement on the topic. In response to some of the concerns he raised, including those raised again today, I am happy to provide clarity on the government position. The noble Lord, Lord Rennard, asked two specific questions and I can say to him that the Government are absolutely committed to the long-standing principle of a level playing field for general election campaigns, whether in campaigning being carried out at constituency level or nationally. The noble Lord referred to a statement made by my noble friend Lord Young of Cookham in 2019 when agreeing with the importance of the principle of a level playing field in relation to spending at elections. The Government maintain the commitment my noble friend gave; nothing in the Bill seeks to undermine that principle.
The proposals in the Bill will not change the fundamental principle that party spending in support of a particular candidate in a local area falls to be recorded as candidate spending against the local limit. Instead, the clauses bring forward changes seeking to maintain the level playing field by ensuring that all candidates and agents across the political spectrum are clear and confident in their legal responsibilities. Clause 19 also makes an equivalent amendment to the same rules for other types of campaigners, such as political parties and third-party campaigners, to ensure that the rules are consistent. We believe that these changes will bring much-needed reassurance and clarity to candidates and their agents on the rules which apply to notional expenditure for reserved elections. In combination with expanded statutory guidance—which we will discuss shortly—from the Electoral Commission on this matter provided for in Clause 20, this measure will support compliance with the rules and ensure that those wishing to participate in public life can feel confident doing so, clear in their obligations.
The noble Lord, Lord Rennard, asked a further and very specific question. I can say to him that the Government are not acting in response to the judgment of Southwark Crown Court in 2019 in relation to campaigning in South Thanet in 2015. However, the Supreme Court’s judgment in 2018 related specifically to the consideration of a particular point of law and concluded that there was no requirement for authorisation in Section 90(3) of the 2000 Act, which was contrary to the understanding of many and led to concerns about what expenses could potentially be incurred on a candidate’s behalf even without their knowledge. As a result, there have been calls from across the political spectrum for clarification of those rules. A cross-party committee of MPs, PACAC and the Law Commission have called for clarity on the rules in recent reports. The changes enacted by the Bill will only clarify the law so that it can be commonly understood. As I said, any uncertainty could lead to a democratic chilling effect, with candidates and election agents, who are often volunteers and fearful of their personal circumstances, unwilling to expose themselves to risk.
Finally, it is important to note that Section 75 of the Representation of the People Act 1983 already prohibits “local” third-party spending over £700 which has not been “authorised in writing”; therefore, it requires specific authorisation. Where such spending is authorised by a candidate, the candidate must also report on the spending incurred by the third party. If a third party, which could include a political party, spends over that threshold without authorisation, an offence has been committed. The Elections Bill does not alter this. Where a third party, including a political party, has provided property, goods and services free of charge or at a discount, or has made use of property, this must be recorded as a notional expense.
I can assure the noble Lord on those points that we are absolutely committed to the assurance my noble friend gave and that we are not acting in response to the judgment of Southwark Crown Court in 2019 in relation to 2015 and the issues of uncertainty that have arisen. Therefore, I hope that the noble Lord will accept those assurances and be ready to withdraw his amendment that would remove this clause from the Bill.
Lord Rennard (LD)
My Lords, I am grateful to the Minister for those warm words and his reassurance, and for his engagement and that of his officials on this important issue of election law. We have certainly made great progress on the issue since we began discussing what may happen in relation to notional expenditure and the original Private Member’s Bill, but I take from everything that he says, when he refers to clarification following the Supreme Court judgment, that any court in future would say that nothing in this clause should be taken as a change in the law.
I remain unconvinced that it is necessary but I am pleased that the Minister, in his correspondence, particularly that to all Members of the House on 4 April—if I may paraphrase slightly what he said—made it clear that there is no get out of jail free card for a candidate or agent who encourages excessive spending in a constituency and simply relies on the claim not to have authorised it. The word “encouraging” is quite significant in how that may be taken in a court in future should there be controversy over election expenses. It means that there cannot be a nod and a wink to expenditure in the cause of winning a constituency without accepting that such expenditure must be specifically authorised, to a £700 limit, for a third party. An election agent who told their HQ that they were delivering a leaflet with the local volunteers over the weekend so it would be convenient if two coachloads of paid activists could come on Wednesday and Thursday would certainly be encouraging illegal spending, as would providing them with maps and assisting them with their dining and hotel arrangements when they came to canvass or deliver in the constituency.
In my view, it remains a loophole that we must examine at another time that parties can post huge quantities of direct mail to a constituency aimed at influencing the vote there but claim that it is nothing to do with the local candidate. However, given that the Electoral Commission should retain its independence to advise on such matters, and that such advice could again be evidence in court, I beg leave to withdraw the amendment.
Member’s explanatory statement
This amendment, which leaves out the reference to an order under paragraph 3(7) of Schedule 8A to the Political Parties, Elections and Referendums Act 2000 (in the inserted paragraph (aa) for section 156(3) of that Act), is consequential on the new Clause that Lord Hodgson is seeking to insert after Clause 27.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I shall also speak to Amendments 54 and 56. Amendments 49 and 54 are paving amendments, and the bulk of what I want to say relates to Amendment 56.
The role of a Back-Bencher moving amendments is to spend a great deal of one’s time pushing on doors that are firmly shut and remain so. But every now and then a door opens and one staggers into the room off-balance with surprise, and so it is today. It is therefore right that I should begin by thanking the Minister and the Bill team for the way they have responded to Amendment 54, which I tabled in Committee and has now expanded to this group of amendments. I also thank the noble Lord, Lord Blunkett, who is not in his place, for again putting his name to an amendment in this revised group.
I do not intend to repeat my remarks except to say that the amendment is intended to address head-on the so-called chilling effect on third-party campaigning resulting from the provisions of the 2014 Act. At the heart of that problem is what is known as the “intent test”. The wording in the Act catches for regulatory purpose any activity that
“can reasonably be regarded as intended to promote or procure electoral success at any relevant election”.
The decision on which actions or activities cross the line lies with the Electoral Commission. I make it clear that the commission has gone out of its way since the passage of the 2014 Act to reassure third-party campaigners about how it intends to implement these provisions, but we are here today scrutinising primary legislation and we want to future-proof it as far as possible. That includes future-proofing it from a future Electoral Commission that may adopt a less collaborative approach than the current one.
The answer is to introduce a series of statutory codes that have the following advantages: first, they require the Electoral Commission to undertake the intellectual heavy lifting needed to produce a code giving clarity and certainty to third-party campaigners; secondly, they give Parliament the opportunity to scrutinise and approve the initial codes and any revisions thereto; and, thirdly, they give third-party campaigners the knowledge that compliance with the code provides a statutory defence.
Lord Collins of Highbury (Lab)
My Lords, I rise briefly to welcome and support the noble Lord. Throughout the stages of the Bill, I have repeatedly welcomed some of his contributions, particularly in relation to third-party campaigning and creating the certainty and clarity that they need to ensure that the chilling effect does not have a huge impact on our democracy. I very much welcome this, and I welcome the principle that the code of practice provides that necessary parliamentary scrutiny. We welcome these amendments.
Lord True (Con)
My Lords, one of the charming aspects of your Lordships’ House is that when a Minister is being chided for not listening to the House it is rammed to the gills but when the Government make a concession there are not quite so many here. None the less, I thank not only my noble friend Lord Hodgson but colleagues in other parts of the House who have made this case, including the noble Lord, Lord Blunkett, who is not in his place for perfectly understandable reasons.
The amendment would create a new clause in the Bill which would remove a permissive power that allowed the Electoral Commission to prepare a code of practice, and instead, as your Lordships have asked, replace it with a requirement on the Electoral Commission to produce such a code of conduct. It also specifies the scope of the code, sets out the consultation process and procedure for the code, and creates a defence for third parties who are charged with offences under Part 6 of PPERA. It also makes the necessary consequential amendments to Clauses 20 and 25.
As my noble friend kindly acknowledged, in Committee I promised to consider his suggestions on a code of practice for third-party campaigners. He made his arguments in good faith, on the basis of great experience and genuinely reflecting the opinions of the sector. As he acknowledged, my officials and I have since met him and concluded that these changes are necessary and important for third-party campaigners.
The new statutory guidance—I do not know whether it will come to be called “the Hodgson guidance”—will provide certainty for third-party campaigners on how to comply with the rules relating to third-party campaigning. The amendment provides for the guidance to be comprehensive, and I say to my noble friend that it is our hope that this will address the term “the public” used in Part 1 of Schedule 8A on qualifying expenses.
The amendment requires the commission to consult the Speaker’s Committee on the Electoral Commission and the Levelling Up, Housing and Communities Committee, as in our earlier proposals on the strategy document. It also requires the commission to consult such other persons as the commission considers appropriate. As part of the statutory consultation, the Government would certainly expect a cross-section of civil society groups to be consulted; I can give my noble friend that assurance.
I am pleased to confirm that the Government are fully supportive of these three amendments, and I very much hope that your Lordships will support my noble friend.
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
Baroness Noakes
Member’s explanatory statement
The amendments to Clause 22 in the name of Baroness Noakes ensure that the reporting threshold for section 28(3D) of the Political Parties, Elections and Referendums Act 2000 (declaration of assets and liabilities to be provided on application for registration) is expressed in terms that are consistent with accounting practice.
Baroness Noakes (Con)
My Lords, in moving Amendment 51 I will also speak to Amendments 52 and 53 in this group, and I can be brief. The amendments are technical and, I hope, non-contentious, especially as my noble friend Lord True has added his name to them.
In Committee, when we were debating what is now Clause 22, I asked the Minister about the wording of the new subsections (3B) and (3C) in Section 28 of PPERA. This exempts small parties from the new requirement to make a declaration of assets and liabilities when they register. The threshold has been set at £500, which is in line with the recommendations of the Electoral Commission, which recommended it be set by reference to assets or liabilities. The Bill added another reference point: assets plus liabilities. Being a very old-fashioned accountant, adding assets and liabilities together did not make any sense to me.
Since Committee, I have had very constructive exchanges with my noble friend the Minister and his officials, and the outcome of that is the three amendments in this group. In effect, the amendments say that the small-parties threshold is now expressed as £500 for either assets or liabilities. It does this by saying that a small political party has to meet an assets/liabilities condition, which is defined in proposed new subsection (3C), in Amendment 53, as being met only if both assets and liabilities do not exceed £500.
I am grateful to the Government for facilitating this small change to the Bill in the interests of good accounting practice. I beg to move.
Lord Khan of Burnley (Lab)
My Lords, I welcome the amendments tabled by the noble Baroness, Lady Noakes, to highlight the importance that provisions relating to electoral law are consistent with accounting practice. I know that the noble Baroness speaks with great experience and expertise in this area, having served as the president of the Institute of Chartered Accountants in England and Wales, as well as holding various senior positions in the accounting and finance area.
Specifically, these amendments focus on the registration of parties and the declaration of assets in relation to this process. It is crucial that the individuals and groups participating in elections are fully transparent in their practices—a point which these Benches have consistently raised during debates on amendments in previous stages of the Bill.
I hope the Minister can provide assurances that PPERA and other legislation governing political activities are already consistent with accounting practice, but I would also appreciate if she could use this opportunity to provide a more general update on how the evolving governance of accountancy and reporting will relate to political finances.
Finally, the Minister will be aware that the Financial Reporting Council is preparing to transition to become the audit, reporting and governance authority. Can she confirm whether the Government expect the new authority to play any role in overseeing finances relating to elections? I look forward to assurances from the Minister.
Baroness Scott of Bybrook (Con)
My Lords, Amendments 51, 52 and 53 were tabled by my noble friend Lady Noakes, whom I thank for sharing her considerable expertise in and knowledge of this topic. Her constructive engagement with the Bill, particularly this clause, has been gratefully received in order to ensure that the law works effectively and as intended.
Asset declarations upon registration as a political party is an important matter. In answer to the question of the noble Baroness, Lady Hayman, in Committee, I say that this measure was recommended by the Electoral Commission in its 2013 and 2018 reports—A Regulatory Review of the UK’s Party and Election Finance Laws, and Digital Campaigning: Increasing Transparency for Voters. This led to the Committee on Standards in Public Life making the very same recommendation in its 2021 report Regulating Election Finance.
Clause 22 introduces provisions that will require new political parties to declare whether they have assets or liabilities in excess of £500 when they register with the Electoral Commission as a political party. Those with assets or liabilities in excess of £500 will be required to give a record of them as part of their registration. This will provide an increased level of transparency regarding a political party’s financial position at the point of registration. As part of the registration process, new political parties are not currently required to submit a declaration of the assets they own or liabilities they have. This information only becomes available in their first annual statement of accounts, published on the Electoral Commission’s website, which may be up to 18 months after registration.
The central policy aim of Clause 22 is to ensure greater transparency regarding the financial situation of new political parties. It is my and the Government’s view that my noble friend Lady Noakes’s technical amendments make this clearer and easier to understand for political parties registering with the Electoral Commission. These amendments will remove the requirement to add together the assets and liabilities, therefore bringing this clause into line with the more standard accounting practices that my noble friend has shared with us. I will read Hansard tomorrow and make sure that the noble Lord has a written answer to the questions that he asked. Therefore, I am pleased to say that the Government support this amendment, and I urge the noble Lords to do so too.
Baroness Noakes
Member’s explanatory statement
See the explanatory statement to the amendment in the name of Baroness Noakes at page 32, line 14.
“(3C) The assets/liabilities condition is met in relation to a party if—(a) the total value of the party’s assets does not exceed £500, and(b) the total amount of the party’s liabilities does not exceed £500.”Member’s explanatory statement
See the explanatory statement to the amendment in the name of Baroness Noakes at page 32, line 14.
Member’s explanatory statement
This amendment, to leave out subsection (6) of the inserted section 89A of the Political Parties, Elections and Referendums Act 2000, is consequential on the new Clause that Lord Hodgson is seeking to insert after Clause 27.
“(10) An order under subsection (9)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.”Member’s explanatory statement
This amendment makes the power to remove or vary entries in the list of categories of third party that may be recognised for the purposes of Part 6 of the Political Parties, Elections and Referendums Act 2000 exercisable only on the recommendation of the Electoral Commission.
Lord True (Con)
My Lords, Clause 26 allows the Secretary of State to lay legislation before Parliament to amend the list of eligible categories of third-party campaigners in PPERA 2000. As we discussed at earlier stages, this is necessary in instances where, for example, legitimate categories not currently on the list emerge in the future. Without it, they would be significantly restricted in their ability to campaign if they could not be added to the list quickly. We consider the power to remove and vary entries equally as necessary in ensuring that the list of categories remains accurate. Any order, regardless of whether it adds, varies or removes categories, will be subject to full parliamentary scrutiny by both Houses, via the affirmative resolution procedure.
However, the Government have listened carefully to, and taken note of, concerns raised by noble Lords during debates, by the Delegated Powers and Regulatory Reform Committee in its recent report and by representatives from civil society organisations in recent meetings. In recognition of the strength of feeling on this issue, which I understand, I have therefore tabled an amendment that would mean that any order to remove or vary the description of a category of third-party campaigner can only—I emphasise “only”—be made where it gives effect to a recommendation of the Electoral Commission. This Electoral Commission lock will provide the necessary safeguard against any future Government potentially seeking to misuse this clause. I hope that noble Lords will recognise that the Government are earnestly seeking to reassure those concerned by this clause, and that they will support this amendment.
Lord Collins of Highbury (Lab)
My Lords, I will be very brief again. I accept that, in Committee, I went on at length about this issue, although I did not repeat that later on. I accept that the noble Lord has entered into some proper consultation with the TUC and TULO. I welcome those meetings, and I certainly welcome the letter he wrote to both Frances O’Grady and Mick Whelan. It was welcomed particularly in reference to Clause 26—not only the reassurance that this will come from the Electoral Commission, but that there will be proper parliamentary scrutiny. So I very much welcome the Minister’s response and the fact that this House has been able to influence him in removing a clause from the Bill. I thank him very much.
“Code of practice on controls relating to third parties
(1) After section 100 of PPERA insert—“Code of practice relating to controlled expenditure100A Code of practice on controlled expenditure(1) The Commission must prepare a code of practice about the operation of this Part in relation to a reserved regulated period.(2) The code must in particular set out—(a) guidance on the kinds of expenses which do, or do not, fall within Part 1 of Schedule 8A (qualifying expenses);(b) guidance on determining whether the condition in section 85(2)(b) (promoting or procuring electoral success) is met in relation to expenditure;(c) guidance on determining whether anything provided to or for the use of a third party falls to be dealt with in accordance with section 86 (notional controlled expenditure) or with section 95 and Schedule 11 (donations);(d) examples of when expenditure falls to be dealt with in accordance with section 94(6) (expenditure of a third party in pursuance of an arrangement with one or more other third parties);(e) guidance about the operation of sections 94D to 94H (targeted controlled expenditure).(3) The Commission may from time to time revise the code.(4) In exercising their functions under this Part, the Commission must have regard to the code.(5) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a reserved regulated period, to show—(a) that the code, in the form for the time being issued under section 100B, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.(6) In this section, “reserved regulated period” means a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly).(7) Section 100B sets out consultation and procedural requirements relating to the code or any revised code.100B Code of practice: consultation and procedural requirements(1) The Commission must consult the following on a draft of a code under section 100A—(a) the Speaker’s Committee;(b) the Levelling Up, Housing and Communities Committee;(c) such other persons as the Commission consider appropriate.(2) After the Commission have carried out the consultation required by subsection (1), they must—(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and(b) submit the draft to the Secretary of State for approval by the Secretary of State.(3) The Secretary of State may approve a draft code either without modifications or with such modifications as the Secretary of State may determine. (4) Once the Secretary of State has approved a draft code, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—(a) in its original form, or(b) in a form which incorporates any modifications determined under subsection (3).(5) If the draft code incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State must take no further steps in relation to the draft code.(7) Subsection (6) does not prevent a new draft code from being laid before Parliament.(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—(a) the Secretary of State must issue the code in the form of the draft laid before Parliament,(b) the Commission must arrange for the code to be published in such manner as they consider appropriate, and(c) the code comes into force on such day as the Secretary of State may by order appoint.(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.(10) In this section, “the 40-day period”, in relation to a draft code, means—(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.(11) If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (1)(b) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.(12) If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (1)(b) to that Committee is to be read as a reference to the committee which for the time being has those functions.”(2) In section 156 of PPERA (orders and regulations), in subsection (3), before paragraph (a) insert—“(za) an order under section 100B(8);”.(3) In Schedule 8A to PPERA (controlled expenditure: qualifying expenses), in paragraph 3, after sub-paragraph (10) insert— “(11) This paragraph does not apply in relation to expenses incurred during a period in relation to which any limit is imposed by paragraph 3, 7, 9, 10 or 11 of Schedule 10 (regulated periods for parliamentary general elections or general elections to the Northern Ireland Assembly) (see sections 100A and 100B as regards expenses incurred during such a period).””Member’s explanatory statement
This amendment would require the Electoral Commission to publish a code of practice on the operation of Part 6 of the Political Parties, Elections and Referendums Act 2000 (which deals with controlled expenditure of third parties). The code of practice would not apply for the purposes of elections to the Scottish Parliament or Senedd Cymru.
Member’s explanatory statement
This amendment would leave out Clause 28 (joint campaigning by registered parties and third parties).
Lord Clement-Jones
Member’s explanatory statement
This amendment replaces “if it is not reasonably practicable to comply” with “if it is not possible to comply” to ensure that the majority of electronic material is within scope of the bill’s intentions.
Lord Clement-Jones (LD)
My Lords, I rise to move Amendment 58 and speak to Amendments 60, 61, 62 and 65. The amendments in my name in this group closely resemble those I tabled in Committee and that I spoke to comprehensively then. They all relate to digital election campaign content, and I will not repeat the arguments I made for them at any length today. I am grateful to the noble Lords, Lord True and Lord Parkinson, the Bill team and officials from DCMS and DLUHC for meeting with me after Committee, and for what could perhaps be called a moderately enlightening discussion.
Through these amendments, I have been pursuing four aspects of digital campaigning. First, clear guidance on digital imprints is represented by Amendment 58. I have been assured that the Scottish provisions in law—and hence their guidance—are not nearly as prescriptive as those set out in the Bill. I hope that the Minister will give his assurance that the current interpretation of the Bill means that statutory guidance from the Electoral Commission—when it comes forward—will require the imprint in almost every circumstance to be on the image or post, unlike in Scotland. It is really only on platforms such as Twitter, where there is a character limit, that it can be considered not to be practicable to put the full imprint. In addition, I hope he will confirm there will be an expectation that the forwarding of posts will require either the full original imprint to be included or a new imprint to be placed on the material. There will also, I understand, be rules put in place for when and how long material must be retained for inspection.
Secondly, banning foreign actors is sought by Amendment 61. The noble Baroness, Lady Scott, and the noble Lord, Lord True, prayed in aid the new £700 limit and the imprint requirements at our meeting at Committee stage, but neither of them addressed the loopholes which will still exist where multiple identities can be created. This is where both Ministers’ statements were inadequate. The new amendment no longer covers British overseas electors, so I hope the Ministers come up with better assurances in this area. There is some consolation in the provision to review the operation of the Bill, but it is important at this stage—at this stage, not later—to take a view whether they are sufficiently watertight as regards foreign actors. This is an area where the Intelligence and Security Committee and the Committee on Standards in Public Life advocated much stronger controls.
Thirdly, Amendment 62 would require promoters to establish advert libraries for digital campaign adverts placed, while Amendment 60 would require detailed information about expenditure on digital campaign material. Here, the main government argument seems to be that the social media platforms that take political advertising—i.e. not Twitter—are keeping libraries already and are different in character, so it would be inappropriate to have a one-size-fits-all regulation. But at the same time, the noble Lord, Lord True, sought to assure me that several important recommendations of the Committee on Standards in Public Life and the Electoral Commission, including those relating to advert libraries and more detailed information on invoices, are still under consideration by the Government. Given the timing of the introduction of this Elections Bill, surely it is high time for the Government to have made a clear decision. What is the state of play here, in terms of a decision having been made on those recommendations?
The fourth area is that of misinformation and disinformation, starting with my Amendment 65 to criminalise false statements about election integrity, which is designed to see what direction the Government are planning to take. As I outlined in Committee, a whole host of Select Committees and the Committee on Standards in Public Life have made recommendations in this area. This has particular relevance in the context of the Ukraine invasion and Russian behaviour in the digital space for many years now. As former President Obama said in a recent interview with The Atlantic magazine,
“if you ask me what I’m most concerned about when I think back to towards the end of my presidency… that is the degree to which information, disinformation, misinformation was being weaponized. And we saw it. But I think I underestimated the degree to which democracies were as vulnerable to it as they were, including ours”.
And the director of GCHQ, Sir Jeremy Fleming, made a strong point about values in his recent speech in Australia. As he said,
“we must make sure that we stay true to our values, those that have made our systems and democracies so successful and will do so in the future too”.
A recent Ofcom study has revealed that 30% of UK adults who go online are unsure about or do not even consider the truthfulness of online information. A further 6%—around one in every 20 internet users—believe everything they see online.
There is, of course, crossover with the Online Safety Bill. I was grateful for the presence of the noble Lord, Lord Parkinson, at our meeting, where he gave some assurance about the operation of the Bill and the powers of Ofcom regarding the design features of social media platforms and the way that their algorithms amplify misinformation and disinformation; about the adoption of the Law Commission proposals for a new offence of false communication; and about the workings of the counter-disinformation unit together with the Defending Democracy programme and the so-called Election Cell—which I was assured was not as opaque as it seems.
I do not expect the Minister to promise amendments ahead of the Online Safety Bill coming to this House, but I hope he will demonstrate a strong awareness of the importance of this aspect of digital campaigning. We will obviously return to this subject when the OSB comes into this House later in the year.
All that said, it is clear that in many of these areas the guidance and review of an independent Electoral Commission is going to be critical together with parliamentary oversight. Responsibility for elections has now transferred to DLUHC from the Cabinet Office but it is no more acceptable for the Secretary of State for Levelling Up to set the policy and priorities for the Electoral Commission than it is for the Cabinet Office.
Given the risk of skewing our political system in favour of the incumbent Government, it is all the more important we hold fast when the issue which we determined in the first group today comes back to this House. I beg to move.
Lord Hodgson of Astley Abbotts (Con)
My Lords, I have an amendment in this group—Amendment 59, previously tabled in Committee as Amendment 45B. The purpose of the amendment is very simple: it aims to increase transparency about third party campaigning by inserting this new clause, “Disclosure of status as a recognised third party”.
