All 34 contributions to the Elections Act 2022 (Ministerial Extracts Only)

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Tue 7th Sep 2021
Elections Bill
Commons Chamber

2nd reading & 2nd reading
Wed 15th Sep 2021
Wed 15th Sep 2021
Thu 16th Sep 2021
Thu 16th Sep 2021
Mon 20th Sep 2021
Wed 22nd Sep 2021
Wed 22nd Sep 2021
Tue 19th Oct 2021
Tue 19th Oct 2021
Thu 21st Oct 2021
Thu 21st Oct 2021
Tue 26th Oct 2021
Tue 26th Oct 2021
Mon 17th Jan 2022
Elections Bill
Commons Chamber

Report stage & Report stage
Wed 23rd Feb 2022
Elections Bill
Lords Chamber

2nd reading & 2nd reading
Thu 10th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Thu 10th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Tue 15th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Tue 15th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Thu 17th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Thu 17th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Mon 21st Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Mon 21st Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Wed 23rd Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Wed 23rd Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Mon 28th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1
Mon 28th Mar 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Committee stage: Part 2
Wed 6th Apr 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 1 & Report stage & Report stage: Part 1
Wed 6th Apr 2022
Elections Bill
Lords Chamber

Lords Hansard - Part 2 & Report stage: Part 2
Mon 25th Apr 2022
Mon 25th Apr 2022
Elections Bill
Lords Chamber

3rd reading & 3rd reading
Wed 27th Apr 2022
Elections Bill
Lords Chamber

Consideration of Commons amendments & Consideration of Commons amendments
Wed 27th Apr 2022
Elections Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading
Tuesday 7th September 2021

(3 years, 3 months ago)

Commons Chamber
Elections Act 2022 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
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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 Portrait Catherine West (Hornsey and Wood Green) (Lab)
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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 Portrait Chloe Smith
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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 Portrait Anna McMorrin (Cardiff North) (Lab)
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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 Portrait Chloe Smith
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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 Portrait Alex Sobel (Leeds North West) (Lab/Co-op)
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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 Portrait Chloe Smith
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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.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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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 Portrait Chloe Smith
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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.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
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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 Portrait Chloe Smith
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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 Portrait Joanna Cherry (Edinburgh South West) (SNP)
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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 Portrait Chloe Smith
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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 Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Ronnie Cowan (Inverclyde) (SNP)
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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 Portrait Chloe Smith
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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 Portrait John Redwood (Wokingham) (Con)
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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 Portrait Chloe Smith
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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 Portrait Mark Fletcher (Bolsover) (Con)
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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 Portrait Chloe Smith
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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 Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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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 Portrait Chloe Smith
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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 Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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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 Portrait Chloe Smith
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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 Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
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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 Portrait Chloe Smith
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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.

Alistair Carmichael Portrait Mr Carmichael
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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 Portrait Chloe Smith
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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 Portrait Catherine West
- View Speech - Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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.

Catherine West Portrait Catherine West
- Hansard - - - Excerpts

indicated dissent.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

The hon. Lady shakes her head, but that is what it does, and that is important.

Martin Docherty-Hughes Portrait Martin Docherty-Hughes (West Dunbartonshire) (SNP)
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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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Joanna Cherry
- Hansard - - - Excerpts

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.

--- Later in debate ---
Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait David Morris (Morecambe and Lunesdale) (Con)
- Hansard - - - Excerpts

Would this measure translate to websites fronted by political activists masquerading as members of the public concerned about a different cause?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Catherine West
- Hansard - - - Excerpts

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—

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Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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.

None Portrait Several hon. Members rose—
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Alberto Costa Portrait Alberto Costa
- Hansard - - - Excerpts

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.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

indicated assent.

Alberto Costa Portrait Alberto Costa
- Hansard - - - Excerpts

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.

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Robin Walker Portrait The Minister of State, Northern Ireland Office (Mr Robin Walker)
- Hansard - - - Excerpts

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 Portrait Alec Shelbrooke
- Hansard - - - Excerpts

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.