It is not concerned with the question of the imprints on electronic or printed material, which are, essentially, transitory—they come and go—and which are the target of the amendments from the noble Lord, Lord Clement-Jones, to which the Minister will reply in a minute. It is much simpler than that. It focuses solely on the homepage or the website, if it has one, of a registered third party campaigning organisation. If the amendment were accepted, the homepage of that registered organisation would be required to carry a statement along the lines of “XYZ”—the name of the campaigning organisation—“is a registered third party campaigner under Part 6 of PPERA 2000”, or similar wording.
The purpose behind the amendment is to ensure that individual members of the public viewing the website of a particular organisation are unequivocally, and at all times, made aware that the organisation is an active political campaigner. I have never suggested that this is going to bring about any radical change, but by increasing transparency about who is doing what to whom, it follows the direction of travel that the Government have said underlies the Bill.
In his reply in Committee, my noble friend the Minister was rather encouraging when he said:
“On the specific amendment of my noble friend, while the Government entirely agree with the principle that the public should clearly be able to identify recognised third parties, I can reassure the noble Lord that the current rules, supplemented by new rules in the Bill, will provide for that.”—[Official Report, 17/3/22; col. 477.]
He went on to say he wanted to go away to consider it further and asked whether I would withdraw my amendment, which I duly did.
At that point, my noble friend took the trouble to write to me. By this stage, I am afraid his remarks were rather less encouraging. He went on to say in his letter on 4 April:
“I … wanted to reiterate the Government’s position on your proposal to require registered third parties to disclose their registered status on a prominent place on their website, where they have a website … The Government entirely agrees it is right that third-party groups campaigning at elections should be transparent and clearly identifiable. Registered third party campaigners are already … listed on the Electoral Commission’s website, and the Elections Bill will introduce further requirements to ensure that any UK-based group spending over £10,000 registers with the regulator.”
If noble Lords read and consider that carefully, the outcome is quite different from that which would be achieved if my amendment were implemented. Yes, there will be rules about imprints on digital material, which might be strengthened by the amendments of the noble Lord, Lord Clement-Jones, if they were accepted, but unless a member of the public is visiting the organisation’s website because he or she has just received some imprinted material with a digital imprint on it, there will be no way of knowing whether or not the organisation in question is a registered third-party campaigner.
Lord Collins of Highbury (Lab)
My Lords, we had a lengthy debate on this in Committee and I accepted what the noble Baroness the Minister said at the time, that actually the requirements in the current law will be strong enough to ensure that the principle that we all want—greater transparency—will be applied. Certainly, I accepted that and understood it, because I think we all shared the concern that “reasonably practicable to comply” could be a huge loophole and she assured us that that would not be the case. We also discussed in Committee the fact that the industry itself, the online industry, had produced the means to ensure greater transparency. I made reference to the Adobe briefing, which I think is really important. I think we are all at one in terms of what is required.
On the amendment of the noble Lord, Lord Hodgson, I agree with him completely that it is again providing the means to ensure greater transparency. Certainly, from these Benches, we support his amendment and if he decides to divide the House, we will support him.
Lord True (Con)
My Lords, the Elections Bill, let us not forget, will introduce one of the most comprehensive digital imprint regimes operating in the world today and I submit to your Lordships that whatever shortcomings they may feel, or however much further they want to o’erleap the ambitions of the Government, these proposals are about increasing transparency for voters and empowering them to make informed decisions about the material they see online. As the noble Lord, Lord Collins, said, there is much agreement on that point, but we cannot, I fear, support Amendments 58, 60 and 62 in the name of the noble Lord, Lord Clement-Jones, because they do not, in our submission, strike the right balance between increasing transparency and proportionate regulation of campaigning, while Amendments 61 and 65 would be highly difficult to enforce and would risk unduly stifling online campaigning and free speech, although I concede to the noble Lord that this matter will be further debated in the Online Safety Bill.
Regarding Amendment 58, it will not always be practical to display the imprint as part of the digital material itself; for example, as noble Lords have said, in a text-based tweet, where there is a strict character limit. This amendment would not give campaigners the limited, yet crucial, level of flexibility afforded by the Government’s regime and would thus risk unreasonably hampering their ability to campaign on some digital platforms. The above reflects the carefully considered and pragmatic approach we have sought to adopt. I know the noble Lord’s concerns; I appreciated the discussion we had and I understood where he was coming from. The perceived permissiveness of the guidance surrounding the Scottish digital imprints regime, in so far as it created a perceived loophole, was worrying him. I am pleased to confirm on the record here, as I said privately, that our regime will not operate in the same way.
The digital imprint regime that applies at elections in Scotland does not specify requirements regarding the location of the imprint, which is why the Electoral Commission’s guidance in Scotland was not prescriptive in this respect. However, our new regime does provide the necessary specifics on the rules regarding the location of the imprint. Campaigners will be required to ensure that their imprints are displayed as part of the material. Only when this is not reasonably practicable—this touches on my noble friend’s amendment—may the imprint be located elsewhere, but it must still be directly accessible from the campaigning material. Those who do not comply will be committing an offence. Furthermore, the statutory guidance we are proposing as part of our regime will provide practical directions to campaigners on how to follow the rules, including regarding the location of the imprint. This guidance will be subject to parliamentary approval, meaning that parliamentarians will be able to ensure that it provides sufficient clarity for campaigners to comply with the rules. I hope the noble Lord will be reassured by those points.
On Amendment 60, candidates and registered campaigners already have to detail their election spending in their returns and provide invoices for payments over a certain amount, including in relation to digital campaigning. These are then made available for public scrutiny. The Government have explained that this requirement on campaigners to submit more detailed invoices or receipts about digital activity would need to be looked at carefully, as the detail provided is determined by the suppliers themselves, not the recipient. It could therefore prove difficult and burdensome for campaigners to comply with these additional requirements.
Similarly, Amendment 62 would require all campaigners promoting paid political advertising, and not the online platforms, to maintain a library of those advertisements, with specified information, for at least 10 years. I understand where the noble Lord is coming from, but we have explained that in our view this risks adding an unreasonable burden on campaigners, particularly smaller groups that rely on volunteers, or groups that are established only for the lifetime of a particular campaign. It is also not clear that there is a sufficient case for regulation in relation to political advert libraries, given, as the noble Lord acknowledged, that major platforms such as Facebook, Google and YouTube already make available libraries of political advertising that they host.
My response to Amendment 61 will focus on paid-for political advertising, as defined by Clauses 41 and 42, rather than other electronic material, as defined by Clauses 43 and 44, given that other electronic material is relevant only to UK-based entities anyway, with the exception of registered overseas electors who have also registered as third-party campaigners. The Government agree with the principle that there should be strict limitations on ineligible entities overseas spending money campaigning during UK elections, including on digital advertising.
Clause 25 will already remove the scope for any legal spending by foreign or otherwise ineligible third-party campaigners above a £700 de minimis limit. This is a huge reduction, given that those same actors can currently spend up to £20,000 legally during the regulated period in England, or £10,000 in Scotland, Wales or Northern Ireland. Further to this, by requiring an imprint on all paid-for electronic campaigning material, regardless of where in the world it comes from, the digital imprint regime will already greatly improve transparency of political advertising from overseas actors. For any material that is published in breach of the imprint rules, the enforcement authorities are able to require the relevant social media platform to take down the material.
Strict controls on spending and clear transparency about origin are essential. But I cannot agree to a fast-considered and potentially disproportionate blanket ban on all political material from foreign actors within scope of the digital imprint regime. We would need again to examine carefully the implications and practicalities of enforcement and restrictions on freedom of speech to avoid any risk of unintended consequences.
I turn to Amendment 65. The Government remain concerned that this amendment includes no reference to intent and that the proposed new clause, as drafted, could criminalise unintentionally false statements. It could, therefore, be very broadly applied. It could also discourage people from raising any legitimate concerns for fear of a statement being considered false. This offence could potentially provide broad powers to clamp down on anyone who expresses genuine concerns about the process of an election. Overall, we believe that this clause could have unintended but potentially severe implications for freedom of speech.
I reassure the noble Lord that the Government take electoral disinformation and misinformation very seriously, but we believe that these are best addressed through non-legislative measures, such as the counter-disinformation unit to which the noble Lord referred and which was explained during our debate in Committee. Any regulation must be balanced with the need to protect freedom of expression and the legitimate public debate which is crucial to a thriving democracy.
The response on the face of the noble Lord, Lord Clement-Jones, is one of disappointment, but I thank him for his amendments. I hope that I have brought some clarity to the questions raised. I hope he feels able to withdraw Amendment 58, although I acknowledge that he will pursue certain matters on another Bill.
Finally, I turn to Amendment 59, tabled by my noble friend Lord Hodgson. The Government entirely agree that it is right that third-party groups campaigning at elections should be transparent and clearly identifiable. This is why the digital imprints regime will require recognised third-party campaigners to declare who they are when promoting relevant online campaigning material to the public, including but not limited to their websites. Where third-party campaigners use their websites to campaign, as defined by Clause 43, an imprint will be required. Promoters will be required to ensure that the imprint—or access to it—is retained as part of the material, if it is moved on. Where promoters comply with the digital imprint rules by adding an imprint in material displayed on their website, the imprint will be visible for as long as the material is available to the public online and remains in scope of the rules.
I know that my noble friend is not convinced that it is sufficient that third-party campaigners are already publicly listed on the Electoral Commission’s website. We believe that the current rules, supplemented by the new digital imprint rules, will provide increased transparency and identify recognised third parties. There are specific problems about the construction of this amendment, which I have discussed with my noble friend. As currently drafted, the amendment would create a new offence but does not specify a penalty for its commission or any statutory defences against the charge. Further, and I am sure this is entirely inadvertent, the amendment is drafted such that any website owned and operated by a recognised third-party campaigner—for example, a large charity which might have many different websites—would be captured, even if it were unrelated to the campaigning activities for which the third party is registered. It could lead to a disproportionate application of criminal liability. These proposals would need further discussion with third-party campaigners and potential enforcement authorities. Digital regulation is a complex area. Few have thought about it more than either the noble Lord, Lord Clement-Jones, or my noble friend. But these digital imprint provisions were consulted on publicly—twice.
My noble friend is not entirely enamoured of the letter I wrote to him recently to assure him that the Government will continue to keep the transparency of digital campaigning under review. I underline this commitment. I assure my noble friend and the House that I will ask my officials to engage with the Electoral Commission to consider whether my noble friend’s proposal could be included as best practice for third-party campaigners, which the House has agreed to secure, in the commission’s guidance.
With these assurances, I hope that the noble Lord, Lord Clement-Jones, will feel reassured to some degree by the clarifications that I have been able to give and withdraw his amendment.
Lord Clement-Jones (LD)
My Lords, I thank the Minister for his response and for engaging rather more carefully with the arguments this time around than the noble Baroness, Lady Scott, did with her script in Committee. It was important to address some of these issues. The Minister’s reply was disappointing but expected. He used the word “disappointing” as well.
For a moment, I thought that his speech on the amendment from the noble Lord, Lord Hodgson, was going to have a “not invented here” quality. Actually, it was a game of two halves. Suddenly, the clouds seemed to part slightly. I am sure that the noble Lord, Lord Hodgson, is used to being given assurances from the Front Bench. He will, no doubt, pursue them.
I thank the noble Lord, Lord Collins, for his remarks. Of course, transparency is the essence of what the principle within digital campaigning should be. The Minister’s clarification on the imprint aspect was helpful. The position is different from that in Scotland. I hope that this will be followed up in the statutory guidance to which he referred.
I am disappointed that the Government seem to be torn between saying that the other transparency provisions for advert libraries and invoices are disproportionate yet, at the same time, they are still considering the proposals from the Electoral Commission and the Committee on Standards in Public Life. They are taking an awfully long time to consider these aspects. Obviously, we differ as to whether or not they would be an unreasonable burden on campaigners.
There is a clear difference between what the Minister and the Government seem to be saying about the practicalities of enforcing the strict limits on foreign expenditure and the concerns of the Intelligence and Security Committee. This is not the place to pursue either this or the aspect of electoral misinformation. I was trying to draw out the Minister’s intentions about misinformation and disinformation. It was helpful to have some indication that the Government see the Online Safety Bill as a way of dealing with some of the systemic aspects of misinformation on social media platforms. We will return to this when the Online Safety Bill comes before us in the autumn. I beg leave to withdraw my amendment.
“Disclosure of status as a recognised third party
(1) Section 89 of PPERA (Register of notifications for purposes of section 88) is amended as follows.(2) At end of heading insert “and third party disclosure of registered status”.(3) After subsection (4) insert—“(5) During a period in which a notification under section 88 is in effect and the Commission has entered details of the notification on the register in accordance with this section, a third party shall disclose its status as a recognised third party in a prominent place on the homepage of its website.(6) For the purposes of subsection (5), a reference to a third party's “website” means any part of a website relating to that third party which that third party has caused or authorised to appear.(7) Subsection (5) shall not apply where a third party does not have a website within the meaning of subsection (6).(8) A person commits an offence if, without reasonable excuse, they contravene subsection (5).””Member’s explanatory statement
This amendment requires registered non-party campaigners to disclose their status as such on a prominent place on their websites, so as to increase transparency for the public.
Lord Hodgson of Astley Abbotts (Con)
My Lords, like the noble Lord, Lord Clement-Jones, I am disappointed by my noble friend’s response. His support in principle has been lost in a series of technical issues. Instead of seeing how we could make this happen, he has fallen back on “penalty not specified” and “technical problems”. This is a shame, bearing in mind that this is about transparency. Its purpose is simple. It does not impose any significant bureaucratic burden on anybody anywhere. He has given a fig leaf, a quarter of a loaf, a few slices of bread in his undertaking to make sure that the Electoral Commission is brought into play in looking at this whole problem. This is so that we do not have a situation where people could pop on and off the website: when they are issuing digital imprinted material they put their name on the website and when they are not doing so they take it away again so people cannot see whether they are campaigners or not.
I hope my noble friend will make sure the feet of the Electoral Commission are held to the fire on that. I am not about gesture Divisions so, with that assurance, I beg leave to withdraw Amendment 59.
The Deputy Speaker (Baroness Fookes) (Con)
My Lords, it is not possible to withdraw at this point; I must technically put the question. No one has thereafter to vote for it if they do not wish to do so.
The question is open now, so the noble Lord may withdraw if he wishes.
Baroness Hayman of Ullock
“Permissible donors
(1) Section 54 (permissible donors) of PPERA is amended as follows.(2) In subsection (2)(a), after “register” insert “at the time at which the donation is made, but not an individual so registered as an overseas elector”.”Member’s explanatory statement
This new Clause would prevent overseas electors donating to political parties in the UK.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Wallace of Saltaire, and the noble Baroness, Lady Bennett of Manor Castle, for their support. This amendment would prevent overseas electors donating to political parties in the UK. We had quite a debate about this in Committee so I will not go over all the points, but I want to talk about the reasons behind our concerns and to raise a few key things.
We are concerned that the change to remove the 15-year limit on registering overseas electors creates a loophole in donation law that would allow wealthy donors unlimited access to our democracy and the opportunity for unprecedentedly large donations. We do not believe that foreign donors should be allowed to financially influence our democratic processes; that right should be reserved for citizens who actually live in this country. The Electoral Commission recommended introducing new duties on parties to enhance due diligence and risk assessment of donations based on existing money laundering regulations, which would protect parties and build confidence among voters, so that sources of party funding would be thoroughly and properly scrutinised.
We are therefore disappointed that the Bill does nothing about this and does not bring in what is urgently needed—an effective regulatory and enforcement regime to ensure that foreign money and dark money cannot enter our political system through donations to political parties. We have tabled Amendment 63 to protect our democracy from this foreign money, which we know is already impacting our politics. Concerns about how our democracy is being influenced by malign foreign influences has been highlighted already in the Russia report. That was debated at length in Committee, so I will not go into that any further, but it provides a clear example and concern.
Our fear is that the Government have, potentially inadvertently, created a system vulnerable to overseas interference. It allows a person to call up any or every local authority to say they were resident in the area 30 or 40 years ago with pretty flimsy proof and then be able to be registered and donate enormous sums of money. That is our key concern. When this was debated in Committee, the Minister said that if you have the right to vote, you should have the right to donate. Although I understand entirely the principle behind this, it does not address our very real concerns. If I am not satisfied by the Minister’s response that there is genuine recognition of this concern and that action will be taken by the Government to stop this potential foreign influence on our elections and political parties, I will wish to divide the House.
Lord Wallace of Saltaire (LD)
My Lords, my name is on Amendment 63. I strongly support it and I trust the House will give it its support. The absence of any detail from the Government on how they will implement the idea of overseas votes for life is quite remarkable. There is nothing on how they would check the bona fides of expatriates claiming to be citizens and to have lived in particular UK constituencies, perhaps half a century ago, in contrast to the proposals to tighten domestic identity checks. There is nothing on new measures for getting ballots out to these new voters and returning them in the span of our short campaigns. From the hundreds of messages I have had from expatriate voters, that is one of the issues about which they are most concerned: how difficult it is to get the ballots out or get them back. There is nothing on the current distribution of overseas voters in constituencies or how the expansion might affect the current balance of our constituencies in terms of size and the equalisation of the numbers of voters in each. The Government do not know what the current distribution of voters by constituency is—at least, the Minister did not when I submitted the Written Question to him—or how overseas voters are distributed by overseas countries or how many would be likely to register.
In these circumstances, one has to conclude that the Government’s main objective in extending expatriate votes for life is to tap wealthy donors who long ago moved abroad to avoid paying UK tax to increase the structural advantages from which the Conservatives already benefit in funding electoral campaigns. All the amendments in this group address the huge question of how to maintain a level playing field in the financing of political campaigns. This is one of the many issues on which the Bill falls short. Noble Lords will recall that the Committee on Standards in Public Life published a substantial report on political finance last summer, just two days after the Government had published the Elections Bill. The Government have made no effort since then to incorporate its proposals into the Bill, in spite of introducing a number of other significant amendments.
We all recognise that uncontrolled flows of money into political campaigns can unbalance and corrupt democratic politics. We see the extent to which American politics has become the plaything of the super-rich. Noble Lords may have noted that in the last three months of 2019, in the run-up to our last general election, two-thirds of the money reported by the Electoral Commission to have been contributed to UK parties flowed to the Conservatives. Quite possibly, as much again flowed to the think tanks of the right, including from non-UK citizens in the USA and non-democratic states. We are drifting closer to the American situation, with the difference that only one of our major parties has easy access to large-scale donors.
As other amendments in this group suggest, we need a broader review of political funding than the Bill permits. Amendment 63 thus offers a stop-gap measure. Those who have moved to Monaco, the Channel Islands, the Isle of Man or Caribbean tax havens to avoid paying UK tax should not be permitted to bias our domestic politics by funding political campaigns. Yes, we should allow them to vote as citizens. But we have learned from flows of money from Russia and right-wing foundations in the USA that the buying of influence over British politics from overseas undermines the level playing field that democratic campaigns depend on and that I hope the Minister still supports. It also corrodes trust in the integrity of our democratic process. I regard Amendment 63 as an important stop-gap measure until, perhaps, a different Government tackle the question of political finance and its regulation. I hope the House will support it.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a pleasure to follow the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Wallace. They have already very clearly outlined Amendment 63, to which I attached my name, so in the interests of time, I will comment just on Amendments 66 and 68 in my name. These are advances, derivations or different approaches that arose from the debate we had on these issues in Committee. As the noble Lord, Lord Wallace, just said, I would not necessarily suggest that these are the complete answer—although Amendment 68 certainly takes us in the direction that he referred to of reviewing our current situation—but they are an attempt to raise the issues and continue the debate from Committee.
I begin by noting—I owe this to the Forbes website—that a superyacht costs on average about $275 million. I cannot personally attest to that, but we can take it as a ballpark figure to start with; of course, there are probably quite a few going second hand at the moment, which might make them a bit cheaper. This is a demonstration of the fact that, in our current economic system, with the corruption and extractivism, we have people in the world who have access to massive sums of money. Amendment 63 and most of the debate around this have focused very much on foreign influence. Indeed, the noble Lord, Lord Wallace, talked about bringing influence over our democratic politics. But what my Amendments 66 and 68 do is ask: why should any individual, wherever they reside, have that kind of influence over our democratic politics?
If we look at what a typical political party—one of the two largest parties, or perhaps particularly the party that draws the most funds, as the noble Lord, Lord Wallace, said—spends on a general election, it is about 10% of the cost of a superyacht. It is not quite small change down the back of the sofa for the oligarchs, but it is not a really large amount of money. I asked in Committee what would happen if one of our existing political parties or a new political party drew all its funding from one source—one highly questionable source or any source at all. For example, we have just had the French election, and the far-right candidate, Marine Le Pen, who got more than 40% of the vote, got a very large loan from a Hungarian bank linked to President Putin. If noble Lords want to see how this plays out in Australian politics, they might like to look at the role of Clive Palmer in the election going on now, since I raised that issue in Committee.
This amendment developed from the Committee work. Of course, we do not have exact parallels to the two examples I have just cited in the UK, although I note, looking back over the past decade or so, that in the run-up to the 2010 election, Lord Ashcroft donated about 20% of the money that the Conservative Party spent in preparing for and running that election campaign. In 2021, the Conservative mayoral candidate, Shaun Bailey, received about 40% of his funding from the same source. I am not in any way casting aspersions on those cases; I am merely asking what happens to our politics when one person is hugely influential and a party is dependent on that one person.
Amendment 66 is an attempt to say that there should be a limit on how much one person can influence a political party. I came up with the figure of 5%, which I think is a reasonable estimate. This was debated at some length with the noble Earl, Lord Howe, who is not in his place today. He said that he would go away and think about whether one person should be able to donate 100% of the cost of an election campaign for a party or major character. I give notice to the Minister that I raise that question again. The noble Earl said he would go away and reflect on what the maximum percentage should be; maybe the Government do not think my 5% figure is right, but do they really believe that 100% of the funding for a political party’s campaign for a general election should be able to come from one source? Maybe they think it should be 50% or 25%. I give the Minister fair warning that if I do not get an answer to that, I will be bouncing back up again. I am sure that, if they engage with Amendment 66, the Government are likely to say that this might be drafted differently. I have attempted to address some of the main issues. I will not push this to a vote. I do not believe that I have necessarily found all the answers here, but there is a really important question that needs to be asked about whether we should limit anyone’s, not just foreign residents’, percentage of influence over our parties.
Some will say that we have rules about declaring donations and, providing they are followed—your Lordships’ House did its best earlier to keep an independent Electoral Commission overseeing that—voters can use that information to influence their choice. However, even if it is all open and transparent, voters have many reasons to make the choices that they do. Elections do need to be funded, which is why I have put down Amendment 68, which would require a 12-month consultation on public funding of political parties. This very much draws on the amendment the noble Lord, Lord Sikka, tabled in Committee and on which, unfortunately, due to the hour, we did not have time to have a full debate. None the less, the noble Lord put forward—as he has again in an amended form here—a proposal for how to do this and get state funding of political parties. We could have lots of debates about the nature of that and the way it should be done, so rather than do that, I have put down this amendment for a review.
I will stop there, but I remind the Minister that I will be asking him if he thinks that 100% of the funding for a campaign should be able to come from one source.
Lord Grocott (Lab)
My Lords, I strongly support my noble friend’s amendment, although I do not think it goes to the source of the problem. The source of the problem is the massive increase in the electorate contained within this Bill. We know from the impact assessment and I know from written replies I have had from the Minister that it increases the electoral roll of people living abroad—many of whom have lived abroad for decades—from around 1 million to 3.3 million, an increase of 2.3 million names. I remind the House that these will overwhelmingly be people who have lived abroad for more than 15 years—for many, 50 or 60 years —and who have no reasonable expectation of ever returning to this country. The Bill makes it easier for this registration to persist as, once on the register, names now remain for three years as opposed to one year previously, and you can get on the electoral roll by the process of attestation—in other words, providing you can get someone to attest that you lived at 22 Station Road 60 years ago, even though 22 Station Road has been demolished and you have not been back since, and that you are a bona fide former resident of the United Kingdom.
To me, that is wrong in principle, but I shall also apply it at a constituency level—the noble Lord, Lord Wallace, raised this and I can give him some of the answer. Under the present system, with the 15-year rule on residence that is allowed, in London and Westminster, 2.43% of voters at the last election were overseas voters. Let us assume that that increases by three, once these 2.3 million are added to the register. You could then have constituencies in the United Kingdom with 6,000 or 7,000 voters in an electorate of 73,000 who have no obvious connection whatsoever with the constituency in which they are voting. That, it seems to me, is wrong.
Whatever your view is, the absolute basis of our electoral system—which I cherish; I have to be controversial here by saying I am a powerful supporter of first past the post and single-member constituencies—is that representation, for a general election, is based on where you live. That is a very good basis for registration and voting, it seems to me. But, no, we are going to add 2.3 million people to the register who never lived in the country—not in recent memory.
In order to do this, the Government are spending some £15 million. I wish that they would show the same anxiety and commitment on making sure that people resident within the United Kingdom and not on the register at present were added instead of spending £15 million on getting people to vote in individual constituencies—possible decisively, affecting the result—who simply do not live in the area.
I am very sorry that this Bill has extended the period of residence from 15 years to life. I hope that the Minister can improve on his answer when I raised this before; he asked what on earth is the basis for objecting to supporting a 15-year rule, which says that—I quote him loosely—if you have been abroad for 15 years, you can vote in an election, but if you have been abroad for 15 years and a day, you cannot vote in an election. That really is a thin argument; he really can do better than that. That applies to any boundary—why do we say people can vote at 18 but not at 17 and 364 days? We can all find numerous examples of how people draw boundaries.
The problem of overseas voting—and here I find myself agreeing with the Green Party, which I do not on every occasion—is that with the possibility of this initial problem, which is that you can vote however long you have been away from the country, you can also now provide funds for parties. It means, as has already been said, that, in theory, a party could be almost entirely financed by people living abroad with no intention of returning to the United Kingdom or of living with the consequences of their vote. That is the other crucial element in our democracy: you live to see the consequences of your vote. People who voted Conservative—I hope a lot of them vote Labour at the next election—bear some responsibility for what is happening in the country at the moment. It is not the same responsibility as the Minister, of course, but they have some responsibility. Of course, if you live abroad, vote from abroad, remain abroad and intend to remain abroad, then you do not live with the consequences of your vote.
I very much regret that, somehow or other, this massive extension of the franchise is in this Bill, without any compensating extension of the franchise for people in this country who are not on the electoral roll. I have seen no sensible, adequate defence of it so far. I am sure that the Minister will do his best, which he is bound to do, but we have made a step in our democracy that violates the principle of representation by place of residence and adds the problem of enabling parties to be massively financed by people living and working permanently abroad.
Lord Sikka (Lab)
My Lords, it is a great pleasure to follow the noble Lords who have already spoken. I will speak briefly about Amendment 67. This amendment would require the Secretary of State to establish an independent committee to report on the creation of what I call a foundation for democracy, whose sole aim is to prevent the rich and corporations from directly funding political parties and hijacking the political system. Private money in our political system is a cancer, and the issue has not really been adequately addressed by this Bill.
In 1863, US President Abraham Lincoln visualised democracy as a
“government of the people, by the people, for the people”.
Some 160 years later, that remains elusive—we are light years away from it. Yes, people vote, but political power is increasingly concentrated in the hands of those who can fund political parties and get favour in return. Their preferences are prioritised.
Lord Cormack (Con)
Is the noble Lord not aware that Report is for short, sharp speeches, not this endless diatribe he is currently inflicting upon us?
Lord Sikka (Lab)
I am very grateful to the noble Lord for his observation. I am sure that members of the public would be quite interested to note that when an alternative proposal is put forward, it is called a “diatribe”. That kind of confinement of alternative, competing discourses to negative spaces does not do any good. But the message I want to get across is that there is a corrosive element at the heart of our democracy that can be dealt with only by ending the receipt of any private money by any political party.
Lord Rooker (Lab)
My Lords, the purpose of Report is to report back on things that were inadequately dealt with in Committee. Amendment 69, which I am speaking to, was inadequately dealt with in Committee. We had a debate and a very unsatisfactory answer, so I want to return to it—not at the same length as in Committee, but nevertheless in some detail that might make for uncomfortable listening for different parties in the House.
The idea is for risk assessment and due diligence policies to be used to control and look at procedures on political donations. What is the problem? Dirty money in the UK leaves parties exposed to malign influence, risks fostering dependence on the proceeds of crime and other dubious funds, and undermines the integrity of the electoral system. PPERA does not require UK political parties to run anti-money laundering checks on donors. In fact, there are no indications that parties do robust checks on the source of donations, nor that parties reject donations after such checks have been made. As the UK’s anti-money laundering framework has been progressively tightened over the last decade—I pay tribute to the current Government on this issue, as I have done before—political parties’ minimal checks have become an increasingly glaring anomaly. Examples from the media suggest that if parties check the source of donations at all, they are inadequate and fail to prevent the flow of tainted money into UK politics.
The Electoral Commission has argued since 2018 that risk management principles from anti-money laundering checks by businesses could apply to election finance. In July 2021, the Committee on Standards in Public Life recommended that parties have anti-money laundering style procedures to determine the true source of donations.
How would Amendment 69 address the problem? It would update PPERA to require parties to develop and publish reasonable and proportionate risk-based policies for identifying the true source of donations above £7,500—we are not looking at small donations here. Parties would need to have reasonable and proportionate risk assessment and due diligence controls and procedures in respect of those policies, as provided for in a statutory instrument. For any donation or an aggregate amount exceeding £7,500, parties would need to undertake enhanced due diligence checks, with a simplified process thereafter. Donors giving over £7,500 would need to declare whether their business is in a high-risk sector, which is defined in the amendment, and whether they have been under formal investigation or convicted of certain offences. Parties would need to include a statement of risk management in their annual accounts identifying that.
What have the parties done about due diligence checks on donations? The Committee on Standards in Public Life’s report, Regulating Election Finance, identified broad support for exploring anti-money laundering style regulations from the Liberal Democrats, Labour and the Scottish National Party. Both Labour and the Liberal Democrats agreed that there was merit in exploring this style of regulations but that it would be important to think about how the process would work and the administrative workload involved. The Conservative Party told the Committee on Standards in Public Life that it thought that current regulations for donations were sufficient.
In their response to the Committee on Standards in Public Life’s recommendation that parties should have procedures in place for the true source of donations, the Government said that
“it is very important to balance the need for parties and other campaigners to generate funds against the cost of actually carrying out checks on donations, to ensure they come from permissible sources. We think the current rules are proportionate and achieve this balance.”
When a version of Amendment 69 was debated in Committee—it was rather longer; it is still long but it has been tightened up a bit—the noble Earl, Lord Howe, said that
“all we can do is keep the rules under review. I am suggesting that in this particular area, the balance is about right.”—[Official Report, 28/3/22; col. 1378.]
Let us look at the balance: due diligence checks would be a relatively low administrative workload. If due diligence checks had been required on donations above £7,500 in 2021, the Liberal Democrats would have conducted checks on just 11% of donors, or 72 donations out of 642; Labour on 25%, or 133 out of 536; the Greens on 29.2%, or 19 out of 65; and the SNP on 63%, or seven out of 11. This means that, at most, Labour would have had to do checks on one donation every 2.7 days over the course of a year, and the Liberal Democrats would have had to do one check every five days. Obviously, because some donations come from the same donor, it would probably be less frequent than that.
Now we come to the Conservatives; no wonder we get complaints from the Tory Benches about what is being said. I apologise to the noble Lord, Lord Cormack, but that was a very unfortunate intervention. The Conservatives would have checked 51.5% of donors— 457 donations out of a total of 887 were of £7,500 or more. Of course, this reflects their greater resources, with donations of almost £19 million in 2021—around double what Labour received.
I have three examples of potentially suspect donations. I gave a lot more in Committee, and I stand by them all; they are all there on the record. All major political parties have accepted potentially suspect donations from individuals and companies that were under investigation or later found to be involved in economic crime. The media has reported on a catalogue of such donations, with Spotlight on Corruption providing most of the information. The Conservatives received £2 million in cash donations from Lycamobile, a company whose premises were raided by French authorities in 2016 on suspicion of money laundering, leading to the arrest of the company’s directors. Despite evidence emerging in 2015 that Lycamobile employees were dropping off rucksacks full of cash at post offices across London, the party took a further £587,000 from the company until July 2017.
Lord Butler of Brockwell (CB)
My Lords, I have added my name to the amendment of the noble Lord, Lord Rooker, and I really need to add very little to what he has said. It is very difficult to see why there should be opposition to a requirement that political parties should have
“a reasonable and proportionate risk-based policy for identifying the true source of donations.”
The Government’s answer to this, which the noble Earl, Lord Howe, gave in Committee, is that there has to be a balance. It is clear, however, that where the balance is now is not satisfactory, because, as the noble Lord, Lord Rooker, said, there have been a series of donations to all political parties that have been not to the credit of the parties, not good for their reputations and not good for the reputation for cleanliness of our politics.
As I understand the position, the Government have not ruled out acting on the recommendations of the Electoral Commission and the Committee on Standards in Public Life, but regard this as a complicated matter—perhaps it is—and need more time to work on it. If the noble Lord, Lord Rooker, seeks to test the opinion of the House, I will support him. I would be gratefully comforted, however, if not only the Minister but the spokespeople for the other political parties said tonight that they duly take this issue seriously and regard donations from foreign sources and people who want to influence our politics in an unhealthy way as a growing danger to our politics. If the spokespeople for the parties and the Government will say that they take this seriously, and the Government do not rule out acting on the recommendations of the Electoral Commission and the Committee on Standards in Public Life in due course, I will be very comforted.
Lord True (Con)
My Lords, I was thinking that others would wish to intervene, but that does not appear to be the case.
These are important amendments, but I shall not encourage anyone to think that the Government will accept them. The context is a shared concern about dirty money, a phrase that the noble Lord, Lord Butler of Brockwell, used. I do not think any Government have been stronger in response to the Russian invasion, or in bearing down on oligarchs, than this Government. However, following our robust debate in Committee, I am pleased that we are again returning to this important issue of political donations. I do listen to contributions of noble Lords and these debates will certainly serve as a key reference point for the Government as they keep rules on political donations under review, to ensure that they continue to provide an effective safeguard that protects the integrity of our political system. In that context, the Bill bears down very heavily on foreign donations and makes them much harder.
Turing to the specific amendments tabled by the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Rennard, Amendment 63 would remove the rights of overseas electors to make political donations. Amendment 69B would place a £7,500 limit on any donation or series of donations from overseas electors. I fear that many will not be surprised when I reiterate that the Government cannot support these amendments, as we intend to uphold the long-standing principle, first introduced by the Committee on Standards in Public Life itself in 1998, that if you are eligible to vote for a party, you are also eligible to donate to that party. These amendments would overturn that principle by removing the right of overseas electors to donate. Overseas electors are British citizens who have the right to vote and, despite what the noble Lord, Lord Grocott, said, the Labour Party has acknowledged that for many years. They are reasonable participants in our democracy. Furthermore, due to the interaction of Amendment 69B and the existing legislation, there would be no provision for either the return of donations exceeding the £7,500 threshold or the reporting of such donations to the Electoral Commission. This leaves a significant gap, which means that the amendment would simply not have the intended impact.
The Government do not support the proposal of the noble Lord, Lord Sikka, to which I listened carefully. It was fair for him to set out his case because he wishes to establish an independent committee to report on the creation of a foundation for democracy. The concept here, however, which is where agreement falls away, is that he submits that this body should be responsible for collecting all donations made to registered political parties and mandatorily allocating them based on membership and vote share at certain elections. The Government can find no justification for this amendment and believe it would place unreasonable restrictions on an individual’s freedom to donate to the political party of their choosing. It would go against the fundamental principle of allowing members of the public to get involved in our democracy by giving their support, be it at the ballot box, via a cup of coffee or via donations, to any party or parties that they choose.
Moreover, this proposal would risk disproportionately penalising smaller parties, which may not have such high levels of membership and vote share as the larger parties, but form an integral part of our democracy. Indeed, it is not clear to me how any new parties would emerge under the noble Lord’s system, as they would not be able to fundraise for themselves and would therefore struggle to get their message out to the public to encourage members to join and voters to support them in the future. The Government are therefore simply not convinced that there is a demand or evidence to support the noble Lord’s radical idea; nor do we think it necessary to establish an independent committee to come to this conclusion. Should other parliamentarians share the noble Lord’s view, the existing framework of parliamentary committees obviously provides an ideal place to consider the proposal further, so I urge the noble Lord not to press his amendment.
Next, I turn to Amendments 66 and 68, spoken to by the noble Baroness, Lady Bennett, and the noble Lord, Lord Sikka, which address a similar theme. Amendment 66 would seek to cap donations that any one individual or organisation can make to a political party to 5% of that party’s maximum campaign expenditure limit at the preceding election. This cap would apply to all donors, whether individuals or organisations, such as trade unions for example. What effect would it have on a large trade union donation?
Amendment 68 would require the Government to publish a report on proposals to establish state funding of political parties and limitations on private donations. In essence, the noble Baroness and the noble Lord are seeking the Government’s views on these two fundamental principles. I will underline our position.
First, fundraising is a legitimate part of the democratic process. Consequently, there is no cap on political donations to parties, candidates and other types of campaigner but, instead, strict limits on what they can spend on regulated campaign activity during elections. These maintain a level playing field in elections. In particular, the noble Baroness’s amendment has the potential to create a very uneven and complicated playing field. Under the proposal, each political party will have different amounts it can fundraise, given that spending limits are calculated according to the number of constituencies it contests. New political parties in particular, again, would be affected and this change could encourage quite unnatural growth, whereby new parties are incentivised to contest seats they have no intention of winning to give them a more competitive funding limit in the next cycle. I will not be drawn on what percentage of a party’s overall donation might be permitted because the Government simply do not accept that there should be such a percentage figure.
Secondly, there is absolutely no public support for expanding the level of public funding already available to political parties. The Government are not going to go down that road.
Finally, I wish to address Amendment 69, retabled by the noble Lord, Lord Rooker. This would introduce requirements, as he said, for registered parties to carry out risk assessments and due-diligence checks on donations. Only those with a legitimate interest in UK elections can make political donations and there are strict rules requiring companies making donations to be both incorporated and carrying out business in the UK. Parties must check that companies meet these criteria. It is also an offence to circumvent the rules through proxy donors—for example, an impermissible donor seeking to make a donation through a company that is itself a permissible donor. Political parties must already report all donations over a certain value to the Electoral Commission, which are then published online for public scrutiny.
The Government have heard the concerns that donors may seek to evade the rules and, in principle, the point of strengthening the system to provide greater levels of assurance on the sources of donations to ensure they are permissible and legitimate is important. Indeed, the Government recently published, ahead of introducing necessary legislation, the Corporate Transparency and Register Reform White Paper.
Reforms to Companies House will deliver more reliably accurate information on the companies register by introducing mandatory identity verification for people who manage or control companies and other UK-registered entities, providing greater powers for Companies House to query and challenge the information it receives, and introducing more effective investigation and enforcement powers for Companies House. This, in combination with a new power for the Companies House registrar proactively to pass on relevant information to law enforcement and other public and regulatory bodies, including the Electoral Commission, will indirectly support the enforcement of the rules on donations by providing greater confidence in the accuracy of the data held at Companies House, including when seeking information on UK-registered companies and other UK-registered entities that have made political donations.
The Government have not dismissed the fact that this is a significant area, which is why we are instituting these reforms to corporate transparency, but for the reasons I have outlined to the House on various amendments, I urge that noble Lords consider not pressing their amendments.
Baroness Bennett of Manor Castle (GP)
Before the Minister sits down, may I confirm what he said? I wrote down his words: “The Government do not accept that there should be a percentage limit.” On the percentage of contribution from one person or organisation to a political party’s campaign, would the Minister confirm that the Government believe it appropriate for 100% of the funding for a political party’s campaign to come from one source or organisation?
Lord True (Con)
My Lords, again, I think that is a false question. In our democracy an independent person is entitled to stand in a constituency, for a cause that he or she believes in, and may choose to fund that campaign. Nobody else may want to give any money. That would be an example of 100% funding of a campaign by a small campaign or individual. There are complexities here, and the fundamental position to stand on is that in free democracy, people should be able to make a contribution of whatever sort they choose, provided it is permissible and legal.
Baroness Hayman of Ullock (Lab)
My Lords, it has been very clear from the debate we have just had and the other amendments that have been discussed, as well as my Amendment 63, that there are some really broad concerns about political donations, electoral finance and the procedures and systems that underpin and manage this. I urge the Government to take away those concerns more broadly and consider how they may be addressed in the future.
In response to the noble Lord, Lord Butler of Brockwell, I thought I had made it really clear, both in Committee and in my opening remarks today, that we are very concerned about the potential for dirty money infiltrating and influencing our political system. If I was not clear, I am very happy to confirm that we do have those very deep concerns.
I thank the Minister for his very detailed response, but I disagree with him that the Bill makes it harder to make overseas donations. Instead, our concern is that part of removing the 15-year limit actually makes it easier for people from foreign locations to donate to our political system. We are concerned that often it allows very wealthy donors unlimited access to our democracy, through what we could see to be unprecedentedly large donations. That is our big concern with this and why we have put this amendment forward. To avoid that kind of outside influence in our democracy, the right to make those kinds of donations should be reserved for citizens actually living in this country.
As I say, I thank the Minister for his detailed response, but do not believe he has addressed the real concerns expressed by us and other Members who have taken part in the debate. Therefore, I wish to test the opinion of the House on my Amendment 63.
Baroness Hayman of Ullock
“Review and consolidation of electoral law
Within 12 months of the passing of this Act, the Secretary of State must publish a timetable for undertaking a wholesale review and consolidation of electoral law.”Member’s explanatory statement
This amendment would implement a recommendation of the House of Commons Public Administration and Constitutional Affairs Committee in its report on the Elections Bill.
Baroness Hayman of Ullock (Lab)
My Lords, our Amendment 64 looks to bring in one of the recommendations that came from PACAC around the consolidation of electoral law. The Elections Bill makes substantial changes to electoral law, but it does not tackle something that has been fundamentally and widely recognised: the need to consolidate the existing voluminous and fragmented body of electoral law. Amendment 64 aims to address this.
PACAC has done a number of reports on electoral law. In 2019, Electoral Law: The Urgent Need for Review noted that even the most professional agents can worry about falling foul of electoral law and the complexity that it currently contains, and that this provides serious risks and difficulties for electoral administrators. PACAC has been recommending for some time now that the Government should look at prioritising non-controversial consolidation of electoral law that can command cross-party support. Much of this would have cross-party support because we all recognise that this needs sorting out. Once that consolidation has been achieved, the Government should proceed to evaluate the effectiveness of electoral law more generally to see where we could bring in further reforms to make it more straightforward for those involved in it to manage.
I am aware that the Government agree in principle that electoral law needs consolidation but at the moment consider that there are more immediate challenges outside of the structures, which presumably is what much of the basis of the Bill before us is looking at. We agree with PACAC that electoral law needs looking at. It needs consolidating and, in many areas, it needs simplifying. We have tabled this amendment to ask the Government to look very seriously at this recommendation and to take some action on it, if not now then as soon as is practically possible.
Baroness Jones of Moulsecoomb (GP)
My Lords, I was delighted to sign this and could see from the Minister’s face that he was thoroughly in agreement that it is a very good move. It is a constructive suggestion of something that desperately needs doing. We are rushing to pass legislation in this final week or fortnight of the parliamentary Session, but this is an early request to the Government to include an election law consolidation Bill in the coming Queen’s Speech. It would be very practical and, as the noble Baroness, Lady Hayman of Ullock, said, it would have cross-party support, so it would be a rather nice note to start the new parliamentary term on.
A lot of the groundwork has been laid already. The Commons Public Administration and Constitutional Affairs Committee produced a report on this in 2019 and the Law Commission has done extensive work as well, which culminated in a 207-page report with 106 recommendations. That sounds a very practical document. The recommendations include consolidating and modernising our election law, which is currently spread across 55 Acts of Parliament and over 200 other pieces of legislation, most of which are derived from centuries-old rules and regulations.
Modern electoral rules would make the administration of elections more straightforward and more accessible to the public. Better democracy is better for everyone, as we have been saying all afternoon, but this will be particularly important for independent candidates and smaller parties, because at the moment they are navigating a minefield. There is always a risk of innocent mistakes.
I hope that the Minister will respond very positively to this and that we can look forward to supporting him wholeheartedly on a Bill in the next Session.
Lord Stunell (LD)
My Lords, I support this amendment. It is about as modest as it could be without doing anything. It is saying that there should be a review over the next 12 months, at which point the Minister should publish a timetable for undertaking a wholesale review and consolidation of electoral law. A senior civil servant commissioned with producing an amendment which kicked something into the long grass could hardly have come up with something better, so I very much hope that the Minister can accept.
Picking up one point that the noble Baroness, Lady Hayman of Ullock, made, the core of this is the complexity of existing legislation. It is not even that it fits together like a neat jigsaw. It is several different jigsaws which must be made to fit together to produce certainty by those who are conducting elections or participating in elections.
I draw the Minister’s attention to the fact that he has explained that what to some of us look like extremely threatening changes to the law proposed in the Bill have been described by him as simply clarification where things were uncertain or unclear or where people had come to different conflicting conclusions. That is the situation we are facing as far as all the legislation governing elections is concerned.
The noble Baroness, Lady Jones of Moulsecoomb, has already referred to the Law Commission’s report. The work is there; it is ready. The Electoral Commission, in its briefing to noble Lords this week, talked about the complexity and difficulties for campaigners, candidates and their agents in finding their way through the current forest of legislation and the difficulties that electoral registration officers have in interpreting how each bit might apply in particular circumstances. The fact is that, as amended or not, the Bill is adding another layer—a different jigsaw—with overlapping patterns and places which will make it more confusing to get through.
I notice that the Minister several times said, “Don’t forget that a lot of the people conducting elections are volunteers.” He did not add that, in many cases and particularly for agents, they are not volunteers at all; they have to be press-ganged into doing a very difficult and challenging job. They surely deserve to have a simple playbook in front of them which incorporates all the legislation that they are expected to have regard to and to take account of.
Having said “have regard to”, that was a key phrase in our earlier discussion. The difference between “consulting” and what the outcome of that might be and “having regard to” and what the outcome of that might be is central here. PACAC has produced a report which I would like the Minister to have regard to. CSPL has produced recommendations about consolidating electoral law, which I would like the Minister to have regard to. The Law Commission has produced a draft set of proposals, which I would like the Minister to have regard to. I do not want him to consult on all this; I want him to have regard to it and to get on with it.
In default of that, I strongly support Amendment 64, which gives him an escape hatch from confronting the issue I have put in front of him. All we are asking for is that, over the next 12 months, he draws up a timetable for undertaking a wholesale review and consolidation of electoral law. It could hardly be a lighter-touch amendment seeking to see this legislation consolidated as it should have been a long time ago. I hope that in the interests of clarification, which the Minister is so keen on, and in the interests of having regard to advice, he will proceed by accepting this amendment and taking a small step forward to improving the lot of agents and candidates across the country.
Viscount Stansgate (Lab)
My Lords, I rise to support Amendment 64, so ably moved by my noble friend. It is an inoffensive amendment. The reason I rise is to say that I look forward to the Minister’s reply, because in my bones I feel that the answer we are going to hear from the Dispatch Box opposite is that there is a reason why the Government cannot accept it. I look forward to hearing what that reason or reasons may be, because one would be hard put to object to anything so inoffensive; it does not even have a timetable. Nevertheless, I look forward to the Minister’s reply.
Baroness Scott of Bybrook (Con)
My Lords, the Government agree in principle that there is a strong case for the consolidation of electoral law, and we have noted the interest expressed in this Chamber and in the recent PACAC report. However, as previously noted in Committee, we must acknowledge that the process of consolidating electoral law will be a long-term project that will take significant consideration and policy development. It is not something to rush, and it is not something for which the Government should commit to firm deadlines in a timetable at this stage.
The changes brought forward by the Elections Bill are part of a large programme of work, which will include secondary legislation and practical implementation matters. As such, it is the Government’s view that the implementation of this work should first be completed before work on the consolidation of electoral law can begin. For this reason, the Government cannot support this amendment.
Baroness Hayman of Ullock (Lab)
My Lords, I always do my very best to be inoffensive, so it is nice to know that my amendment has been appreciated. It is good to hear from the Minister that the Government in principle support what we are trying to achieve with it. This may take a long time and it may be complicated, but it will be very worth while in the end and I encourage the Government not to throw this away and to keep it as something to be done in the near future, if possible. In the meantime, I beg leave to withdraw my amendment.