Robin Walker Portrait Mr Walker
- View Speech - Hansard - - - Excerpts

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 Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

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?

Robin Walker Portrait Mr Walker
- View Speech - Hansard - - - Excerpts

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.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

I want to address some of the evidence that the hon. Gentleman’s party asked for. One survey conducted just a few years—

Brendan O'Hara Portrait Brendan O'Hara
- Hansard - - - Excerpts

It is on that point.

Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

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?

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Robin Walker Portrait Mr Walker
- Hansard - - - Excerpts

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.

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18:59

Division 60

Ayes: 230

Noes: 329

Question put forthwith (Standing Order No. 62(2)), That the Bill be now read a Second time.
--- Later in debate ---
19:14

Division 61

Ayes: 327

Noes: 228

Bill read a Second time.

Elections Bill (First sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Wednesday 15th September 2021

(3 years, 3 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 September 2021 - (15 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

Thank you. Minister, would you like to ask the first question?

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
- Hansard - - - Excerpts

Q I would. First, may I welcome our witnesses? It is an absolute pleasure to have you here. You begin our day with the highest quality.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Across a selection of your cases—Tower Hamlets, Birmingham, and Slough—we see the range of corrupt practices, also known as crimes or elections fraud, including, as you say, postal voting practices, proxy voting practices and personation, notably, in Slough.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. Two questions, if I may: would you agree that, where one of those avenues may be cut off by the law, criminals might turn to others? Criminals, by nature, are able to use a range of techniques, and, naturally, wish to do so. Secondly, may I ask for your assessment of who the victims of such crimes are? Where does the harm fall?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Eric, you then had the opportunity to follow up on Richard’s work and to say what ought to be done about it. Is it still your view that something ought to be done about all of those things?

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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

Q Richard, can I start with you and the Tower Hamlets examples that you have already outlined? Thank you for that. You said that in Tower Hamlets there was a wide range of different types of electoral fraud that was used to try to manipulate. I was particularly struck by what you said about public funds being diverted for political advantage. Does anything in the Bill prevent public funds being diverted for political influence?

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Q If I may follow up on that, my question to you, Gareth, was going to be slightly different. It is on the policing of electoral fraud, particularly in relation to overseas voters. With regard to overseas voters making political donations that are unlawful, or voter fraud, what powers does the UK have to detect infringements and prosecute?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q I welcome all three witnesses. I have one question for each. Councillor Golds, thank you for giving us your time today. Can you tell us a little about the experience on the ground of how people might have been victims of electoral fraud in Tower Hamlets, and perhaps how difficult it can be for some of those stories to come forward?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q As a brief follow-up, could you please explain what types of fraud people may have encountered? Be specific; is it personation, postal votes or other types?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you very much indeed. I have a brief question for both Gillian and Assistant Chief Constable Cann. Gillian, thank you very much for joining us; it is good to see you again. We have done some work together, because Peterborough was part of early pilots on how to tackle electoral fraud, and you took forward measures about postal and proxy voting. With reference to the measures in the Bill—for example, clause 6, introducing the requirement of secrecy for postal votes—could you explain to us the problems you encountered, how you tried to deal with them and how you think the Bill will affect that?

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 Portrait Nick Smith (Blaenau Gwent) (Lab)
- Hansard - - - Excerpts

Q Good morning to the witnesses. I have two questions to ACC Cann. Do you think the penalties for those committing electoral fraud are sufficient to deter the bad actors?

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.

Elections Bill (Second sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Wednesday 15th September 2021

(3 years, 3 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 September 2021 - (15 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

Thank you. Minister, would you like to ask the first question?