Baroness Hayman of Ullock
“Non-resident donors
Within the period of 3 months beginning with the day on which this Act is passed, the Secretary of State must make an order under section 43 of the Political Parties and Elections Act 2009 so as to bring section 10 of that Act (non-resident donors etc) into force.”Member’s explanatory statement
This amendment requires the Secretary of State to bring the provisions of section 10 of the Political Parties and Elections Act 2009, relating to non-resident donors, into force within 3 months of this Act being passed.
Baroness Hayman of Ullock
My Lords, this amendment was not tabled in Committee. This is the first time we have looked at it. It addresses recent concerns that have been raised around non-dom status and donations from non-doms. I thought it was important that this was acknowledged during our discussions on the Bill.
The Labour Party believes that non-dom status should be abolished. We have recently made that very clear. We believe that there should instead be a modern scheme for people who are genuinely living in the UK for short periods. We want to address the fact that we can have small group of high-income people who live in the UK and are able to access non-dom status. We do not believe that they should be able to continue to avoid paying UK tax on their overseas income for up to 15 years, as is currently possible with the system we have at the moment.
We believe we should look at the systems in other countries and put in place something similar that is suitable for our country. For example, Japan, France and Canada have much better systems in place, where genuinely temporary residents who are here for short periods would not pay tax on overseas income gains, but that would not be possible for those who are here much longer.
This would bring about a clear, simple system. If we look at what we are doing at the moment, the rules are around 200 years old. It also means that the domicile is passed down through people’s fathers. It seems extraordinary that we still work by those laws. Surely it needs to be properly looked at and considered. I understand that HMRC has to use four complicated flow charts just to determine someone’s domicile. We have been talking about simplifying electoral law; this is something else that clearly needs looking at and simplifying.
We think that a temporary tax regime for residents would work. It would provide some tax advantages, but only for short periods of time, unlike the way the system is at the moment. Fundamentally, we believe that if you make your home in Britain long-term, you should pay tax here on all your income.
We are also concerned that the current system prevents non-doms investing their foreign income in the UK, as bringing it here means that it then becomes liable for UK tax, so there is no advantage for them to do so. That means that non-doms who earn income in tax havens and other low-tax jurisdictions would face a large financial penalty if they attempted to bring that income here to the UK. We do not believe that this is good for business; we should be encouraging more investment in the UK through these wealthy people.
We are aware that the Government have a business investment relief scheme which is intended to fix this, but we do not believe that it is working properly. The latest figures show that less than 1% of non-doms invest their overseas income in the UK in any given year, and that cannot be good for UK business. In addition, if we made these changes, it would bring us into line with other major economies. The UK is one of the only large economies which has these arrangements. As I have said before, France and Canada, for example, have different regimes, as does Germany.
This issue needs serious consideration. The Government need to address it and the Elections Bill provides an opportunity to do so. I will be interested to hear what the Minister has to say in response. However, because this is such an important matter and it needs to be dealt with, if I do not hear from the Minister serious ways in which it can be addressed, I will consider testing the opinion of the House.
Lord Rennard (LD)
My Lords, elections and donations are about choice. People who have non-dom status choose not to pay their tax here and, while they have this status, they live abroad for more than nine months of the year. The fundamental question raised by this amendment is: should they be able to donate the perhaps millions of pounds which they save in taxes by being non-doms to a political party, for example, which might want to preserve that beneficial tax status for them? In other words, we might connect the two principles of being able to give millions to a party and benefit by not paying millions which other people might consider are owed in taxes.
There are a number of occasions in our debates when we say that what we are doing is asking the other place to think again. However, we are not, on this principle, asking the other place or even this House to think again. The legislation which said that non-doms should not be able to donate to political parties was passed by both Houses in 2009. So we are not asking anyone to think again; we are simply asking for the legislation, passed with the approval of both Houses, to be implemented. Since 2010, various excuses have been put forward as to why this has been supposedly difficult or impractical, even though it was approved by Parliament. Essentially, the excuse provided is that the HMRC says, “Well, all tax issues are confidential, so you can’t implement this”. However, a form of declaration accompanying any donation, saying, “I am not a non-dom, so I am entitled to donate”, might well suffice and fit the bill. If you were making a false declaration, that could be an offence.
However, I do not really accept the HMRC’s argument—or rather, the Government’s argument put forward on behalf of the HMRC. For example, when Parliament said that if you are a higher-rate taxpayer, you should not benefit from child benefit—which I think was a fair measure—you needed to sign a declaration to the HMRC saying, “Someone in this household pays a higher rate of tax, so I can’t receive child benefit”. Why, therefore, can you not sign a declaration saying, “Someone in this household is a non-dom and therefore cannot donate to a political party”?
This debate is really about some of the fundamental parts of the Bill. The extension of the right to vote beyond 15 years is not really going to extend voting rights for very many people. For the reasons I outlined at Second Reading and will not go through again, the postal vote system, needed by most people who vote overseas, is so slow that very few votes would count in a general election. However, through this Bill the ability to donate unlimited amounts of money is being extended to a lot of people, including non-doms. A little earlier today, when discussing a technical aspect of the Bill, the Minister kindly confirmed that the Government’s position is very much to maintain a level playing field at local constituency level and nationally. However, I do not believe that this is happening. This extension of the right to vote is more about the right to donate, and should not be applied to non-doms.
In December 2020, the Government said that they wanted to increase the national expenditure limits for political parties in a general election “in line with inflation”. In 2000, Parliament agreed that there should be a level playing field between the main parties in elections. The principle was very much that it had to be a level playing field, not that each of the parties should be able to spend up to £20 million. If we increase that £20 million limit, or thereabouts, by the rate of inflation since 2000, that is a 79% increase. Therefore, the national expenditure limit, if increased in line with inflation since 2000, would go up for the Conservative Party, for example, from almost £20 million to almost £36 million. Where is that extra £16 million going to come from? Much of it will come from overseas donors, many of whom are non-doms. I do not think that this appeals to the British sense of fair play, and it should not happen.
Lord True (Con)
My Lords, I fear that I am not going to be able to allow the noble Baroness to remain in her seat for the rest of the evening. The Government cannot agree to these provisions, which seek to bring into practice a provision from the 2009 Act regarding donations from non-resident donors. Noble Lords will recall that in Committee, my noble friend Lord Howe replied to the approach of the noble Lord, Lord Rennard, on this same uncommenced provision.
The Government’s position on the matter remains unchanged, but it is important briefly to place on record the reasons why. The Government have no current plans to bring into force the uncommenced provision, Section 10, regarding donations from non-resident donors. It would be extremely difficult to make the provision work, as the Electoral Commission warned in 2009 when the Bill was going through Parliament. The coalition Government, in which the noble Lord, Lord Rennard, was influential, did not implement it between 2010 and 2015. The fundamental issue is that it is not workable, given that an individual’s tax status is subject legally to confidentiality. It would therefore be difficult or even impossible for the Electoral Commission, political parties, which would face fines for this, and other campaigners accurately to determine whether a donor met the test set out in Section 10.
I acknowledge that the Labour Party has come forward. I do not wish to get into a debate about the Labour Party’s fiscal proposals—that is slightly outside the scope of the Bill—but I know that Sir Keir will send a thank you letter to the noble Baroness for having raised this issue. Our principle, basically, is that taxation is not the basis of enfranchisement in the UK. As a British citizen is able to vote in an election for a political party, they should be able to donate, subject to requirements for transparency in donations, which we have discussed. There is also a precedent whereby those who do not pay income tax rightly remain entitled to vote. A lot of low-paid people do not pay income tax, but they have a legitimate right to vote. I know that perceptions differ on this issue. I remind the House that on two occasions, in 2009 and 2013, the Electoral Commission warned about the practical implications of the policy. For these reasons, and because of the duty of confidentiality in taxation, which would have to be overridden by other legislation, the Government cannot support the noble Baroness’s amendment.
Baroness Hayman of Ullock (Lab)
I thank the noble Lord, Lord Rennard, for his support and for his excellent speech. I thank the Minister for his response, although I am sure he will not be surprised to hear that it is not a response that I am particularly happy with or happy to accept. This issue has concerned a lot of people in recent weeks and months, and the Government need to take the position of non-dom status very seriously and look at it again. On that basis, I would like to test the opinion of the House.
“Review of operation of Act
(1) The Secretary of State must, within the review period—(a) prepare a report on the operation of this Act,(b) publish the report, and(c) lay a copy of the report before Parliament.(2) In subsection (1), “the review period” is the period—(a) beginning with the fourth anniversary of the day on which this Act is passed, and(b) ending with the fifth anniversary of that day.”Member’s explanatory statement
This amendment requires the Secretary of State to prepare, publish and lay before Parliament a review of the operation of this legislation, not less than 4 and not more than 5 years after it receives Royal Assent.
Lord True (Con)
My Lords, I shall speak also to Amendment 69D. I believe both amendments are significant to the House and I hope it will reflect on their importance, because I know there are aspects of the Bill that have concerned Members on all sides of the House. The amendment establishes a statutory duty for post-legislative scrutiny of the Bill, something that has been asked for, certainly by the noble Baroness opposite.
We had believed, and I maintain, that it is standard practice to conduct post-legislative scrutiny of Acts following Royal Assent, but we have listened to the strength of interest in guaranteeing that scrutiny takes place which will go across the Bill and we have tabled this amendment requiring the Secretary of State to prepare, publish and lay before Parliament a review of the operation of this legislation, not less than four and not more than five years after it receives Royal Assent—in other words, in good time. We judge that this amendment supports the commonly shared aim of this House, and answers the recommendation made by PACAC, that the impact of the measures be assessed following implementation of the Bill.
The amendment also sets out that a report by the Secretary of State will need to be set before Parliament to allow debate and scrutiny of the operation of the Act, as your Lordships have asked. Amendment 69D is a minor and technical amendment necessary to state the territorial extent of paragraphs 25 and 26 of Schedule 1. I hope the House will understand that I wish to place on record in Hansard that I think this is a significant proposal from the Government which will allow and ensure statutory consideration and examination of the Bill as a whole if it is given Royal Assent. I beg to move.
Baroness Hayman of Ullock (Lab)
My Lords, in Committee I tabled Amendment 205 to ask the Government to include in the Bill a statutory commitment to post-legislative scrutiny of the Bill, as recommended by PACAC. I want to say very briefly how much I welcome the amendments that the Minister has just introduced and to thank him very much for listening to my concerns and the concerns of other Members of this House about the lack of pre-legislative consultation or scrutiny. The fact that this has been included in the Bill is extremely welcome.
Member’s explanatory statement
This minor and technical amendment ensures that the territorial extent of amendments to Schedule 1 to the Representation of the People Act 1983 made by Schedule 1 to the Bill is correctly stated.
Lord Stunell
“(3A) Regulations must not be laid to bring Section 13 into force until—(a) a period of two years has passed since this Act is passed;(b) the Secretary of State has published guidance to Electoral Registration Officers on how to determine whether an applicant has been resident in the UK for electoral registration purposes; and(c) the Secretary of State has laid before Parliament a report on—(i) the documentary evidence that may be required to support an application to be an overseas elector;(ii) the length of time that a person must have previously been in the UK in order to register as an overseas elector;(iii) the security and timeliness of the delivery and return of ballots to overseas electors; and(iv) such other matters pertaining to the registration of individuals as overseas electors as the Secretary of State considers relevant.”Member’s explanatory statement
This amendment delays section 13 (overseas electors) coming into force for a period of at least two years, and until the Secretary of State has laid a report before Parliament on how the system of registration of overseas electors is to operate. It also requires the Secretary of State to publish guidance to Electoral Registration Officers.
Lord Stunell (LD)
My Lords, Amendment 71, in my name and that of my noble friend Lord Wallace of Saltaire, relates to the implementation of Clause 13, which deals with the qualification for voting arrangements for overseas voters. It is my contention that this part of the Bill is technically flawed and, as drafted, will produce some strange and surely unintended consequences. We believe it essential that these are overcome before it is brought into force, and doing that needs some serious thought, proper consultation and the preparation of guidelines and advice.
I raised some of my concerns in Committee, where the noble Baroness, Lady Scott, undertook to write to me. On 6 April, the morning of Report, I received a letter from the noble Baroness which basically said on the two issues I raised: “Well, it’s okay; let’s just see how it goes”. I will deal with those two points first, but I shall come to others despite the lateness of the hour and where we are in the proceedings.
The first issue I raised in Committee, which was addressed to some extent by her letter, was the extremely loose definition of who can qualify to go on the overseas register of voters. Clearly and unambiguously, an individual must be a British citizen, but what else do they have to be to get on the register? The clause says they must have been previously resident in the United Kingdom. Nothing is specified about for how long or at what age. I will again mention the case I raised in Committee: a British couple make a touch-and-go visit back from Ghana, during which their baby daughter is born and following which they emigrate to Switzerland. In due course, at the age of 18, that baby can claim an overseas voting right, never having been on a UK register and never having been eligible to be on one, because they were not 18 before they left the United Kingdom.
The Minister’s answer was that electoral registration officers were the best people to judge whether a person claiming the right to join the overseas register had in fact acquired a UK residential qualification by virtue of spending, for instance, a fortnight in a maternity unit in Hounslow, or not. I gently suggest to the Minister that it might be better to establish a more formal and regularised decision-making process, one less prone to happenstance and the personal inclinations of electoral registration officers. There is reference in the Bill to guidance being produced, although it does not say that it will tackle that issue. Indeed, the letter from the noble Baroness does not suggest for a moment that such advice will be made available. Noble Lords will see in the amendment we have tabled that that is one of the matters we say needs to be considered and resolved before this section comes into force.
In the same debate, the noble Baroness, Lady Scott, said that the aim of this proposal was that those on the overseas register would be in exactly the same position as those on the UK register of voters. I take that to mean that, apart from anything else, they will be free to nominate someone to be a candidate for a public election in the constituency in which they are registered. No one seems to know whether that includes nominating for a local government election, or if there is a mechanism for deciding in which ward they could validly nominate.
Clearly, if you were on the overseas list by virtue of appearing on a previous electoral register, that matter is settled because you would have appeared for a particular locality, which will place you in a ward and make you eligible to nominate somebody for it if you wish. However, for someone with a residential qualification, it is perhaps less clear-cut whether ward B in the maternity hospital at Hounslow—where you happen to have been born when your parents came off the aeroplane—is or is not in a particular ward. That is a small detail compared to some of the other matters I will raise, but it certainly indicates that there are matters which are not yet clearly resolved.
So, it is clear that if a person can nominate somebody, whatever they can nominate them for—whether it is restricted to parliamentary elections because it is on a constituency basis, or whether they are located sufficiently well to nominate somebody for a local government ward—they must also be free to stand for election as a candidate themselves in that election if they should choose. So far, so equal. The aim of making sure that overseas voters have exactly the same rights and duties as electors in this country is achieved.
But surely it ought also to mean that if convicted of an offence—let us say death by dangerous driving—that results in a sentence of more than six months, they should be disqualified from standing and if elected at the time, they should lose office, just as someone on the UK register would. I remind the Minister that the Government strongly resisted efforts by my noble friend Lord Thomas of Gresford to permit some categories of prisoners to vote. The Government are completely hostile to the view that people should have a vote in prison, never mind that they might stand or even be elected or retain their office if in prison. However, the answer that the noble Baroness gave me in that letter was that being in a foreign prison was not in fact a bar to standing for public office in the UK; she made the perfectly fair point that the UK Government—and by extension, electoral returning officers—would have no knowledge of foreign court decisions and that in any case, in many jurisdictions, imprisonment could result from acts that were legal in the United Kingdom.
That is a pretty good reply—well drafted and crafted—but it does not really bear examination, because there are a number of things which candidates cannot be: they cannot be bankrupts, and they cannot be suffering from a mental illness that requires their detention. But those matters are simply covered by a candidate’s declaration: you tick a box to say that you are not bankrupt and that you are not detained. The Government and the electoral registration officer do not have the means of checking that either. So, these matters could perfectly well be dealt with by having an additional question on the declaration at nomination stage. It would have exactly the same strength and capacity as a tick in a box to say, “I am not bankrupt, and I am not currently detained under the Mental Health Act.”
The argument that it is impossible to monitor whether an overseas elector is in prison and therefore should or should not be able to nominate somebody—or indeed continue to hold office having been previously elected—is therefore mistaken. At the moment, the Government seem to accept that there is nothing they can do about it. It seems to me obvious that a simple modification to the declaration form would solve the problem and, of course, falsification of the declaration form is an election offence. So, such an additional, suitably worded declaration by an overseas voter would be open to exactly the same challenges as the standard declaration form. In most cases, the mere existence of such a declaration would be a sufficient deterrent and any that got through would likely soon be weeded out by opponents and certainly would not need extensive investigation by the Government.
Surely the Government, with their fetish of preventing prisoners from voting, are not going to allow overseas voters not only to vote but to be eligible to stand while they are serving a sentence in a foreign prison for what would be an imprisonable offence in this country—I mentioned dangerous driving.
It might be asked what category of voter would benefit from this; well, there might be a few “McMafia” figures languishing in a Spanish prison, I suppose. All that could be dealt with by an amended declaration form, which could be produced in about 10 minutes with a word processor. But there is no provision for such a thing in Clause 13, and the Government seem to have given up in the attempt. So far, so wrong.
Let us consider the case of a councillor elected to a UK local authority—say, the London borough of Richmond or the Wiltshire county authority—who then moves to Dover. When the new register is published, they lose their vote in their old area and, lacking another qualification, have to vacate their office. I ask noble Lords to consider what would have happened if that councillor had moved a further 30 miles east, to Calais. They could of course then ask to be put on the register of overseas voters for their former area. Long before the new register comes into force, they would be qualified by virtue of that to continue in office and indeed to re-stand in due course. Do the Minister and her advisers know that Clause 13 produces the absurd result that such a councillor moving to Dover is disqualified but one moving to Calais is not?
Lord Grocott (Lab)
My Lords, I simply say that I thought that that was a masterly exposition by the noble Lord, Lord Stunell. I would happily second all the questions that he is asking of the Minister on the absurd ramifications. The only thing that I would say by way of regret to the noble Lord, Lord Stunell, is that we do not need an inquiry or further consideration. The simple solution is invariably the best one, and it is not to extend the ability to vote from overseas beyond the 15 years very wisely and fairly established by the Labour Government. This acknowledged that people might quite legitimately be going abroad for a while, and it would be wrong to disenfranchise them, but, by the end of 15 years, it is pretty well established that someone is unlikely to return and their connection with the United Kingdom diminishes by the day—and they are living with the consequences. I will certainly not repeat the argument, but, when you have a problem, look for the simple solution. Let us all agree that this extension of the franchise for life, virtually irrespective of residence, as the noble Lord, Lord Stunell, has declared, is absurd.
Lord Wallace of Saltaire (LD)
My Lords, I should declare an interest. I have two sisters, one of whom left Britain 60 years ago and the other 50 years ago. They would be entitled to vote under this provision. I also have a nephew and a niece who left in infancy. They too would be entitled to vote under this scheme.
I also declare an interest in that my party has been in favour of moving towards overseas voting and has thought some of it through. It has looked at practice in comparable countries such as France and Australia. It is clear that we need to involve embassies and consulates abroad if we are to make sure that votes are returned in time. It is also clear that we should be moving towards overseas constituencies, given the different requirements of those who vote from overseas. This happens in a number of other countries. It could be done here. The Minister seemed astonished when I first mentioned overseas constituencies, as if he had not heard of them before.
I have had hundreds of messages about this, from people in France in particular. First, the local MP where they are still registered tells them it is nothing to do with them and they are not going to take up their case because they do not live in the constituency. Secondly, they would like to have overseas constituencies with particular MPs, or Members of the second Chamber or whatever, who would take their interests into account. France has a small number of overseas constituencies, with a much larger number of voters per constituency, and their interests are taken into account.
I hope the Minister will not mind my saying that, when I first went to discuss with him and his team the way in which this extension might be implemented, I was staggered by the lack of detail and what seemed to me to be a lack of interest in the detail. We have very little information on its implementation. It is not quite as bad as the Government’s proposal to send asylum seekers to Rwanda, which appears to have had almost no thought as to how it might be implemented or costed.
There are a range of things that we need to consider. We know already that getting ballot papers out to foreign countries and back within the short time period is extremely difficult and very often fails. What do the Government propose to do about this if they are going to implement this expanded scheme? We have not yet heard anything on that. Will it involve embassies and consulates abroad? I asked a Question last summer and was told by the Foreign Office that it had not been consulted on this and did not expect to be involved to any degree. The Australians, the French and others clearly play a large role in managing and assisting with overseas voting. How therefore would this be carried out in practice when it comes? The Government also wish to shorten the campaigning period. At present, that proposal has been put off. If the campaigning period were any shorter, getting ballots out and back would be almost completely impossible.
This amendment says, “Tell us how you will do this. Demonstrate to Parliament that you have actually thought this through and that you have some way of identifying who are British citizens overseas, where they were residing in Britain beforehand and that, if they wish to vote, the means will be provided for them to receive ballot papers and to get them back—and do not implement it until you are able to answer those questions”. I have not yet heard the Minister or his officials be able to answer any of these questions, and therefore we have tabled this amendment.
Viscount Stansgate (Lab)
My Lords, we are nearing the end of this debate on Report. I cannot say that this Elections Bill is one of this Government’s finest constitutional measures. Although it is late in the day, we have just heard from the noble Lord, Lord Stunell, a very clear exposition of some of the questions which have not been answered, and I think it is perfectly fair to ask the Government—even at this late stage on Monday night—to provide some answers.
I find myself sitting here thinking back to the time that John Stonehouse disappeared, which some noble Lords may remember. When he disappeared, it became clear that there was no provision under British electoral law to remove him from his position as a Member of Parliament. Even though he was arrested and imprisoned in Australia, his constituency went unrepresented, because there was no way of getting rid of him. So things that might appear to you to be unlikely, such as those outlined by the noble Lord, Lord Stunell, might still one day actually occur.
The only thing I would add is that, over the Easter Recess, I met a British citizen who left Britain 55 years ago. He has been living in an EU country. I can report to the House that he was astonished to discover that the Government were now planning to give him the vote. He asked me a number of questions, such as “Where would I cast my vote?”—which brings me to the questions mentioned by the noble Lord, Lord Wallace of Saltaire. Some countries, France being one of them, have overseas constituencies. After decades of inaction, the Americans finally made it possible for Republicans and Democrats abroad to vote while living in the UK. I am sorry to say this at such a late stage, but this is an area that has not been as fully thought through as it should have been. That is exactly what this House is here for and I look forward to the Minister’s reply.
Lord Collins of Highbury (Lab)
I too thank the noble Lord, Lord Stunell, for his excellent introduction to this amendment. It is worth focusing on the fact that the Minister has, on numerous occasions, stressed the impracticalities of some of the amendments that have been considered today, saying “We can’t do this because it’s impractical”. Yet, without any thought, the electorate can be increased from 1 million to 3.3 million, as we heard from my noble friend earlier, without any infrastructure or effort to manage the implications.
The noble Lord, Lord Wallace, talked about other countries. Other countries have different voting systems, such as list systems and regional systems. But our democracy is fundamentally based not on a party system but on the constituency system, where an individual MP represents the people of that constituency. With what is being proposed, we could suddenly have, as my noble friend said earlier, 7,000 or 8,000 people being allocated to a constituency who, according to the noble Lord, Lord Stunell, have never lived there. And we will not even make any attempt—or there will not be any practical way—to verify people’s entitlement to vote.
In this Bill, we have said that if a resident in a constituency turns up at a polling station but fails to produce photographic evidence of their entitlement, they will not be given the vote. But someone who lives abroad can get a vote in a constituency and be sent it without any proper checks. It is absolutely crazy that the Government are not taking the time to look at the practical implications of this. It comes back to the point: why is it being done? It does not really appear to be being done to defend and enhance our democracy. I know I have said it before, but all this effort is going into people who have left this country, who have never lived here or who have lived here for a very short period of time—we are extending the vote to them—but people who have lived here for 27 years, and paid tax and national insurance, will not be given the vote. It is crazy.
This amendment is absolutely right. It would ensure that the Government pay proper attention to the practical implications of their policy and do so in a timely fashion. It is not as if we are trying to say, “Don’t do this”—even though I agree with my noble friend and would prefer that the Government did not do it. The amendment is saying, “Okay, if you’re going to do it and if it’s a principle you support, do it properly. Understand the consequences, particularly the consequences for our democracy”. This side wholeheartedly supports this amendment.
Baroness Scott of Bybrook (Con)
My Lords, I will first answer the questions from the noble Lord, Lord Stunell. I am sorry that he did not get as much information as he needed, but I will have to hold the House a little longer to give him more detail.
On candidature, anyone who wants to be a candidate in an election in this country needs to be a resident of this country and to have proof of residency. So, nobody living abroad can be a resident of this country—that is the first thing.
Lord Wallace of Saltaire (LD)
May I remind the Minister that it is part of the responsibilities of our consuls abroad to look after the interests of British citizens when they are in foreign prisons? So it is not the case that we will not have information on these. Our consular network should have the information relevant to this, but perhaps the Foreign Office has not been consulted.
Baroness Scott of Bybrook (Con)
Then we come to somebody who was born in the UK and has been here only a short time. The current system allows citizens who have left the UK while still too young to vote the ability to register based on their parents’ or guardians’ previous registration, but this is subject to an arbitrary 15-year limit from when they left the UK. The Government want to remove this arbitrary time limit placed on British citizens who have resided here, and we have no intention to replace one time limit with another arbitrary time limit requiring a British citizen to have been resident here for a certain amount of time before they can register.
The Bill will permit children who are UK citizens and who have resided in the UK to be eligible to vote based on their previous residency here. They would apply in respect of their last place of residency. This approach is consistent with the principle of individual responsibility, which underpins individual electoral registration and ensures that voting rights are not conditional on choices made by others in the past.
Additionally, British citizens born outside the UK must have previously resided in the UK to become eligible to register to vote. In practical terms, someone who left the UK at a very young age or who was present in the UK only for a short period will find it difficult to demonstrate their residency at a particular UK address to the satisfaction of a registration officer. I would also question whether anyone who lived in the UK only for a very short period would have any interest in voting in our elections. I hope that gives a little more substance to my letter.
I now turn to the amendment as tabled. The purpose of this amendment would be to delay the commencement of Clause 13 of the Bill for two years, and the extension of franchise for parliamentary election for British citizens overseas. The amendment would require three conditions to be met before regulations could be laid to bring into force the provisions. The Government have set out much detail on the intended registration and voting process in their policy statement Overseas Electors: Delivering ‘Votes for Life’ for British Expatriates. Referring to the condition whereby the Secretary of State must publish guidance for EROs on determining residentiary requirements of overseas electors, further detail on residency requirements will be set out in secondary legislation.
Electoral registration officers will require British citizens who have been resident, but not previously registered, to demonstrate to their satisfaction that they were resident at a specific address. Section 5 of the Representation of the People Act 1983 already lays down the general principles regarding residence for electoral purposes which a registration officer must consider and apply in deciding whether a person is resident at a particular address for those purposes. The same approach to residency must be applied within these boundaries and, as now, registration officers will be supported in this by guidance from the Electoral Commission, with whom the Government will work closely.
As for reporting on documentary evidence, the Government intend to align closely with the existing exceptions process for those domestic electors for whom an ERO considers that additional evidence is required to verify their identity. This is a system that administrators are already familiar with, and we will continue to work closely with stakeholders to develop this process. It will be set out in secondary legislation and be subject to parliamentary scrutiny and to parliamentary approval.
The noble Lord, Lord Wallace, brought up the issue of how we will help expatriates—the people who want to vote from abroad—to actually be able to vote. I think we had a discussion on overseas constituencies, and it was made very clear that the Government are not supporting that idea. However, the Government have already improved the delivery and return of ballots to overseas electors by working with Royal Mail and the British Forces Post Office, expediting dispatch abroad, and funding the use of the international business response licence that expedites the return of the ballot packs from overseas in a large number of countries, as well as covering any postage costs that might otherwise be incurred.
This Bill will also introduce an online absent vote application service that will allow overseas electors more easily apply for a postal vote.
Lord Stunell (LD)
Will the Minister develop her point about the repayment of postal charges? Perhaps she could explain to noble Lords a little more fully what that implies. To my knowledge, a number of local authorities are quite clear at the moment, that they will not post postal votes overseas because of the additional expense. I do not know if there is an element of guidance needed in those cases, but there might be an element of finance. If one had a constituency with the projected 4,000 or 5,000 overseas electors, it would be a significant additional sum. I wonder if she could say something about the Government’s financing of that additional outlay.
Baroness Scott of Bybrook (Con)
I cannot at the moment. It may be part of the burdens that will be financed for local authorities, but I will get the noble Lord a complete answer on that and make sure it is absolutely correct.
The introduction of votes for life is a manifesto commitment. The framework for the previous Overseas Electors Bill 2017-19 was subject to a full public consultation and has formed the basis for this refreshed policy. Since then, we have worked very closely with the electoral service managers and administrators on the design of the processes, and the practical implementation of these measures. On this basis, it is unnecessary to further delay the extension of the franchise, and I hope the noble Lord will feel able to reconsider and withdraw his amendment.
Lord Stunell (LD)
My Lords, I thank the noble Baroness, Lady Scott, for her reply and for the much greater level of detail that she has provided on this occasion, which I very much welcome. She has indeed answered some of the points that I raised, although I think she skirted over the possibility of amending legislation so that some account could be taken of imprisonment overseas. As I say, that is a matter that could easily be covered by an extension of the existing declaration that candidates make.
I am not satisfied with the answer that I have had but at this time of night I certainly do not intend to force my view upon the House. I just say to the Government that I think some of these matters will come back to haunt them, and at that moment I hope to be present to witness the haunting taking place. With that said, I beg leave to withdraw the amendment.
Elections Bill
Monday 25th April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 141-II Second marshalled list for Report - (21 Apr 2022)
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I will first make a statement on the legislative consent process in relation to the Elections Bill. The provisions in the Bill will considerably strengthen the delivery of UK parliamentary general elections and other reserved polls. There has been open and positive engagement between the UK Government and the devolved Administrations in the development of the measures in the Bill. For a number of measures, coherence and consistency across both devolved and reserved polls was considered beneficial to providing electors with clarity and ensuring operability for electoral administrators and those regulated by electoral law.
To deliver those benefits, we sought legislative consent from the Scottish and Welsh Governments. Given that both the Scottish and Welsh Governments expressed support in principle for a number of areas within the Bill, we are disappointed by their request to remove all aspects that relate to devolved matters. Nevertheless, we respected that request and tabled ahead of Committee the necessary amendments to ensure that the Bill as a whole applies only to reserved—and excepted, as it relates to Northern Ireland—matters. This affects measures relating to the Electoral Commission, intimidation, clarification of undue influence and political finance.
I note that the Welsh Government have subsequently laid a supplementary LCM in which they disagree with the devolution analysis for the digital imprints and intimidation proposals. The UK Government’s position is that our legislation on these issues is reserved and does not engage the legislative consent process. Nevertheless, we note that the Welsh Government are supportive in principle of our proposals in these areas.
While divergence is a natural consequence of devolution, the Government welcome the indication given by both the Scottish and Welsh Governments that they will consider legislating comparably across a number of areas. UK Ministers remain committed to working closely with their counterparts as they develop their legislative proposals to deliver the best outcome for voters, the electoral sector and those regulated by electoral law.
In moving that the Bill do now pass, it may be helpful if I make a couple of remarks at this point, although I do not know whether it is conventional to do so at the start or the finish. I know that all of us on all sides of this House, as has been evident in our debates, share a common desire to keep our elections secure, fair, transparent and up to date so that our democracy can continue to thrive. That, in essence, is what the Bill has been about.
I am grateful to all noble Lords across the House who have engaged in debating the substance of the Bill for their most robust scrutiny, which has gone up to the very last seconds. I thank both opposition Benches for their sustained interest and engagement, particularly the noble Lords, Lord Stunell, Lord Wallace of Saltaire and Lord Scriven, who is not here. I am never quite sure whether the noble Lord, Lord Rennard, is a sub or actually on the Front Bench, but anyway he has played a challenging and useful role.
Obviously, I particularly thank Her Majesty’s Official Opposition and the Front Bench opposite: the noble Lord, Lord Collins, the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Khan, who is coming back into the Chamber just in time for his ears to burn, if they can burn in—it is Burnley, is it not?
Lord True (Con)
I thought it was. I thank those noble Lords for their constructive interest in and engagement with these measures. We have not always agreed—sometimes we have—but I have been grateful for their willingness to work with this side and our Bill team on these matters. As a result of this willingness to reach compromises around the House, the Bill leaves your Lordships’ House improved and strengthened.
On our Benches, I thank my noble friends Lord Hodgson of Astley Abbotts, Lord Holmes of Richmond, Lord Hayward and Lady Noakes for their input, which has led to amendments that I also believe have enhanced the legislation. I am astonishingly grateful to my noble friend Lady Scott, who seems to step into every breach when I fall or, if you like, am not sufficient. She has such an impressive capacity to pick up the technical issues and work at pace, and I have been so grateful to her for her good humour and tireless work. It is much appreciated. I also thank my noble friend Lord Howe, who is not here, for stepping into the breach when I unfortunately had my lights punched out by a Covid headache and worse. I fell short then of a promise to all noble Lords that I would be here every hour of every debate. Of course, that could not be helped, but I assure your Lordships, as someone who likes to live up to his word, that it will be a source of annoyance when I look back on this.
Finally, we all want to go, but I cannot let anyone go—I know that people on all sides of the House understand this—without mentioning the extraordinary hard work of the Bill team and the policy officials behind the Bill, many of whom have worked for what may seem like half a lifetime to them on preparing it and putting it together. There are so many of them that it would be invidious to name them all, but many of your Lordships have had direct personal contact with them. They have been enormously professional, good humoured and patient—which you have to be if you work with me—and have lived up to the very highest standards of the UK Civil Service and the quality of public service that we all admire. So, my final thanks are to them.
Lord Wallace of Saltaire (LD)
My Lords, perhaps I may remark to my noble friend Lord Rennard and the noble Lord, Lord Hayward, that in the process of this Bill I have appreciated that it is possible to be quite astonishingly, nerdishly expert on the details of elections to the degree to which the two of them and one or two of our colleagues on the Labour Benches are. That goes far beyond my limited experience, having fought only five elections in my life. They really understand the details in all sorts of ways. I have done some of my electioneering in some of the more difficult parts of the United Kingdom.
I thank the many pro-democracy organisations that have helped and advised us and lobbied about the Bill as it has gone through: Best for Britain, Unlock Democracy, the Electoral Reform Society, the Joseph Rowntree Foundation and the Democracy Defence Coalition. I particularly thank Elizabeth Plummer in our Whips’ Office, who has done superb work with others around the House to make sure that the amendments are there on time.
It is difficult to welcome this Bill. It came to the House accompanied by a number of very critical reports, including one from the constitutional affairs committee of the House of Commons, which said that the Bill in its current form was not fit for purpose. We have improved it a little—we now face ping-pong on some of those improvements—but it is still not entirely what is needed.
As the noble and learned Lord, Lord Judge, said, rather powerfully, this is a constitutional Bill on which there was an absence of cross-party consultation or consensus on the fundamentals of our constitutional democracy—that is a worry. We will have to return to this. The next Parliament, whenever it comes, will have to undertake the job of simplifying and clarifying electoral law, which is what we should have been doing—and have failed to do—with this Bill. Perhaps there are some improvements, and there are certainly some necessary changes in this Bill. There are a number of other areas which we on these Benches bitterly regret and, for that, I can make only moderate thanks to the Minister and the Bill team for what has been achieved.
Baroness Hayman of Ullock (Lab)
My Lords, I start by saying that I agree with the noble Lord the Minister that this Bill is improved and strengthened having gone through this House. This Bill is a clear demonstration that your Lordships’ House can really prove its worth when a Bill comes that is not really good enough. I thank the Government and the Minister for bringing forward some important changes and concessions which have improved the Bill considerably.
I also believe that your Lordships’ House has sent a very clear signal to the Government about concerns around, in particular, photographic ID and the independence of the Electoral Commission. I thank my colleagues, my noble friends Lord Collins and Lord Khan, for their support and all the work that they have done on this Bill. I also thank Ben Wood, in our office, who has worked like crazy on this Bill and others, providing really important support.
I thank the many noble Lords who have taken part in debates on this Bill and who have contributed to making it the better Bill that it is today. In particular, I thank the noble and learned Lord, Lord Judge, for his important work demonstrating our concerns around the Electoral Commission. I also thank the noble Lord, Lord True and the noble Baroness, Lady Scott, for their time and consideration of our concerns. They have given us a lot of time and some of the concessions that we have had are extremely gratefully received and have made the Bill much better. I also thank the officials, because they also gave us that time to try to improve things in this way. I join the noble Lord, Lord Wallace, in thanking the many organisations that have provided time, briefings and the detailed information that has helped us to understand some of the complicated areas of electoral law.
I just end by saying that I hope that we can continue to work together constructively to address the outstanding areas where we believe we can still make more progress.
Elections Bill
Wednesday 27th April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 153-I Marshalled list for Consideration of Commons Amendments and Reason - (27 Apr 2022)
20:18 - Division on Motion A1 - Ayes: 181 / Noes: 202 - Motion A1 disagreed.
20:31 - Division on Motion B1 - Ayes: 150 / Noes: 208 - Motion B1 disagreed.
Lord True
That this House do not insist on its Amendments 22 and 23 and do agree with the Commons in their Amendments 22A to 22I to the words restored to the Bill by the Commons disagreement to Lords Amendment 22 and in their Amendments 23A to 23K in lieu of Lords Amendments 22 and 23.
“(3A) The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.”
“(5) For the purposes of subsection (3A)—
(a) the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to—
(i) Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and
(ii) referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament;
(b) the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to—
(i) general elections of members of Senedd Cymru,
(ii) elections held under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies),
(iii) local government elections in Wales, and
(iv) referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements), so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006.”
“(3A) In preparing the statement, the Secretary of State must have regard to the duties imposed on the Commission by section 145(1) (duties with respect to compliance with controls imposed by this Act).
“(aa) must prepare a report containing the Secretary of State’s response to the consultation.”
“(3A) If, after complying with subsection (3), the Secretary of State proposes to designate the statement, the Secretary of State must lay before Parliament a document that—
(a) explains the Secretary of State’s proposals,
(b) sets them out in the form of a draft statement, and
(c) contains the report prepared under subsection (3)(aa).
(3B) Where a document is laid before Parliament under subsection (3A), no draft of the statement that the Secretary of State proposes to designate is to be laid before Parliament before the end of the 60-day period.
(3C) In preparing a draft statement for laying before Parliament, the Secretary of State must consider any representations made during the 60-day period in relation to anything in the document laid under subsection (3A).
(3D) If, after the end of the 60-day period, the Secretary of State wishes to proceed with designating the statement, the Secretary of State must lay before Parliament—
(a) the draft statement (incorporating any changes made in light of any representations made as mentioned in subsection (3C)), and
(b) a report containing the Secretary of State’s response to any such representations.”
“(aa) “the 60-day period” means the period of 60 days beginning on the day on which the document mentioned in subsection (3A) is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid);”
(c) at the request of the Speaker’s Committee, where the request—
(i) is made by notice given to the Secretary of State, and
(ii) gives details of the changes to the statement that the Speaker’s Committee propose should be made.
(2A) Where a request is made in accordance with subsection (2)(b) or (c), the Secretary of State must inform the Commission or the Speaker’s Committee (as the case may be) how the Secretary of State proposes to deal with the request.”
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, with the leave of the House, I will also speak to Motion B.
On Motion A, the Government have listened with respect to your Lordships’ concerns but they consider the measures in these clauses necessary and to take a reasonable approach to reforming the accountability of the Electoral Commission, while respecting their operational independence. Much concern has been expressed about the duty to have regard. The Government’s firm view is that this duty will not allow the Government to direct the commission’s decision-making, nor will it undermine the commission’s other statutory duties. However, while the other place has by a large majority reinstated Clauses 14 and 15, we have listened carefully and respectfully to the concerns expressed. I have also had the pleasure of meeting the noble and learned Lord, Lord Judge, and others, and consulted colleagues in government. As a result of these conversations, and in a sincere effort to address the concerns raised by your Lordships, my colleague in the other place, Minister Badenoch, also tabled government Amendments 23A to 23K in lieu, which were accepted by the House of Commons. I will briefly outline them.
Amendment 23 underscores the independence of the commission by requiring the Secretary of State, when preparing a statement, to have regard to the duty placed on the commission by Section 145(1) of the Political Parties, Elections and Referendums Act 2000, to monitor and ensure compliance with the rules set out in that Act. Further, this amendment would prohibit the statement from including any provision about specific investigatory or enforcement activity.
Amendments 23C to 23H, 23J and 23K provide for enhanced parliamentary scrutiny of a statement—another thing your Lordships have asked for—that has been subject to statutory consultation by providing both Houses with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval. The amendments also make consequential changes to Clause 14.
Furthermore, Amendments 23B and 23I would require the Secretary of State to publish a response to the statutory consultation on the statement, and to respond publicly to a request for the statement to be revised that comes from the Speaker’s Committee on the Electoral Commission.
Taken together, the Government believe that our amendments, in addition to provisions already built into Clause 14—but which I accept failed totally to persuade your Lordships—should now put beyond doubt the question of whether the Statement could be used to unduly influence the commission to take a particular course of action in its investigatory or enforcement activity.
Turning to the amendments tabled by the noble Lord, Lord Judge, the Government do not, respectfully, share the view that it is necessary to clarify in the law how the duty to have regard to the statement will be interpreted. I was pleased to have the opportunity to hear the noble and learned Lord’s views, and I know he has discussed those also with officials. The Government do not agree with the proposal to amend the provisions to expressly state that the commission would not be bound to follow the statement when carrying out its duty to have regard to it. The duty to have regard works in similar ways to other existing statutory duties without the need for such language as proposed in the noble and learned Lord’s amendment to be included. Any further elaboration of this duty might have unwanted implications for how the many other duties to have regard that appear on our statute book should be interpreted. For these reasons, it is simply not a proposal that the Government can accept and I urge the House to reject it.
The Government do not agree either with the proposals from noble Lords which would require Ministers on the Speaker’s Committee on the Electoral Commission to recuse themselves when the committee considers how the commission has discharged its duty to have regard to the statement. Executive representatives have always had a role in the parliamentary oversight of the commission via the committee, which, set in the context of the overall framework, is entirely appropriate. Furthermore, the Speaker’s Committee, not the Government, determines its own procedures. Therefore, it would not be appropriate to impose legislative constraints on the operation of the committee in this way. This is rightly left to Members of the other place to consider. For these reasons, the Government also oppose this amendment and respectfully urge the House to reject it.
Lord Judge
At end insert “and do propose Amendments 23L and 23M as additional amendments to the words so restored to the Bill—
“(1A) When the Speaker’s Committee carries out the function in subsection (1), members who are Ministers of the Crown must recuse themselves.””
Lord Judge (CB)
My Lords, I must get this right. I beg to move Motion A1, as an amendment to Motion A, to insert the words at the end as printed on the Marshalled List. So we are all very much wiser, are we not?
What I am actually talking about is the words in one amendment,
“but is not bound by”.
In the other amendment, the text is much lengthier:
“When the Speaker’s Committee carries out the function in subsection (1)—
to which I shall come—
“members who are Ministers of the Crown must recuse themselves.”
So now I hope we know what we are talking about.
On Monday, we had a very interesting debate. A substantial majority of your Lordships’ House—cross-party, I hasten to add—thought it right to remove the two clauses from the Bill. These two clauses have been renumbered, upnumbered and their numbers changed, so I will go back to the original numbers, 14 and 15. We are dealing with the power given to the Secretary of State by this Bill to issue a strategy statement setting out his or her priorities and the guidance to which the commission would have to have regard. This House took the view that that provision would have left the commission exposed and would have been inconsistent with the need for the commission to be—and to be seen to be—independent of the Government and indeed of all political parties.
Perhaps it is just worth looking at the way in which the Electoral Commission came to be founded. The Fifth Report of the Committee on Standards in Public Life used these simple words:
“Those who have advocated the establishment of an Electoral Commission have been emphatic that it should be independent both of the government of the day and of the political parties. We agree. An Election Commission in a democracy like ours could not function properly, or indeed at all, unless it were scrupulously impartial and believed to be so by everyone seriously involved and by the public at large.”
Today, the other place has considered the amendments that this House suggested, and it has restored the original Clauses 14 and 15, with some amendments. I welcome the amendments; they are a step forward. But they are a step forward on a ladder on which we had not reached the first rung in the original legislation.
On a separate matter, I am very grateful to the Minister for the conversations we have had. If I may say so, we had a robust exchange of views. I am pleased that there have been improvements, but they do not add very much. What they amount to is this: they make it absolutely clear that the Secretary of State must not issue a statement that might lead the commission to act inconsistently with its statutory duties. Well, that is important, but nobody ever thought that anybody would be able to issue instructions to be unlawful. Well, I suppose somebody might have thought, “We’ll issue instructions to be unlawful”—but I do not think we will consider that in this particular situation. I am perfectly happy to accept that these amendments increase parliamentary supervision of the processes, but I respectfully suggest to the House that, although there is an improvement, it does not address the independence and the perception of independence of the commission.
I respect the decision of the other place—and that is it. I am not seeking to restore the original decision of this House. However, I am proposing that there should be these small amendments to ensure that the independence is established. I also propose to ask the other place to think again about these two amendments; I am not being critical in any way about this because it did not have this material to consider. I will deal with these amendments very briefly, including the words “not bound by”.
I will refer back to the letter which the Minister kindly sent today to all Peers, which includes this passage in relation to “must have regard to”: “The Government’s view is that this duty will not allow the Government to direct the commission’s decision-making, nor will it undermine the commission’s other statutory duties or displace the commission’s need to carry out these other duties. It simply means that, when carrying out their functions, the commission will be required to consider the statement and weigh it up against any other relevant considerations. Therefore, the commission will remain operationally independent and governed by its commissioners”.
I do not understand the words “operationally independent”; the commission is either independent or not. That is at the foundation of the argument against this amendment. Even if it were correct, it does not address this crucial question: the issuing of the statement must mean that the Secretary of State will have an influence on the decisions of the commission. Self-evidently, the commission cannot say, “Aha, here’s the statement, yippee”, and chuck it out the window or put it in the bin. It will influence the decision; that is the point of it and exactly its purpose. On this issue, my amendment is very simple. As I have discussed, I recognise the argument that “must have regard to” also carries this implication of “not bound by”—I do not think that it does, but I recognise the argument. Assuming that I am wrong, and assuming that it does carry that implication, in the context of an elections Bill and the sensitivities which surround all electoral questions, surely it is so much simpler to express plainly and unequivocally in the Bill that the Electoral Commission will not be bound by the statement issued by the Secretary of State. That is what I am seeking with this amendment.
As to the other amendment, your Lordships will remember that I suggested that having two Ministers of the Crown on the commission would ultimately mean that the judge—that is the way in which the commission would do its work—would include two Members of the Government whose Government had issued the statement. In my old life, we called that “judge in his own cause”; that is what it amounts to. Whereas I understand the need for an examination—I am not happy about it, but I understand the argument—it would be much more appropriate and consistent with an independent commission that Ministers of the Crown should not be judging whether or not the commission had followed and had proper regard to the statement given to it by the Secretary of State.
I am asking this House to send back the amendments I have put forward on the basis that the other place could have a chance to look at them for the first time and make up its own mind about whether they are sensible. I urge that they be accepted, that they would make the improvements necessary to the Bill, and that they would make it possible to look everyone in the eye and say, “This is an independent body exercising an independent function”. I beg to move.
Lord Blunkett (Lab)
I support the noble and learned Lord’s amendments. I will be as brief as humanly possible, first because of his brilliant and forensic analysis of where we are and the importance of the amendments and, secondly, because there has been a tendency over recent times for noble Lords to filibuster their own amendments—I have seen it again and again. Therefore, I just want to comment on the second part of the amendments before us, the recusing of Ministers in dealing with the statement drawn up by the Secretary of State.
The Minister, in dealing with this element, talked about elected Members having traditionally been on the commission. I do not dispute that for a minute, but we are back to where we were when debating this earlier in the week: there seems to be a sad misunderstanding of the difference between Government and Parliament, and the role of Ministers representing a Government dominated by a political party and the role of elected Members, and therefore the commission, in carrying out their duties independently. This is a substantial constitutional matter; I am sorry that there are not more Members in the Chamber to hear it because, obviously, the troops outside will be rallied at the appropriate moment. Given that this is so fundamental to the way in which we conduct our democracy, election processes, and therefore the transparency and trust that people should expect, I believe that we should vote on this tonight. I am surprised that the Minister has not been able to convince his colleagues in the other place that they have got this very badly wrong. I promise them that it will come back to bite them.