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
- Hansard - - - Excerpts

Q As this is such a short session, I will ask one question each of our two witnesses. Mr Campbell, it is nice to see you here today; thank you for giving up your time. The Government’s call for evidence on the accessibility of elections showed that one of the main barriers to voting can be the definition of “companion” in legislation. Do you agree that the expansion of the definition of who can act as a companion will be of benefit and will support more elderly voters and voters with a disability in being able to vote in person?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Moving on to Mr Howarth—David, if I may—you have been a Member of Parliament, so welcome back; it is nice to see you today. You are a former Liberal Democrat Member, and it is great to have your particular intersection of experience. Knowing Parliament as you do, and knowing how, at its best, it can be a place for scrutiny, debate, insight and experience, do you think it is a positive addition to the accountability and governance of the Electoral Commission that we have a greater role for Parliament coming in? Or do you think that the work of the electoral commissioners and the Speaker’s Committee on the Electoral Commission as it currently stands is sufficient?

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—

None Portrait The Chair
- Hansard -

May I interrupt? Professor Howarth, we are having trouble hearing you. Could you turn your microphone up, please?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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?

None Portrait The Chair
- Hansard -

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q I have one follow-up question, on your time as an electoral commissioner, which as we all know is very different from the election commissioner role, on which we heard from Richard Mawrey earlier today. From your time in that role, David, could you give us examples of when you think there was effective governance and ineffective governance between the commission’s proposals or plans and the SCEC?

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Jerome Mayhew (Broadland) (Con)
- Hansard - - - Excerpts

Q Professor, you asked where this idea of the statement of principles and the policy framework for the Electoral Commission has come from. I hope you were able to hear the evidence in this morning’s sitting, particularly that from Councillor Golds, who gave damning examples of where evidence of widespread fraud was taken by him and others to the Electoral Commission and, in his words, ignored.

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Q I have one final question for Ailsa Irvine. The Electoral Commission reports to and is funded by the Scottish Parliament and the Welsh Senedd, as well as the UK Parliament. How do you think the changes in the legislation whereby the UK Parliament can set the strategic direction will impact the way in which the commission engages with the devolved nations?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Good afternoon to our three witnesses. Thank you very much for joining us. In our various ways, we know each other well from much work done over the years, so it is good to have you with us.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. I apologise; I meant in no way to put you on the spot. We have a note from the House of Commons Library that contains those figures, so I just wanted to give you an opportunity to expand on them.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Yes, indeed. I quite understand that. Without wishing to be facetious, for the benefit of the Committee, do you agree with me that absence of evidence is not evidence of absence?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you so much for sharing your insights. Ailsa, the Electoral Commission’s analysis across various years—I am looking at some from December 2015—concluded that voters’ confidence that elections are well run is consistently higher in Northern Ireland than in Great Britain. Can you say a word about what you know about that from your records? Could you also please explain to the Committee why it is that for many years the Electoral Commission has advocated the introduction of voter identification in Great Britain?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you very much.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you, Peter; that is so helpful. Might the standard that you refer to reasonably be something that would be provided in guidance and training?

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 Portrait Peter Gibson (Darlington) (Con)
- Hansard - - - Excerpts

Q Good afternoon. My first question is to Virginia. What advice would you offer the Electoral Commission with regard to the implementation of voter ID and how to communicate it to the public, based on your experiences in Northern Ireland?

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

Minister, would you like to ask the first question?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q I am happy to go first. Good afternoon and welcome to both our witnesses. It is great to have you with us; thank you for giving up your time in all the ways that you do, including a sliver of that this afternoon.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q As a follow-up, if my memory serves me correctly the judgment in the Birmingham case—we had Richard Mawrey with us this morning—included quite a few scorching comments that you do have to look for such things. It is not enough to look away and claim that it is not plausible that it could be taking place, and therefore never be prepared to look for such evidence. In fact, he said you would have to be ostrich-like to not want to look for the evidence and make it better, as clearly you were seeking to do.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Yes, indeed. You are doing that to give residents confidence. Do you get a measure of that back from residents?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. Would you be able to turn to my second question?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

May I ask one more question to Louise and then I will hand on to other colleagues?