Lord Rennard (LD)
I speak to Motion B1. We have already agreed in this House that compulsory photo ID at polling stations is not necessary. At no stage in any of our debates have the Government presented any evidence that compulsory photo ID is necessary, or proportionate, to what they try to claim is a risk of impersonation. In fact, there is proof that impersonation at the polling station is not a significant problem. The number of replacement ballot papers issued in the last general election, mostly because of a clerical error in crossing off the wrong name, was just 1,341 out of over 32 million ballot papers issued. That is an average of two replacement ballot papers in each constituency, or just one for every 30 polling stations. Mostly, they were issued due to clerical error, not fraud. Therefore, spending £180 million over the next 10 years to make photo ID a requirement to be allowed to vote is wholly disproportionate and unnecessary.
In an earlier debate, it was stated by a Minister that if someone claimed your vote, they had stolen it and you could not get it back. However, the replacement ballot paper system means that this is not the case. Unlike someone stealing a parcel of yours at the Post Office, you can get a replacement ballot paper if one has already been issued in your name and an investigation is made, if necessary.
The Minister referred to Northern Ireland and the recent increase in turnout, which I am sure is not due to the popularity of photo ID. If we look back to when photo ID first came in for the 2003 Northern Ireland Assembly election, we see that estimates were that around 25,000 voters did not vote because they did not have the required ID, and almost 3,500 people—2.3% of the electorate—were initially turned away for not possessing the required ID. There are 20 times as many people in Great Britain, so you can do the maths.
However, there is a sensible alternative to the Government’s proposals. It should be seen as a sensible compromise. It would safely address any legitimate concern that the Government claim to have about impersonation at the polling station. Perhaps significantly, it would also fulfil what was in the Conservative Party’s manifesto in 2019.
In addition to the documents considered acceptable to the Government as proof of identity, there is a document already issued to every voter by the official electoral registration officer. That document is the official polling card. In the local election pilots conducted under the Government’s own rules, the poll card was deemed an acceptable form of voter ID in some council areas and was chosen by 93% of voters where it was an option. This compares with 5% choosing to use their driving licence and 1% choosing their passport. Most significantly, the number of voters turned away from polling stations was half the level of that in areas requiring photo ID. That is the real point of the Electoral Commission’s analysis of those pilots.
Every voter on the electoral register is issued with a polling card. There is therefore no additional cost in making it an acceptable form of ID. A fraudster would have not just to impersonate someone at a polling station but to have stolen their poll card in advance. In the unlikely event of it being stolen, it could be replaced, and someone using the original could be arrested at the polling station for using it. So let us offer this compromise from this House. It offers greater security but no discrimination and no great expensive additional bureaucracy.
I believe that we do not require substantial further debate on this issue tonight, but we do need to act to prevent abuse of a majority in the other place.
Lord Cormack (Con)
My Lords, I will not say very much about the amendment in the name of the noble Lord, Lord Rennard, because I wish to concentrate on that in the name of the noble and learned Lord, Lord Judge. All I will say is that I think we need identity cards in this country, full stop.
I feel very troubled tonight. At Second Reading, I made it quite plain that I was strongly opposed to Clauses 14 and 15. I made a similar comment in Committee. On Monday, I was glad to be able to support the noble and learned Lord, Lord Judge, the noble Lords, Lord Blunkett and Lord Wallace of Saltaire, and my noble friend Lord Young of Cookham, when, along with nine or 10 Conservative colleagues, I voted for the amendments in the name of the noble and learned Lord to delete those two clauses.
I am troubled because, frankly, although I accept the good intentions of the Minister, my noble friend Lord True—his integrity is not in any doubt whatever—I do not think that tinkering will really meet the points that were made by those of us who wanted to delete the clauses. It is not for me to say that we should insist, because it is very much the noble and learned Lord’s amendment and he has made his decision, which, again, I respect totally. However, faced with a choice between tinkering and tinkering, I personally think that we have missed the opportunity to put this Bill in order by deleting two clauses that are fraught with danger to our constitution and election system.
The best we can hope for now is really scrupulous post-legislative scrutiny to see how this works out—it is essential that that happens—but we are put under a degree of pressure. Although this is the first stage of ping-pong on this Bill, when I came in this morning, all the robes for Prorogation were hanging up. The Government are clearly determined to prorogue Parliament tomorrow and not to use time later this week—which could have been used—or next week for a battle. I therefore find myself very much in the position of the noble Lord, Lord Coaker, at an earlier stage today, when he praised the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Kerr of Kinlochard, but said, “Really, the time has come”. I believe it is quite clear that the time has come for the end of this Session of Parliament. It is not one that will go down in the history books as a Session of glory or a Session that has enhanced the democratic credentials of government. It will not go down in history as a Session that has seen our country maintain its staunch defence of the rule of law, as it has done in the past, but that is where we are.
Frankly, the most honourable thing I can do tonight is not to vote. I believe that we should have deleted the clauses, but we have not done so. We gave the Commons an opportunity to delete the clauses, but they completely spurned us. They are entitled to do that, but I do not necessarily think that they were wise in taking the line they took. However, that is the line they took, and it is the line they will take if the amendments in the name of the noble and learned Lord, Lord Judge, are passed tonight.
We should just mark this as a pretty sad episode and, as I say, scrutinise the legislation once it is on the statute book. We will need to come back to these issues. We must make absolutely sure that the Electoral Commission is not trammelled in its work and is able, as similar bodies in other democratic countries are, to ensure that our elections are scrupulously controlled, totally impartial and never subject to the whims of any political party—right, left or centre. This is a sad day for me, but that is the conclusion I have reached.
Lord Willetts (Con)
My Lords, I want briefly to refer to Motions B and B1. In this House, we moved and passed an amendment that would have significantly added to the list of possible identifications that could be used by voters. I continue to believe that that would have reduced the risk of genuinely eligible voters finding themselves unable to vote. Nevertheless, that amendment has been substantially rejected in the other place and, as we have just heard from my noble friend Lord Cormack, we are drawing to the end of this Session.
I take some comfort from the words we have just heard from the Minister; I thank him for his engagement with this issue. He assured the House that it will be perfectly possible through secondary legislation to add to the list of identifications that can be accepted. He also assured the House that the Government will monitor the potential for new forms of ID to be used and improvements to the security of IDs, which appeared in our original amendment but have now been rejected. I hope that the evaluation he has promised will show that it is possible to add to the list of further IDs that can be used; that would be desirable. I very much hope that the Minister and the Government will be as flexible as he has said. In the light of his assurances and the clear rejection from the other place, I do not think that it is now our role to pursue this issue further.
Baroness Lister of Burtersett (Lab)
My Lords, I support Motion A1, but I want to speak briefly to motion B1, which I also support. My primary concern throughout our debates has been the impact on the ability of people experiencing poverty to exercise their right to vote. I am not going to repeat the arguments, but I hope I can get a couple of assurances on the record from the Minister.
First, I thank him, as I understand he has asked officials to include organisations led by people in poverty— such as Poverty2Solutions and, I would add, the APLE Collective—in their ongoing consultations about the implementation of the Bill, so as to get their expertise on the experience of poverty. I would welcome it if the Minister could place that commitment on the record.
Lord Carlile of Berriew (CB)
My Lords, in relation to my noble and learned friend’s amendment, I have a short but I believe very important question to ask of your Lordships. What is your Lordships’ House here for if it is not this? My noble and learned friend has demonstrated beyond doubt that there is a risk—a measurable risk, not a fanciful risk—that the Electoral Commission might have its independence damaged and impugned if these amendments are not introduced into the Bill. What would the Government lose by accepting these amendments?
I therefore suggest to your Lordships that we have not yet heard any good reason why these amendments should not be sent back. I am unpersuaded by the argument that because some robes are hanging on hangers somewhere in the building, no doubt losing their creases—which is as good an argument as anything I have heard against my noble and learned friend’s amendments—we should not delay matters for another day, which is available. There is an option: the Minister can go and consult his ministerial colleagues and come back to the House in a matter of minutes and say, “I have listened to the noble and learned Lord, Lord Judge; he has argued a brilliant case and it may well be that he is right”. And if there is a risk that he is right—which is what I believe—we should not let this pass just because it is inconvenient to delay the end of the parliamentary Session.
Lord Rooker (Lab)
My Lords, I had not intended to speak, but the fact is that, following what we have just heard, the Order Paper for Tuesday and Wednesday next week has Questions down from noble Lords. It is not as though we are slicing off tomorrow: the Order Paper is there, and it is there for a reason. Somebody worked out, in terms of the management of this place, that the House would sit. People put bids in for Questions, and they are sitting there on the Order Paper. The Minister —to whom I pay tribute for the way in which he has dealt with this Bill—did leave a gap open, which is not completely closed.
On what the noble and learned Lord, Lord Judge, said, we are certainly going to find out what the mettle of the electoral commissioners is made of, as a result of this kind of legislation. This is going to test those individuals—both the officers and the commissioners—in a way that they never contemplated when they applied for or were appointed to their posts.
I do not want to delay the House, but the other day I was reading—and I have not finished it—David Runciman’s How Democracy Ends. I came across this page where he quoted an American political scientist Nancy Bermeo, who had identified six different varieties—David Runciman called them “coups”—of ways in which things get manipulated. These are two of them. I would just like the Minister to explain how this Bill differs from these two examples:
“‘Executive aggrandisement’, when those already in power chip away at democratic institutions without ever overturning them. ‘Strategic election manipulation’, when elections fall short of being free and fair but also fall short of being stolen outright.”
Now where does this Bill differ from those two definitions?
Baroness Altmann (Con)
My Lords, I was not going to speak in this debate, but, having listened very carefully, I am deeply troubled at the idea that we would not try to see whether we can persuade the Minister and Conservative colleagues in the other place, right-thinking Conservatives, that there is a significant risk here of gerrymandering elections—something one would think was impossible to imagine in this country.
I think the House has been done a great service by the noble and learned Lord, Lord Judge, who has challenged us to stand up for what we can see is a significant risk. Indeed, when we think about what happens in the other place with the amendments that we are trying to point out are really important to insert in the Bills that are coming through in these final days, we see that they are not even being sufficiently debated. With a significant majority there is a risk that a Government can try to gather for themselves permanent or long-lasting powers that are not designed for the kinds of constitutional arrangements that we have in this country.
I therefore am finding myself deeply conflicted and troubled as to—in the words of the noble Lord, Lord Carlile—what we are here for if it is not consider, and ask the other place to consider, these matters.
Lord Wallace of Saltaire (LD)
My Lords, briefly, we on these Benches will vote for both amendments on matters of principle, because we believe in constitutional democracy and citizens’ rights. Sadly, throughout our discussions on this Bill, the Minister has resisted attempts to discuss this as a constitutional issue and as a matter of principle. Indeed, as the Bill has gone through the Government have removed this area from the Cabinet Office and put it in with housing and local government under the Department for Levelling Up, so that the Commons committee on constitutional affairs will no longer cover such things as this. I regret that, too; it seems to me entirely improper.
I recall the noble Lord, Lord Hannan, making a very powerful speech some while ago on the importance of process in politics. By “process” I take him to mean the way in which we conduct ourselves in the political world, including the rule of law and institutional checks and balances Those conventions of political life are a fundamental part of democracy. That is what this Bill has failed to reinforce. I think we all recognise that a future Prime Minister or a future Government will have to return to this issue and produce a much better Bill that can command more cross-party support.
The amendment in the name of the noble and learned Lord, Lord Judge, addresses the question of parliamentary sovereignty—not Executive sovereignty. My noble friend Lord Rennard’s amendment addresses the question of the right of every citizen to take part in the political life of the country and not to face unnecessary barriers. One of the many adverse effects of the Bill is that it makes it much easier and without barriers for overseas citizens to vote but more difficult for domestic citizens to vote. That is very odd, not entirely democratic and undesirable.
For those and other reasons, and on matters of constitutional principle, which the revising House should have particular concern for, we will vote for both amendments.
Baroness Hayman of Ullock (Lab)
My Lords, in his opening remarks, the Minister talked about the post-legislative scrutiny that is going to be on the face of the Bill and said that this would include reviewing and monitoring further forms of acceptable ID. He mentioned that the Bill includes the provision to add further acceptable forms. We welcome that. I hold the noble Lord, Lord Willetts, in the highest regard and thank him for pressing the Government in his previous amendment on the importance of furthering the number of IDs that can be used.
Having said all that, we believe, as the noble Lord, Lord Rennard, said in introducing his amendment, that the Government have simply got it wrong on requiring voter ID to be presented at polling stations. We are disappointed and unhappy that there has been absolutely no movement whatever from the Government on this and that they have not wished to include any further accepted forms of ID in the Bill. If the Bill moves forward on ID as it stands, will the Minister provide assurances as to how the requirements for photo voter ID will be introduced, how local government will be supported, and what mitigations will be put in place to ensure that no elector will be disfranchised as a result of the Bill?
We very much welcome the amendments in the name of the noble and learned Lord, Lord Judge, on the Electoral Commission. There is clear concern, right across this House, about the undermining of the independence of the Electoral Commission. I will not go into any detail because we need to move on. The noble and learned Lord clearly laid out why there are still deep concerns in this House. The small amendments that he has offered would resolve these issues and greatly strengthen the Bill before it reaches the statute book. We agree wholeheartedly with what the noble and learned Lord, Lord Judge, is trying to achieve and support his decision to ask the other place to think once again on what is a matter of extreme constitutional importance.
Lord True (Con)
My Lords, for the convenience of the House—I know it is late and I have made my arguments and placed them before your Lordships—but I was asked a couple of specific questions.
In response to the queries of the noble Baroness, Lady Lister, there has been correspondence with her and officials through the list of organisations that we consulted. We have affirmed that there is and will be ongoing consultation as part of the implementation programme. I can certainly say in the House that we will undertake to continue to consult the organisations that have been discussed as we go forward. I can give her that assurance.
One thing raised in the debate was that the noble Lord, Lord Carlile of Berriew, said that we were doing this because of Prorogation. That was something injected into the debate by another Member of your Lordships’ House. I remain at the disposal of your Lordships. If noble Lords wish to be here again and again on this matter, I will rise to respond. The matter referred to is immaterial.
Lord Judge (CB)
My Lords, I had no doubt whatever that I would ask the House to consider its views and to agree to the Motion in my name. I regret to say this but, having heard the last few observations by the Minister, I am encouraged to make sure that, if this becomes part of the law without the amendments that are included in this Motion, it will be the responsibility of those in the other place who voted for it. Therefore, I respectfully ask the House to agree to my Motion.
Lord True (Con)
My Lords, I have already spoken to Motion B, so I beg to move.
Motion B1 (as an amendment to Motion B)
“(1HA) In this rule a “specified document” also means an official poll card issued by the returning officer for the election at which the voter intends to vote.””
Elections Bill
Wednesday 27th April 2022
(2 years, 7 months ago)
Commons ChamberRead Full debate Elections Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 153-I Marshalled list for Consideration of Commons Amendments and Reason - (27 Apr 2022)
16:12 - The House divided: - Ayes: 306 / Noes: 215 - Question accordingly agreed to.
16:28 - The House divided: - Ayes: 306 / Noes: 213 - Question accordingly agreed to.
00:00 - The House divided: - Ayes: 306 / Noes: 213 - Question accordingly agreed to.
The Minister for Levelling Up Communities (Kemi Badenoch)
I beg to move, That this House disagrees with Lords amendment 22.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Government amendments (a) to (i) to the words restored to the Bill.
Lords amendment 23, and Government motion to disagree.
Government amendments (a) to (k) in lieu of Lords amendments 22 and 23.
Lords amendment 86, and Government motion to disagree.
Lords amendments 1 to 21, 24 to 85 and 87 to 126.
Kemi Badenoch
The Bill has returned to the Commons after wide-ranging and often intense debate in the other place. I am grateful to my colleagues there, Lord True, Baroness Scott and Earl Howe, for their efforts in ensuring that the Bill was able to benefit from that scrutiny. The Bill delivers on key manifesto commitments to protect our democracy as well as a range of recommendations from consultations, parliamentarians, Select Committees, international observers and electoral stakeholders.
I will come to the more positive highlights of the Bill’s passage shortly, but I must, with regret, begin with the areas where the Government cannot agree with the changes made. We disagree with Lords amendment 86, tabled by Lord Willetts, Lord Woolley, Baroness Lister of Burtersett and the Lord Bishop of Coventry, which suggests a long list of new documents that could be used as a form of identification at polling stations, including non-photographic documents such as a bank statement, a council tax letter, a P45 or P60 form. The Government have been clear that the most straightforward and secure way of confirming someone’s identity is photographic identification. The Electoral Commission found this to be the best approach to pursue in the pilots undertaken by the Government in 2018 and 2019.
Margaret Greenwood (Wirral West) (Lab)
Does the Minister share the concern raised by Mencap that the introduction of voter ID could result in another barrier to people with a learning disability participating in elections?
Kemi Badenoch
The answer is no, we do not share that concern. We have conducted extensive pilots and we recognise that many people are concerned about the Bill, which is why we carried out extensive engagement explaining why there need not be any concerns about additional barriers on voter ID.
We also have the experience of Northern Ireland, where photographic identification has been required since 2003, following its introduction by the last Labour Government after the non-photographic model that had been in place since 1985 was deemed insufficient to stamp out fraud. A free voter card will be available for voters without suitable photographic identification and we are working closely with the Electoral Commission, which will deliver a clear and comprehensive communication campaign on the new requirements. While the list of acceptable identifications in the Bill is wide-ranging, I wish to reassure this House that, should further forms of photo identification become available and be sufficiently secure, the powers in the Bill are such that additional identification can be added or removed as necessary without the need for further primary legislation. For these reasons, the Government cannot support this amendment.
I ask the House to disagree with Lords amendments 22 and 23, which seek to remove clauses 14 and 15 from the Bill. The purpose of clause 14 is to make provision for the introduction of a strategy and policy statement setting out guidance to which the Electoral Commission must have regard in the discharge of its functions. Some parliamentarians have claimed that this duty to have regard to the strategy and policy statement will weaken the commission’s operational independence, which is not correct. This duty will not allow the Government to direct the commission’s decision making, nor will it undermine the commission’s other statutory duties or displace the commission’s need to carry out those other duties. Clause 15 simply expands the role of the Speaker’s Committee on the Electoral Commission and empowers it to examine the commission’s performance of its duty to have regard to the strategy and policy statement.
In the other place, technical amendments to these clauses were made in Committee before the clauses were removed on Report. If this House disagrees with Lords amendment 22, the series of amendments we have proposed to the words so restored to the Bill will reinstate those technical amendments to clause 14. Amendments (c) and (f) to (h) reflect the parliamentary consequences of recent machinery of government changes. The other technical changes to the words so restored to the Bill, amendments (a) and (b), will ensure that the strategy and policy statement must not relate to the devolved functions of the Electoral Commission. Consequently, amendments (d), (e) and (i) provide that Scottish and Welsh Ministers are no longer statutory consultees on the strategy and policy statement. For the reasons I have set out, I ask the House to disagree with Lords amendments 22 and 23 and to agree to amendments (a) to (i) and to the words so restored to the Bill.
Given the strength of feeling, although the Government strongly reject the characterisation that clause 14 will weaken the commission’s operational independence, we have heard the concerns and tabled amendments (a) to (k) in lieu of Lords amendments 22 and 23. Amendment (a) will require the Secretary of State, when preparing a statement, to have regard to the duty placed on the commission by section 145(1) of the Political Parties, Elections and Referendums Act 2000 to monitor and ensure compliance with the rules set out in that Act. Further, the amendment will prohibit the statement from including reference to specific investigatory or enforcement activity. That provides further reassurance on the commission’s operational independence.
On the parliamentary approval procedure in relation to the statement, the Government’s view is that the affirmative resolution procedure will provide both Houses of Parliament with appropriate opportunities to debate and scrutinise the statement in full before determining whether to approve or reject it. However, we have listened to the concerns raised and, to provide further reassurance, the Government tabled amendments (c) to (h), (j) and (k) in lieu of Lords amendments 22 and 23. These amendments provide for enhanced parliamentary scrutiny of a statement that has been subject to statutory consultation under new section 4C of the 2000 Act by providing both Houses with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval. The amendments also make consequential changes to clause 14.
Amendments (b) and (i) in lieu of Lords amendments 22 and 23 will require the Secretary of State to publish a response to the statutory consultation on the statement, and to respond to requests from the Speaker’s Committee on the Electoral Commission for the statement to be revised.
Taken together, these provisions, in addition to those already built into clause 14 relating to parliamentary approval and consultation, should provide significant reassurance to Members of both Houses on the concerns about the strategy and policy statement. In particular, the amendments put beyond doubt the question of whether the statement could be used to unduly influence individual enforcement activity or to give guidance without the Secretary of State considering the commission’s monitoring and compliance duties.
On clause 25, the Government have listened to the concerns raised by parliamentarians and by representatives of civil society organisations in recent meetings. Lords amendment 44 means that any order to remove or vary the description of a category of third-party campaigner can be made only where it gives effect to a recommendation of the Electoral Commission, which will provide a necessary safeguard against any future Government who potentially seek to misuse the clause.
The Government have also carefully considered the concerns relating to clause 27. These measures were not designed to disproportionately affect any particular group. Given the strength of feeling on this issue, the Government tabled Lords amendment 50 to remove the clause from the Bill. I ask the House to support this amendment.
It is standard practice for the Government to conduct post-legislative scrutiny of Acts following Royal Assent, but we took on board the desire to ensure in the legislation that that scrutiny took place. Lords amendment 80 supports the joint aim on both sides of the House that the operation of these measures is assessed following the implementation of the Bill, while ensuring sufficient time has passed and processes are embedded enough for the scrutiny to be meaningful and effective. For these reasons, I commend the amendment to the House.
Lords amendments 1 to 5 make changes to clause 7, narrowing its scope so that the provisions do not unintentionally prevent legitimate campaigning by candidates outside the time that a person completes their postal ballot or legitimate opinion polling activity. Lords amendments 112 to 116 make the same changes in relation to Northern Ireland.
Lords amendments 9 to 12, 45, 64 to 79, 81 to 85, 87, 105 to 110 and 118 to 124 are technical and clarifying amendments. As the House will be aware, the Bill represents an extensive and ambitious portfolio of work in a complex and detailed body of law. The amendments ensure the measures are fit for purpose and operate as intended.
Following extensive engagement with the devolved Administrations in the preparation and drafting of the policy, the Scottish and Welsh Governments unfortunately declined to consent to applying certain measures to devolved polls. It was therefore necessary for the Government to table Lords amendments 6 to 8, 13, 14, 24 to 28, 30 to 33, 37, 38, 40 to 43, 46 to 48, 51 to 63, 88 to 102, 117, 125 and 126 to ensure the measures apply to reserved matters only. I therefore ask the House to agree to these necessary amendments.
Lords amendments 15 to 19 strengthen the provisions in clause 9 that seek to expand the provision for voters with disabilities from a narrow and restrictive provision specific to blind and partially sighted voters to one that supports the needs of a wider range of voters with disabilities, increasing the overall accessibility of our elections. For too long, we have had a requirement in law to provide a single device, which has hindered innovation in this area. We are grateful for the work of Lord Holmes, who worked with both the Government and external organisations to strengthen these measures in the Bill by specifically highlighting the importance of supporting electors’ ability to vote independently and secretly, all while maintaining our policy aim of moving away from a limited prescriptive approach to more flexibility and innovation. These amendments will also enable the support for disabled voters to be monitored effectively through Electoral Commission reporting, and will require in law that there is guidance to promote consistency, for which returning officers must have regard. That guidance will be developed in consultation with organisations representing people with disabilities. For those reasons, I commend the amendments to the House.
The Government also support Lords amendments 20, 21, 103, 104 and 111 tabled by Lord Hayward. These amendments make sensible changes to the rules for candidates standing in elections, which were first raised in this House by my hon. Friend the Member for Bosworth (Dr Evans). Lords amendment 21 will allow candidates the additional option of citing their local authority area on the ballot paper for UK parliamentary elections, as they already can for local elections. That will make it easier for candidates to demonstrate locality while preserving protection for their personal safety. I particularly thank my hon. Friend for raising this topic and I hope he is pleased with that outcome.
Lords amendments 20, 103, 104 and 111 widen the scope of the current provisions concerning the use of commonly used names to allow candidates to include on their nomination paper any name they commonly use as a forename or surname, such as their middle name. This is already facilitated in practice by returning officers, but it is not provided for in existing electoral law, so it is right that the Bill is amended for consistency. I commend these amendments to the House.
Lords amendments 34, 35 and 36, tabled by Baroness Noakes, are technical amendments that bring this clause into line with more standard accounting practices, so I commend them to the House. Finally, Lords amendments 49, 29 and 39 were brought forward in the other House by Lord Hodgson. I am pleased to confirm that the Government are supporting them. They will introduce a duty on the Electoral Commission to produce a statutory code of conduct, providing much-needed certainty for third-party campaigners on how to comply with the rules related to third-party campaigning.
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to speak for the Opposition in these proceedings. We have said from the outset that this is a bad Bill. Rather than opening up our democracy, it closes it down and puts up barriers to participation, apart from for foreign donors, who will now have an unfettered ability to flood our democracy with donations from the comfort of an offshore tax haven.
We will get to some of the criticisms shortly, but I want to recognise, as the Minister did, some of the progress that has clearly been made in the other place. I pay tribute to my colleagues and teammates Baroness Hayman and Lord Khan for their work in this area. First, I come to Lords amendments 15 to 19, on assistance with voting for persons with disabilities. We raised this issue in Committee and during consideration of the remaining stages. I did not then and do not now believe it was the Government’s intention to make voting harder for disabled people, particularly those who are blind or partially sighted. But those who have been concerned about this matter have campaigned well and made their case strongly, and I am glad that it is has been recognised in the Bill. Like plenty of right hon. and hon. Members, I will be keeping an interest in this area, to make sure that returning officers continue to make voting accessible for everybody, regardless of disability, at every polling station.
Lords amendment 50 would remove clause 27, deleting the provision on joint campaigning that meant that spending by one entity in a joint campaign had to be counted by all entities. That never made sense to us and we are glad to see it dispensed with entirely. In his letter to his colleagues in the other place, Lord True paid tribute to the campaigning efforts of the TUC and of the Trade Union and Labour Party Liaison Organisation. He was right to do so, as their campaign was a brilliant one and I, for one, am glad it succeeded. Of course we will be supporting that this afternoon. Also, I am pleased to see that addition made via Lords Amendment 80 to wire in post-legislative scrutiny of this Bill. I would have such a provision in every Bill, as it is a good way of doing business. Beyond that, we do not have an issue with the tightening of provisions relating to secrecy, undue influence, candidate names, expenditure or electronic material. However, I will finish this section of my speech with a minor whinge, which I hope the Minister will address in her summing up. Lords Amendment 21, a Government amendment, deals with home addresses on ballot papers. Currently, as the Minister said, we or those who challenge us in elections to this place have a choice of having our home address or the constituency where we live on the ballot paper. For security reasons, that is a very good idea. Not only is it important for safety, but it allows voters to have a sense of where we are from. This provision adds a third option: we could specify which local authority we live in. That does not develop the original intent, because I do not think there is a case for safety there; I think this is there more for candidate vanity, and I am not sure what problem it is solving. So I am keen to learn from the Minister what needs to be addressed with that provision. It is not egregious enough for us to divide on, but I am keen to understand a bit more about why it is necessary.
I move on to the points of greater difference—the outstanding issues facing us. This Bill is littered with various things we have voted against throughout the process, in relation to voting, to political finance and to electoral systems, but today we are really down to just two issues: voter ID, as set out in part 1 of the Bill; and the independence of the Electoral Commission, as set out in part 3. The other place has done important work to help save the Government from themselves in this area, and it is sad that the Minister is not minded to accept that salvation, particularly on Lords amendments 22, 23 and 86. We have opposed and continue to oppose the introduction of voter ID. It is a solution in search of a problem; there is scant evidence of voter personation. In 2019, there were two major sets of elections—council elections in the May and a general election in the December—and in that year there was precisely one conviction for personation.
Christine Jardine (Edinburgh West) (LD)
Does the hon. Gentleman share my concern about the disproportionate effect that evidence suggests photographic voter ID might have on ethnic minority voting rates?
Alex Norris
I do have concern about who will miss out as a result of this. We know from the Government’s own figures that there are 2 million people without the right sort of photo ID. I see some shaking of heads from Conservative Members who are still listening to the debate, but it is not us making this point—the Joseph Rowntree Foundation has said that the poorest are six times more likely than the best off to miss out under the Government’s proposals. The key thing is: when all of us who can vote next Thursday stand in line to vote—and we hope the lines will be long—we are more likely to be hit by lightning three times than to be queuing behind someone who is committing an act of voter personation. Once again, this is a solution in search of a problem.
We have seen this in the pilots as well. As the Minister mentioned, the Government have done pilots in this area and if what happened in those were replicated across the country, 184,000 people who wanted to vote would be unable to do so. Again, that is a demonstration of why Lords amendment 86 is so important and why this is such a bad idea. This amendment does not delete the voter ID provision, as would be my preference and as we have sought to do in Committee and on Report. Instead, it just makes things a little easier by expanding the list of accepted ID at polling stations. That is a worthy compromise, and I am surprised that the Government have not sought to take it.
The Minister has talked about the provision of a voter card from the local authority, but she has not yet said who is going to fund that. May we have a concrete assurance that that will come from central Government funding and it will not be put on the rate payers? Will she also assure us that thoughtful consideration has been given to the pressures on our electoral administrators, since the demand for these voter cards will peak at the same time as demand for postal votes, voter registration and proxy votes? Our electoral administrators, who do such a great job, are already overburdened, so I would love to know what assessment had been done of the capacity to deliver those things. The Lords amendment would ameliorate many of those challenges.
We always seek to be helpful to the Government, and Conservative Members will know that their manifesto pledge on voter ID was that they intended to introduce simply voter ID, not photographic ID—the word “photographic” was not mentioned. So the solution proposed in the amendment is very much in line with what they have committed to. We know that the alternative, which is forcing through photographic ID, is about a form of ID that more than 2 million voters lack, according to the Government’s own figures. This was an opportunity to do better and the Government should have taken it. We certainly will be pressing that point.
Lords amendments 22 and 23 remove clauses that undermine the independence of the Electoral Commission. It is worth saying, although it is staggering that this needs to be said, that it is not for this Government or any Government, be they Labour or Conservative, to dictate the priorities of an independent watchdog, especially one that regulates our own elections. One would think that that would be axiomatic, but we have seen this creeping culture of the Government trying to put their thumb on the scale, whether in the scandal with one of our former colleagues at the end of last year or in the debacle last week relating to the privileges motion. This very much sits within the same family, and although the public do not necessarily take interest in the granular details of particular bits of legislation such as this one, they are starting to pick up on this constant pattern of injustice and unfair play. This really is another example of it.
Let us do a useful thought experiment: if something like this happened in a nearby democracy, or perhaps a country where we were concerned about the future of its democracy, and it said that it wanted its Executive to be able to direct its electoral commission, would we not say that that did not feel right? I do not think that it feels right in this case. Although he is not in his place, I pay tribute to the hon. Member for Hazel Grove (Mr Wragg) and the Public Administration and Constitutional Affairs Committee, which he chairs, and to the Electoral Commission, which has made persuasive arguments for the protection of the commission’s independence. The Minister said that the Secretary of State would not have broad-ranging powers or interest in directing the work of the commission. In the annex to his response to the hon. Member for Hazel Grove, the Secretary of State said:
“The Strategy and Policy Statement (clause 15) will provide an opportunity for the Government, with the approval of the UK Parliament, to outline a clear articulation of principles and priorities for the Commission to have regard to when going about their work—particularly in areas where…the Commission are exercising the significant amount of discretion they are afforded in terms of activity, priorities, and approach.”
I do not think that quite chimes with what the Minister says: it is clear that the Government do fully intend to use these powers significantly and we should be very concerned about that.
I want briefly to reference the Government amendment in lieu. It is better, and it is welcome to hear that the Secretary of State’s statements will need to pass both Houses; that greater degree of scrutiny for Parliament is good. Similarly, the point around individual investigations is a welcome clarification, but it does not change the basic question: why are we doing this at all? There has been no clarity from the Minister previously or in her opening remarks today about what the problem is for which a solution is sought. We strongly believe that the regulation of elections must be independent, impartial and free from political control, and the Government’s proposals, whatever might be said, challenge and compromise this principle, so I think it is very surprising that we are having this conversation.
I will finish there. The problems boil down to two points: voter ID and the Electoral Commission. We will continue to push those points and defend the very good amendments made in the other place.
Chris Clarkson (Heywood and Middleton) (Con)
It is a pleasure to speak in this debate, as I have at every stage of this Bill, and I am sure the Minister will agree that it is nice to be on the home stretch after so long, especially as she very bravely took over halfway through. I know today could potentially be quite a long one and we are all keen to get to Prorogation so that those of us with candidates can get out on the doorsteps campaigning in the local elections, so I will not take too long.
I spoke previously about my psephological exuberance, and I am afraid that today I will expose my psephological exasperation at some of the amendments that have come back from the Lords. I am, as we would expect from the Parliamentary Private Secretary to the Leader of the House of Lords, a keen advocate of the upper Chamber and the excellent work it can do in refining legislation, as has been the case here. As such, I do not intend to speak to the amendments the Government are accepting; I think they speak for themselves, but I do welcome the refinements they present. Instead I shall touch briefly on Lords amendments 22 and 23 in the name of Lord Judge and then on amendment 86 in the name of Lord Willetts.
On amendments 22 and 23, clauses 14 and 15 will allow the Government, with the approval of Parliament, to clearly articulate the principles and priorities for the commission to be guided by when discharging its duties, especially where primary legislation is not explicit and where the commission enjoys a great degree of latitude in priorities and approach. Fundamentally, we should have confidence that there is a clear framework underpinning the role and duties of the commission in its work. At present, just three of the sitting commissioners have any electoral history of their own and, however august their CVs may be— and I absolutely accept that they are—they are not experts in elections or electoral law, nor do they have any lived, practical experience that informs their decision making.
Setting appropriate thematic guidance is wholly appropriate and clauses 14 and 15 give the power to the Speaker’s Committee on the Electoral Commission to approve that guidance. Despite some of the alarmist talk about this part of the Bill from those on the Opposition Benches, this does not take away from the independence of the commission, and I think if anyone were to be truly honest they would agree that the commission has not steered entirely clear of controversy or perceived bias in its past. We know at least of one recent case where its decision was overturned, in relation to the referendum; in fact, a former head of the commission was actively campaigning in that referendum. I want a robust commission, not one that plays fast and loose with the rules and gives itself carte blanche to do as it pleases. That said, I will be supporting Government amendments (a) to (k), which refine the Government’s approach.
Amendment 86 seems, I am afraid, to be another attempt to override the voter ID provisions of the Bill. The specified list of IDs, including the freely available Government ID to be introduced, provides a wide-ranging yet robust range of options to validate the right to vote. We have heard some disgraceful attempts to paint voter ID as a form of voter suppression against certain minority groups. I was told by a member of the Labour party in the Bill Committee that I, as an LGBT Member, would not be able to vote because of this new provision; it was absolutely disgusting. This is dog-whistle politics at its worst and Opposition Members should be ashamed.
In fact, just yesterday the Supreme Court ruled on this matter and I will read from the judgment:
“I consider that if persons have confidence in the electoral system by the elimination or reduction in voter fraud then they might be encouraged to vote by virtue of their increased confidence in the electoral process.”
In other words, the Supreme Court thinks this makes it more likely that people will vote.
According to work conducted by the Electoral Commission, two thirds of voters support voter ID, just 4% of people surveyed did not have any of the qualifying ID in the Bill, and just 17% of those people said they would not take up the freely available ID. [Interruption.] The hon. Member for Nottingham North (Alex Norris) is chuntering from a sedentary position; if people choose to absent themselves, that is their choice.
Opposing or undermining this measure is at very best to turn a blind eye to the problem. I asked in Committee and on Third Reading and will ask again: what is an acceptable level of fraud? How many votes is it okay to steal before we feel we have to act in legislation? [Interruption.] Absence of evidence is not evidence of absence; I am sorry, but I have heard this argument several times and it is spurious. We should want to be the envy of the world by having the most robust electoral system, and that can be achieved by doing what Northern Ireland voters have been doing for a very long time, and what most voters who turn up to the polling station with their polling card think they already have to do: prove who they are and that they are eligible to vote where they are trying to.
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Brendan O’Hara (Argyll and Bute) (SNP)
Does the hon. Gentleman therefore accept that turning up with a polling card proves that we are who we say we are, and if that is the case why does he reject the long list from the Lords? If he accepts that a polling card says who we are, why not the list from the Lords?
Chris Clarkson
No, the hon. Gentleman was not listening to what I said. I said people turn up with a polling card; I did not say that that is an appropriate form of ID. People already assume they have—[Interruption.] No, I did not; I encourage the hon. Gentleman to read Hansard because he clearly was not listening. [Interruption.] No, he was not. An appropriate form of ID is something that will definitively prove who we are.
I can give a perfect example of this. I share an office with my hon. Friend the Member for Eastleigh (Paul Holmes). His surname is the same as my stepfather’s. I could go and vote on behalf of my stepfather by taking something that demonstrates that I am him, because I can just take it off his desk. That is how unrobust this approach is.
Paul Holmes (Eastleigh) (Con)
My hon. Friend is correct: we do share an office and I enjoy doing so. He has made a completely acceptable point. Opposition Members keep saying that there is no proof of electoral fraud. Does my hon. Friend agree that I can pick up an electoral card from anyone’s doorstep and claim when I turn up at a polling station that I have their name and address with no proof? [Interruption.]; yes, I can. [Interruption.]; yes, I can. I can do that with no proof that that is not me, which exactly shows why we need to introduce voter ID in this Bill.
Chris Clarkson
My hon. Friend is entirely correct, and if the Opposition are saying that there is no proof of this, I can tell them now in relation to Rochdale Borough Council’s election this coming month that a member of the Labour council accepted a caution for electoral fraud—he voted twice. So do not spin the line that this does not happen.
Patrick Grady (Glasgow North) (SNP)
Is that not therefore evidence that the current system works? The kind of behaviour the hon. Gentleman’s party colleague, the hon. Member for Eastleigh (Paul Holmes), has just described is already against the law and will be identified by the polling clerks if someone turns up and tries to vote twice.
Chris Clarkson
As I have said, absence of evidence is not evidence of absence. We do not know how many times this is going on. I ask the hon. Gentleman: how many votes is it okay to steal in Scotland? Is there a different metric—is there a Barnett consequential for electoral fraud? It is ludicrous that this is being opposed, and we have to ask what the motive is from the Opposition Benches; I am pretty sure most sensible people can infer why they oppose it.
Brendan O’Hara
I shall seek to give a calm and reasoned response to the hon. Member for Heywood and Middleton (Chris Clarkson), and I rise to speak in favour of Lords amendments 22 and 23, which, as we have heard, seek to preserve the integrity and independence of the Electoral Commission, as well as Lords amendment 86, which says that, if we have to go down the road of providing ID at polling stations, what is deemed as an acceptable form of ID should be greatly extended to allow as many people as possible to participate in our democracy.
Having sat through hour after hour of the Bill Committee searching for evidence that any form of ID was actually necessary, nothing—particularly, I have to say, after the hon. Gentleman’s contribution—will shake me from the belief that there is no need for this. From day one this has been, as the hon. Member for Nottingham North (Alex Norris) said, a solution in desperate search of a problem. From the very first day of our evidence sessions, many months ago, I was convinced—I remain convinced—that the desire to produce photographic ID at polling stations is nothing less than a cynical ploy to disenfranchise a sizeable section of the electorate, and to give the Conservative party an advantage on polling day.
I thank the Lords for their valiant efforts to rescue something from this utterly appalling Bill. I know that they did a great deal of work on it and have tried to remove or soften some of its more unpleasant and fundamentally undemocratic aspects, but as I said in Committee, on Second Reading and on Report, the Elections Bill is rotten to its core. The Lords could have gone through the Bill for a month of Sundays and it would still be rotten to its core.
I believe that, in a democracy, the best place for the Bill would be in a chamber of democratic horrors in a political museum, where it would be brought out—along with the Nationality and Borders Bill and the Police, Crime, Sentencing and Courts Bill—to be shown to aspiring politicians with a warning that said, “Look what we nearly did to our democracy.”
When we sent the Bill to the Lords, it was an affront to democracy, and however it was amended, there was not a snowball’s chance in hell that it would return and be anything but an affront to democracy. However, in the spirit that something—anything—is better than nothing, the SNP will support the amendments made in the Lords.
One of the most egregious ideas contained in the Bill was always the plan to politicise the hitherto independent Electoral Commission by placing it under the direction of the Government and having Ministers set its policy direction and strategy. The independence of the Electoral Commission is fundamental to maintaining public confidence and trust in our electoral system. In a healthy democracy, the idea of the independent referee having its strategic direction dictated by the sitting Government beggars belief. Giving this or any future Government the power to direct the work of the commission is fraught with danger, and if the public, campaign groups, political parties and individuals start to believe that the decisions of the commission are politically motivated, or that they are tainted by party political bias, the commission’s trusted position of impartial arbiter will disintegrate in short order.
Christine Jardine
The hon. Gentleman is making a powerful speech with many good points. Does he share my surprise that those on the Government Benches are not prepared to take into account the fact that the Lords tabled a cross-party amendment to deal with the concern that he and I share about undermining the Electoral Commission? That concern is obviously shared in the other place. Perhaps the Government could take that into account before dismissing that amendment.
Brendan O’Hara
I share the hon. Lady’s concerns. Those great concerns are felt not just on these Benches, but in the other place, as well as beyond Parliament. Among non-government organisations, individuals, trade unions and political parties, there is a genuine fear that our democracy is being undermined.
On our first day of taking evidence in Committee, Professor David Howarth, who served on the commission between 2008 and 2018, said of the idea:
“This would have been unthinkable in my time… I do not think anyone would have ever imagined this was a good idea. It is an open goal for the opponents of western democracy. If you are President Xi, you might think this is the kind of thing you want—all the institutions of the state lined up behind the governing party—but not in this country. It is completely unthinkable.”––[Official Report, Elections Public Bill Committee, 15 September 2021; c. 39, Q51.]
He is absolutely right. It should be unthinkable, and even at this late stage, I urge Government Members to stand up for democracy, defend the independence of the Electoral Commission and join us in supporting Lords Amendments 22 and 23.
I turn to Lords amendment 86, which would greatly expand the number of forms of identification that would be acceptable for receiving a ballot paper. I have made the SNP position on the principle of voter ID quite clear. That position was confirmed in the Bill Committee’s earliest evidence session, when witness after witness made it clear that personation was not a problem. Even the Government’s star witness was forced to admit that postal vote fraud was a far, far greater problem that had to be tackled, but conveniently, it is not tackled in this Bill. Yet here we are creating solutions for a problem that no one really believes exists, and the Government are rejecting reasonable proposals from the Lords. I regret that the Lords have conceded on the principle of ID cards, but simply extending the acceptable forms of ID would have been a far greater and more reasonable compromise.
Paul Holmes
I genuinely thank the hon. Gentleman for giving way. He keeps saying that there is no evidence of voter fraud when it comes to voter identification, so I will very calmly ask him again. If I go to a polling station with somebody else’s voting card and vote on their behalf—that is personation—and that person turns up afterwards to vote for themselves, it is very unlikely to be proven that that is what has happened. The lack of ability to prosecute on that basis is exactly why we need voter identification.
Brendan O’Hara
First, I would say to the hon. Gentleman that he is breaking the law, and he will, if caught, be punished. Secondly, there is no evidence whatever that that is a widespread practice, but there is great evidence that there are problems with postal voting fraud. The Bill does absolutely nothing to address them. It looks in the wrong place because it is more convenient to those on the Government Benches to look for a problem rather than address a problem, as they, and even their star witnesses, have identified.
I cannot fathom why the Government would object to people to bringing along a birth certificate, a marriage certificate, a credit card, a bank statement that is less than three months old, a national insurance card, a council tax demand letter or a mortgage statement. I just cannot understand.
Brendan O’Hara
I will just finish this point. Would the Government really have us believe that there would be an explosion of forged birth certificates being secretly traded outside polling stations; that a thriving black market in dodgy council tax demand letters would emerge, fuelled by desperate party activists; or that eBay would be awash with folk flogging their national insurance card to the highest bidder in a key marginal. It is utter nonsense! They know it is nonsense, and there is no evidence to suggest otherwise.
Christine Jardine
On the hon. Gentleman’s point about birth certificates, like many other married women in this country, my professional name is different from my married name, but it has always been accepted by the Passport Office, the bank and every other legal authority I know that my marriage certificate, which has both names on it, is proof that I am the same person. I cannot understand why the Government will not accept it as identification when voting.
Brendan O’Hara
The hon. Lady makes a good point. Sadly, as with so much of the Bill, there is no common sense—indeed, no principle is involved. It is grubby attempt after grubby attempt to game the system in order to secure short-term electoral benefit for the Conservative party. If the price to be paid is a lessoning of participation in elections, I am afraid that is the choice made by Conservative Members.
From the outset we have opposed the Bill as being fundamentally undemocratic. Rather than being improved by its progress through this House, it has become even more undemocratic. I am delighted that the Scottish Parliament has refused to give it legislative consent. I thank the Lords for their attempts to improve the Bill and, in recognition of their efforts, we will support their amendments, but as the old adage says, there are some things in life that you just cannot polish, and this Bill is most certainly one of them.
Beth Winter
How do you follow that?
In the week in which the Government intend to prorogue the House, they have voted to carry over three Bills, and this is the fifth Bill they seek to force through following repeated Government defeats in the Lords. The Government really are losing their grip, and I regret that, in response, they are seeking to grab democracy by the throat.
I wish to confine my comments to Lords amendments 22, 23 and 86, which I support. First, let me highlight the extraordinary developments regarding the clauses that affect the work of the Electoral Commission. I express my support for Lords amendments 22 and 23, which removed what were clauses 15 and 16. As others have said, those clauses gave the Government the power to establish a Government strategy and policy statement for the Electoral Commission, and to place a duty on it to have regard to guidance issued by the Government relating to any of its functions.
3.30 pm
The Bill’s erosion of the commission’s independence gave rise to the letter signed by its chair and all but one of its board members on 21 February this year, which said:
“It is our firm and shared view that the introduction of a Strategy and Policy Statement—enabling the Government to guide the work of the Commission—is inconsistent with the role that an independent electoral commission plays in a healthy democracy. This independence is fundamental to maintaining confidence and legitimacy in our electoral system.”
The letter went on:
“The Commission’s accountability is direct to the UK’s parliaments and should remain so, rather than being subject to government influence.”
For that reason, I urge the Government to think again about the measures.
The Public Administration and Constitutional Affairs Committee also wrote to the Minister only last week to strongly urge the Government to accept the amendments tabled in the House of Lords by Lord Judge that removed clauses 15 and 16, as the Committee recommended in its report. Furthermore, in lieu of any Government support for the amendments, the Committee urged the Government to consider amending the Bill
“to provide that the Electoral Commission is able to depart from the guidance set out in the Statement if it has a statutory duty to do so or if it reasonably believes it is justified in specific circumstances”.
Regrettably, the Government have not done so, which is why I support Lords amendments 22 and 23.
Let me turn to Lords amendment 86, on voter ID, in respect of which I wish to draw some parallels with the Welsh experience. Initially, the Welsh Government withheld legislative consent for the Bill because it affects Welsh elections, because there was an issue with consulting the Welsh Government and because it negatively affected devolved powers. However, the Government have since conceded on some of those concerns and it is welcome that their voter ID proposals will not now apply to Senedd or Welsh council elections.
Although the Senedd has now granted legislative consent, there are still concerns about the Bill in all sorts of respects, but specifically with regard to voter ID. The Welsh Government say that the UK Government plans for voter ID risk making voting harder. Although I welcome the fact that the provisions do not apply to Wales, the inconsistencies between UK parliamentary elections and Welsh elections will cause all sorts of confusion for electors in Wales.
I support Lords amendment 86, which was tabled by Lord Willets and adds an additional list of documents that would be accepted as a form of identification for electors, for the reasons already given. The relevant part of the Bill is discriminatory and will disenfranchise millions of people. We already have extremely low turnouts for elections—the evidence is there—which is why in Wales we are doing the opposite and looking into different methods to encourage people to turn out to vote.
I will conclude with a quote from our Counsel General, Mick Antoniw, because the Welsh Government remain opposed to the Bill, which they believe—Opposition Members share these views—
“is more about voter suppression and enabling foreign funding than enhancing electoral democracy and integrity.”
Patrick Grady
It is a pleasure to follow the hon. Member for Cynon Valley (Beth Winter), who is essentially right in everything she says.
The scrutiny of this Bill so far has been an absolute travesty of the democracy it is supposed to regulate—the lack of engagement on the Government Benches is testimony to that. The Government changed the scope of the Bill after Second Reading, and crashed it through a Bill Committee, despite the fact that constitutional Bills should be considered in Committee of the whole House. Now the Lords, for their own mysterious reasons, have sent it back, largely with Government corrections and a few meagre concessions. We applaud the Lords on taking a stand on voter ID and the role of the Electoral Commission, but their lordships should have forced the Government into using the Parliament Acts to get the Bill through, given the damage it will do to what remains of Westminster democracy.
The amendments on the right of voters with special needs, particularly those who are blind or partially sighted, to vote independently and in secret are welcome, although they do not go as far as the Royal National Institute of Blind People has called for them to do. Indeed, they do not go as far as the original legislation that this Bill is changing, so once again this is a Bill seeking to solve problems that did not previously exist; it is creating its own problems. There must now be clear guidance on how those provisions are implemented, and careful monitoring and reporting to ensure that those with specific requirements can vote in confidence, in every sense of that word.
It appears from the Minister’s comments that the Government think we should be grateful for the various concessions that respect the devolution settlement and the right of the devolved institutions to manage and regulate their own elections. She said that she had difficulty engaging with Scottish Government Ministers and officials. Well, perhaps if this Government had started the process before the Bill was published, and perhaps if there had been proper prelegislative scrutiny, a lot of that would not have been necessary. The reality, of course, is that the Scottish Parliament has refused to give legislative consent for the Bill as a whole.
What mostly seems to be happening, through these amendments, is the result of a late realisation that all the different electoral cycles in the UK mean that we would never be out of “regulated periods” across the UK, which would make the Tories’ predilection for dark money and AstroTurf campaigning a little trickier. I am not sure that the changes have been made in the best interests of the devolved institutions.
Where the Lords have chosen to take a stand, the Government and this House should be paying close attention. The integrity of the Electoral Commission ought to be protected, and the easiest way to do that is to support the Lords in their amendment removing the two clauses that would allow Government direction and interference. We demonstrated throughout consideration in Committee and on Report the danger of the Government’s plans to allow for ministerial direction of the commission, which is pretty much unprecedented in western democracies. The Government’s amendments in lieu, such as they are, do not go nearly far enough and are themselves a concession that they were trying to overreach with the powers they put into the Bill, so we should agree with the Lords and just take those clauses out entirely.
The House should also support the Lords on their amendment 86. It is disappointing that they did not remove the clauses on photo ID altogether. Again, throughout the Bill’s progress in this House, we have heard how the requirement to present photo ID will depress turnout and make it more difficult for those who are already in marginalised groups to have their voices heard at the ballot box. We heard that repeatedly in evidence and, as we have heard from other Members, that has been heard by the Public Administration and Constitutional Affairs Committee.
We hear Members say, “Well, what level of voter fraud is acceptable?” There is no evidence that voter fraud at the moment is as rife as they are pretending.
Chris Clarkson
I will ask the hon. Gentleman the question again, since he wants to challenge it: what does he think is an acceptable level of voter fraud?
Patrick Grady
The point is that voter fraud, to the extent that it exists—personation, as the Labour Front-Bench spokesperson said—is in single figures. There is no evidence whatsoever that personation is actively affecting the result of any election taking place anywhere across the country.
Chris Clarkson
Even if we accept the premise that it is in single digits, is that acceptable?
Patrick Grady
Of course it is not acceptable, which is why it should be punished to the full extent of the law, which it is. We have heard several times in this debate that if someone votes twice, they have broken the law and they go to jail. That does happen, as we have heard—
Patrick Grady
I think the ping-pong is supposed to be between this place and the upper House, rather than across the Floor of the Chamber, but I will give way.
Chris Clarkson
Will the hon. Gentleman accept that some crimes go undetected?
Patrick Grady
I think we are getting slightly philosophical here. The reality is that when voter fraud/personation is detected, it is punished to the full extent of the law. We heard in evidence that it is an incredibly inefficient way to swing the outcome of an election. As my hon. Friend the Member for Argyll and Bute (Brendan O'Hara) said, people who want to swing the outcome of an election can do so in far more effective ways that are not tackled by the Bill, starting with the kind of postal vote fraud we have heard described. All that this little ping-pong exchange has done is serve to demonstrate that this is, as others have said, a solution in search of a problem.
The fact that this is ideologically motivated, for the Government’s own reasons, is demonstrated by their unwillingness even to accept the relevant Lords amendment, such as it is. One of the counter-arguments we heard from Government Members was about other circumstances in which ID needs to be presented—for example, when collecting a parcel at the post office. Lords amendment 86 extends acceptable forms of ID for voting to include the kind of ID that would be acceptable in collecting a parcel at a post office counter, so, on the basis of that argument, I am not entirely sure why that is not acceptable to the Government.
The Order Paper notes under the listing of this business that the Scottish Parliament has refused legislative consent for the Bill. Once again the Government are ignoring the Sewel convention and showing their disregard for the devolution settlement. Constituents in Glasgow North have written to me in large numbers opposing this Bill. All of this, alongside the Government’s refusal to accept Lords amendments 22, 23 and 86, simply demonstrates the growing divergence between politics in this place and the direction of travel in Scotland.
Tom Randall (Gedling) (Con)
I thought that we also learned in Committee that the voter ID proposals would actually make us a more European country, in that they introduce things that we see in European voting systems. I am surprised that the hon. Gentleman disagrees with this divergence, and would have thought he would welcome it if he wants Scotland to be at the heart of Europe.
Patrick Grady
I am delighted by the hon. Gentleman’s conversion to the cause of European democracy and alignment. The simple answer is that Scotland has one of the widest, most open and transparent franchises that has ever existed in western democracies. It includes 16 and 17-year-olds, asylum seekers—people who have made their home here—and people who are serving certain types of prison sentence, because we want to rehabilitate everyone and bring them back into the democratic fold. That is the franchise that will deliver independence for Scotland. Unlike the UK-wide franchise—[Interruption.] Conservative Members seem to find this highly amusing. They can laugh all they want once Scotland has voted for independence in the next couple of years, because that is the reality; it is not far away now, and it will be achieved on that wide and open franchise, whereas the UK-wide electoral system will be weakened and undermined by this Bill and by the Government’s refusal to accept the Lords amendments before us.
John McDonnell
I apologise to the Minister for being a few minutes late and therefore missing her introduction; I received a green card asking me to visit a constituent who was lobbying me.
Madam Deputy Speaker (Dame Rosie Winterton)
I can assure the right hon. Gentleman that I knew he was here before, out for a very short time, and here for the majority of the Minister’s opening speech.
John McDonnell
The constituent was lobbying on the abolition of imprisonment for public protection, and I am visiting one of her sons in prison, so I felt the need to see her.
I want to make three very simple points. When we get to this stage in the parliamentary Session, people start to become a bit light-headed, so let us try to concentrate on three issues. I am a member of PACAC, whose Chair, the hon. Member for Hazel Grove (Mr Wragg), is here. Every time he makes a parliamentary intervention, he increases my respect for him. Electoral officers were looking for a Bill that was much more comprehensive and wrapped up a whole range of issues; they were looking to bring together existing practices in one piece of legislation, and to look at new challenges that they faced. Those challenges are not reflected in the Bill.
On the amendments, one of the main concerns about the operation of the Electoral Commission that the Government seem to identify is that it needs more direction by way of a Government ministerial statement. That was not part of any of the evidence that we heard from electoral administrators. This goes to the heart of the independence of the electoral administration of this country. That is why people are fearful. I have ranted on this before, and do not want to go into the arguments again about our being on a slippery slope to something that could be quite dangerous. However, if there is to be a statement from the Secretary of State, which I think is completely wrong, there needs to be at least some acknowledgement by the Government that there should be more of a role for Parliament in drafting it.
I want to ask the Minister a question, and I will give way if she can respond. Did I hear correctly that the statement will be dealt with by the affirmative procedure, but not the super-affirmative procedure? Can she clarify that by way of intervention?
John McDonnell
We introduced the super-affirmative procedure about a decade ago, I think, and it enables the House to amend the statement. What happens under the super-affirmative procedure is that the Minister publishes the statement, there is consultation, the Parliament comments on that, and then the Minister brings back the statement in the light of those comments. Actually, it works. If we look at past practice, what has happened is that even when there has been considerable dispute, the Government and the Secretary of State have usually been able to amend the statement and we have reached consensus. I urge the Government to follow that procedure, rather than the “take it or leave it” of the affirmative procedure.
We raised this issue in the Public Administration and Constitutional Affairs Committee with the Secretary of State. With the Government majority as it is, “take it or leave it” means that the Secretary of State is dictating terms to the Electoral Commission and therefore undermining the independence of the commission, as my hon. Friend the Member for Cynon Valley (Beth Winter) said in quoting the letter from the commissioners themselves.
In another debate on another matter some years ago, people on the Government Benches—I thought it was interesting and constructive—said, “When you legislate for this, you have to legislate for your worst scenario.” Someone stood up and said, “Just think if John McDonnell was in power.” I therefore just say this: what we legislate for today might well be done in good faith by Government Members, but we have to guarantee in legislation for the future at least some form of level of practice that we can all support. I disagree with the whole concept of the statement, which undermines the commission’s independence. If we are to have one, at least give us the opportunity to have a proper debate and amend the statement before it is formally agreed.
My second point is about ID. On PACAC, we could not find evidence of large-scale electoral fraud. To address the point that the hon. Member for Gedling (Tom Randall) was making time and time again very eloquently, and at times with some amusement, the issue around it is that if we cannot find the evidence, it might still be happening. We therefore have to make a judgment when legislating as to whether the remedy we are introducing will cause more harm than the problem we are addressing. That is a subjective judgment.
A number of us have come to the view that, no matter how many times we have trawled for evidence of large-scale electoral fraud, we could not find the evidence that there were not sufficient powers to deal with the issue. The only time there was a real problem was Tower Hamlets. There was a special investigation, and special measures were taken, and I hope and believe the problem has been properly addressed. My worry is that the remedy we are introducing will suppress votes, whether intentionally or unintentionally, and will do greater harm than the harm we see at the moment, which is relatively minuscule, but there we are—that is a judgment.
Tom Randall
I enjoy serving with the right hon. Gentleman on PACAC. As a footnote to what he is saying, one of the concerns I have, which is shared by many—I know we divided on this in the Committee, and I found myself in a minority of one—is that allegations of offences are not properly investigated by the police. He might consider that to be a separate issue. As another footnote, he mentioned Tower Hamlets. Next week, we find ourselves in the horrible situation that Lutfur Rahman, who was the man who perpetrated all that electoral fraud, is on the ballot paper in Tower Hamlets. It is a fact that these problems have only been investigated to an extent, it seems.
John McDonnell
That is a valid point. Rather than change legislation, which could introduce a remedy that does more harm than good, it is a matter of looking at how the existing system is working to ensure proper resources for investigation. The point that the hon. Gentleman makes about the individual—I will not name them—is about whether the sanctions were severe enough to prevent such a return. That is the way forward on all that.
The other aspect is about the list of alternative provisions that the Lords have come up with. If the Government had looked at them and said, “Okay, we’ll accept some and not others,” that would have been a better approach, because it would have demonstrated an open mind to work towards something that I think could operate effectively, even though I oppose the whole concept of the use of ID as a result of this legislation. The Government did not even do that, however. To reject the list wholesale demonstrates that they have dug themselves into a hole. I think that we will have to come back to a new piece of electoral legislation in due course that does exactly what the returning officers wanted and consolidates our electoral registration and also remedies some of the unfortunately difficult parts of this legislation.
Those difficult parts could be quite dangerous. I caution about the issue around suppression. I stood for election in my constituency in ’92 when poll tax had been introduced and 5,000 people dropped off the register there—by the sound of it, most of them were Labour voters because I lost by 54 votes. That demonstrates that, if necessary, people will drop out of the system, which worries me. It is not so much that the votes go missing but that those people become distant from the democratic process. They do not engage and, if they do not engage once or twice, it is very difficult for them to re-engage. That is why what seems like relatively minor procedural legislation could have a dramatic effect, particularly in certain constituencies, and could be quite dangerous in the hands of future Governments. I urge the Government to think again on that.
Michael Fabricant (Lichfield) (Con)
I am following the right hon. Gentleman’s argument with great interest. A constituent of mine wrote from a church to say that a number of her colleagues in the church are too old so they do not have passports or driving licences. I looked on the Government website and it would seem that local government can issue photo ID cards. Does he not think that to achieve the democracy that he and I want, it is incumbent on local government—although I hate to throw things at it—to ensure that such people get voter ID cards and to publicise that they are available?
John McDonnell
Two things on that: first, the hon. Gentleman is right to make us wary of putting even more responsibility on local government given its financial situation; and secondly, those cards have to be applied for, which is another process to go through that becomes costly. The hon. Member for Gedling intervened; it looks as though only 70% of people will actually do that, so we are still looking at a number of people dropping out of the system altogether.
That is why, with other colleagues, we are looking at what else people will have that they could use and why I thought that the list in Lords amendment 86 was constructive. There might be elements of that about which the Government think, “Well, that’s a bit iffy,” but I would rather that they had come back and said, “Well, let’s rule these ones out but accept the others.” They did not, which for me undermines their argument that they are trying to construct a legislation that will work effectively to ensure maximum democratic participation.
I am trying to be ultra-reasonable here, because people can lose their temper about this sort of legislation. My view is that whatever ping-pong takes place now, the two elements that we are talking about could be easily remedied. I want them to be dropped altogether, but if the Government will not drop them, then on the statement we should use a super-affirmative resolution process, and on the voter ID stuff they should at least look at some of the mechanisms and the list that the House of Lords has put forward, because several of the items are perfectly valid for their use. I will leave it at that.
Jim Shannon (Strangford) (DUP)
It is a pleasure to contribute to the debate. I wish to speak to Lords amendments 106 to 109, as they pertain to local elections in Northern Ireland and elections to the Northern Ireland Assembly. I totally agree with what the Minister said earlier, in particular about photographic ID. We have had that in Northern Ireland for a number of years, and it has proven to be successful. I understand exactly the principles of why it is important. All a polling card confirms is the name and address on it; it does not confirm anything else. That is why I believe photo ID is critical.
In Northern Ireland, someone can use a passport, a driving licence, a SmartPass or a war disablement pass, because they all contain someone’s name and address and also their photograph. The Minister is absolutely right that those are methods of doing this. We also have another method—it goes back to what the hon. Member for Lichfield (Michael Fabricant) mentioned in his intervention on the right hon. Member for Hayes and Harlington (John McDonnell)—and that is electoral identification. Because we have an election coming up in Northern Ireland, people are coming in almost every day of the week to be registered so that they can use that electoral ID, with a photograph, which is recognised and issued by the Electoral Commission in Northern Ireland. It is done not by local government but centrally, by the Electoral Commission. Those are examples of why voter ID is important—because it works.
Michael Fabricant
I, too, am anxious that we do not see people not voting because of the problem identified by the right hon. Member for Hayes and Harlington. Is it the hon. Gentleman’s experience that in Northern Ireland, people do not vote because of the need for voter ID, or is that not an issue in practice?
Jim Shannon
I thank the hon. Gentleman for his intervention. He poses a question, but he also poses a solution. We both know what the solutions are, and clearly the Minister does too.
Gavin Robinson (Belfast East) (DUP)
There has been no discernible drop-off in voter turnout as a result of the requirement for photographic ID in Northern Ireland. I looked up the turnout figures in the constituency of the right hon. Member for Hayes and Harlington, and they are sitting at around 60% with no voter ID; in my constituency in Northern Ireland, where voter ID is required, turnout is higher. Voter ID has not had a discernible impact. I have been entirely frustrated during the passage of the Bill with the reticence from Labour. Does my hon. Friend agree that that has no factual basis and has not been borne out in reality whatsoever?
Jim Shannon
My hon. Friend is absolutely right, and I totally agree with him.
I looked through some of the things referred to in Lords amendment 86 as a “specified document”. Nearly half of them do not have any photographic ID. I could lift the cheque book of the hon. Member for Heywood and Middleton (Chris Clarkson), take it down to the polling station and pretend to be him, when that is absolutely not true, because that is one of the documents listed. This does not work with documents without photographic ID, so I come back to the point I made at the beginning—and I thank the Minister very much for setting the scene.
Sometimes I wonder about change. When the seatbelt legislation came in, we probably fought against that because it was an attack on our liberty, but we all wear a seatbelt now because it is the norm. When helmets were made compulsory for motorbike riders, some of us thought that was an attack on our liberty, but now people wear a helmet on a motorbike all the time. If photo ID comes in, it will be the same—it will be accepted—because the Government have a process that makes it simple and achievable. When electoral ID was first introduced in Northern Ireland, there was a £2 charge. There is no charge any more. The system works because the Government want it to work; they want people to go and vote. That is what this process has to be about—encouraging people to go and vote and use their franchise whenever they can.
I want to comment on some of the things that have been flagged up over time. It is important to feed into the process; while we have photographic ID, there are things that sometimes crop up in the process, and it is always good to exchange those things. I know that the Minister is always keen to see what we are doing across the whole of the United Kingdom of Great Britain and Northern Ireland, but in particular in Northern Ireland.
On voter ID, we have had photographic ID in Northern Ireland for some time. We encourage people to be paperless at work and to bank online, so I look at the requirements and wonder how people can provide a bank statement that is not a print-off. The problems are real.
Jim Shannon
Many people cannot follow it, and I suspect that I am one of them.
The denial letter is sent with the DRN on it. Again, the elderly and ill people ask, “What does that DRN mean?” I say positively and constructively to the Minister that I believe she will replicate what we have done in Northern Ireland and probably do it better, having learnt from some of the mistakes made back home. How do I explain to an 87-year-old woman—I will not mention her name—that the electoral office needs information that she did not know that she had and that, because she has been denied her vote at this time, I will have to borrow a wheelchair to take her down to vote? We will do that on the day, and she has not left her home in two years. I say that because the digital process was lost on that lady, and it is lost on many others.
The digital registration number is essential according to the legislation, yet it means nothing in practice. She had used her national insurance number for the last 65 years of her life, yet all of a sudden that is not what the electoral office wants. She understands that, but she does not understand what the DRN is. Again, that is about looking at how we can make the system better.
I believe we are overcomplicating the system, and it is the ordinary person who is the loser. Those sitting in a room fraudulently filling out postal vote forms know all about DRN—they understand it, but this lady does not. She will make herself ill getting to the polling station because she will not miss her vote. Never mind that she has had a postal vote for that address for many elections, there is no room in the legislation for common sense.
My fear is that the Lords amendments do not go far enough and complicate matters, which is why I look to the Minister and the Government for suggestions on how to take the issue forward. I welcome Lords amendments 15 to 19, which include explicit reference to voting in secret and “independently”, and would place new statutory duties on the Electoral Commission to draw up new guidance to support an independent and secret vote at the polling station from 2023, consult relevant organisations in the production of that guidance, and hold returning officers to account for following that guidance. However, as the Royal National Institute of Blind People says, the key question will, of course, be whether blind and partially sighted voters have better experiences at polling stations in 2023 and beyond. On that, it is clearly too soon to say.
I know the Minister is keen. I know the comments she has made in the past on ensuring those who are visually impaired have the right to have the same opportunity to vote and a system they understand. I know the Minister wants to make sure that happens, but perhaps she could confirm that that will be the case.
I will conclude with this comment. There is an overarching theme that this legislation may not be hitting. That is to encourage people to vote and not set up hurdle after hurdle for those who are minded to vote. If people want to cast their vote and use their franchise, and if we want to ensure they have that opportunity in whatever way they can—it is right that they should—then I believe this House must ensure that people have that vote. I look forward very much to what the Minister will say. I cast my mind back to our experiences in Northern Ireland and what we have done. Do not feel threatened in any way by photo ID. It works for us; it can work for you.
Kemi Badenoch
I have listened to the debate with interest. As shown by the amendments tabled today in relation to the Electoral Commission, the Government have been receptive to the representations made by parliamentarians across both Houses and have sought to provide reassurance where possible.
Before I conclude, I thought I might pick up on a number of points raised by Members. The Opposition Front Bencher, the hon. Member for Nottingham North (Alex Norris), asked about the purpose of candidates’ addresses. It is right that candidates who live just outside the constituency they are standing for, but who do not wish to disclose their home addresses, are not at a disadvantage because their local connection may not be recognised. Using local authorities is a balanced approach to that, while also protecting their safety. On Report, this was a cross-party amendment, so I know that Opposition Members agree. The option is already available to candidates at local and mayoral elections across local authorities, and we think it is appropriate to extend that option to candidates at parliamentary elections.
The hon. Gentleman asked about funding. New burdens funding will be provided to cover additional costs as a result of the changes, so local authorities will not be required to find it from their existing budgets.
The hon. Member for Edinburgh West (Christine Jardine) is no longer in her place, but she made an intervention on the hon. Gentleman about the suppression of ethnic minority voters. She is quite wrong. Her assertion that black voters are less likely to have ID is based on a stereotype that arose in the US and was true during the Jim Crow era. We do not have Jim Crow in this country. We never did. It is an offensive stereotype. It is not just offensive but wrong to say that ethnic minorities do not have photo ID. All other things being equal, ethnic minority voters in this country are actually more likely to have photographic ID. Speaking for first-generation immigrants like myself—[Interruption.] I am not addressing the hon. Gentleman; I said the hon. Member for Edinburgh West. We should agree across the House that ethnic minorities should not be used as political footballs to make those sorts of silly points when there is no evidence. I am glad that he agrees with me. It is a shame that the hon. Member for Edinburgh West is not in her place.
The right hon. Member for Hayes and Harlington (John McDonnell) raised the point about the strategy and policy statement, and he might be pleased with my clarification—I assumed that he was asking about everything in our new provisions on the strategy and policy statement. It will be subject to the approval of the UK Parliament and allow it a greater role in scrutinising the Electoral Commission. In applicable circumstances, the statement will be subject to statutory consultation to allow the views of key stakeholders to be considered before the draft statement is submitted for UK parliamentary approval. I think he will be pleased to hear that we tabled amendments (c), (h), (j) and (k) in lieu, which provide for enhanced parliamentary scrutiny—it is super-affirmative, as he mentioned—of a statement that has been subject to a statutory consultation by providing both Houses, with a supplementary opportunity to consider the draft statement and make representations before it is laid for approval.
However, not all changes to a statement will warrant a full statutory consultation, which is why, in some circumstances—if it is just a minor change—the Secretary of State will be able to disapply the statutory consultation requirement. The Government’s view is that it would be overly burdensome to apply enhanced parliamentary scrutiny to changes that did not warrant a statutory consultation.
The Scottish National party Members, the hon. Members for Argyll and Bute (Brendan O’Hara) and for Glasgow North (Patrick Grady), continued the theatrical representations that they have made during all stages of the Bill, repeatedly creating straw men that they could knock down and using so much circular reasoning that my head was spinning. We have covered those points many times, so I will not repeat them again, but I enjoy listening to them in these debates. I thank my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), who was excellent in making a lot of rebuttals to the points that they and other members of the Bill Committee made.
I thank the hon. Members for Belfast East (Gavin Robinson) and for Strangford (Jim Shannon), who very eloquently and strongly explained that voter turnout in Northern Ireland was not impacted by the introduction of photographic ID. That is yet another straw man. It is not true, and they said it far better than I ever could. The hon. Member for Strangford sought reassurances about a number of measures. I do not have the correct information to do so now, but I will ensure that my officials provide him with a comprehensive response.
I hope, in returning the Bill to their lordships, that hon. Members can send a clear message on the vital importance of ensuring that our elections remain secure, fair, transparent and up to date. The Bill delivers on the Government’s manifesto commitment to ensure the integrity of our elections and it will protect the right of all citizens to participate in our elections while feeling confident that the vote is theirs and theirs alone. I commend the Bill to the House.
Question put, That this House disagrees with Lords amendment 22.
Royal Assent
Thursday 28th April 2022
(2 years, 7 months ago)
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