None Portrait The Chair
- Hansard -

Of course.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Louise, thank you so much for joining us and welcome to the Committee.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Picking up on a recent debate in Parliament, Louise, would I be right in thinking that you would not like to see the electoral timetable reduced from 25 working days?

Louise Round: I think that would make what is already a very difficult task nigh on impossible.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you very much for your insight. Is there any more that you would like to say about the particular processes that will be required to support overseas electors in demonstrating their connection to the constituency they are registering in?

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.

--- Later in debate ---
Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Good afternoon to all three of our witnesses.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you, that is helpful and one of the things that we will be aiming to do. Will you also recap for us the goal, or the problem, that you think the absence of a digital imprint gives rise to that needs to be solved? We did not start with principles, but went straight into the details of how we might improve the idea.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Yes, indeed. May I quickly pick up on the third-party campaigning definition question which you have just discussed with Cat Smith? Will you confirm for the Committee that there is already a provision in the Political Parties, Elections and Referendums Act 2000 —namely, section 88—that allows for a list of categories of entities that are able to give a notification or, in other words, to register with the Electoral Commission as a third-party campaigner? That already exists in law and as a concept.

Dr Dommett: I am afraid that I am not an expert on PPERA, so I will not be able to comment.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Not to worry, we will pick that up later. Thank you so much for joining us. I turn now to Professor Fisher—welcome—and the notional expenditure part of the Bill. You have kindly already supplied some evidence to the Committee in which you say that you endorse the Bill’s approach to that question.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. That is a very thoughtful reflection. I have always been struck by the need to continue to allow grassroots activists, volunteers and people who are not steeped in electoral law to be involved. Do you agree that there is a way here to encourage people to get involved without overbearing legal risk?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. I am sure there may be some other questions around that later on, perhaps bringing in our other guest who also has experience there. Sticking with you, Professor Fisher, I want to ask about the provision on third-party campaigner registration—the new lower tier for registration—and the Bill’s aim to restrict third-party campaigning to UK-based entities. You say that both of those make good sense, and hope that they serve to enhance transparency at an election. Can you explain why you take that view?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you so much. I will turn to Darren. Thank you for giving your time this afternoon. I am going to adopt the tone of Professor Fisher about the need to consider how much regulation is too much regulation, and how to encourage grassroots activists to be involved. Perhaps this is an area you might make a comment on?

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.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Understood.

None Portrait The Chair
- Hansard -

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)

(Limited Text - Ministerial Extracts only)

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Committee stage
Thursday 16th September 2021

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Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 16 September 2021 - (16 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

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None Portrait The Chair
- Hansard -

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.

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
- Hansard - - - Excerpts

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?

None Portrait The Chair
- Hansard -

Unfortunately, we have no news, so we have to press on.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Not to worry, but in principle, it is great to have a cross-party panel to discuss this part of the Bill. Picking up on Heather’s theme of British citizens abroad not being foreign: do you think they should be treated differently in any way to citizens here in the UK? There will be a few logistical differences, but do you think we ought to endeavour to treat them as similarly as possible to other kinds of citizens on the electoral register?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you, that is very clear. George, if I could pull up this theme with you, can you describe a few ways that British citizens abroad do have a legitimate interest in politics here? For example, I know that you have a specialism in foreign affairs—there is one heading to start with. Perhaps, you can go from there?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you so much. I have one last question to both witnesses. Members of the Committee will know that I am very keen on the correct use of terms in this area. When we say “disenfranchise,” we should talk very specifically about the ability to be registered to vote or not to be registered to vote. This area of the Bill actually is one of the narrow areas where that is a relevant concept, because of course it seeks to enfranchise more. Currently, there is disenfranchisement happening for citizens who have been abroad for more than 15 years. I wonder whether you might have some examples or anecdotes from your members or friends of how that feels—on the day that one has lived abroad for more than 15 years, one is suddenly kicked off. Perhaps you might have some examples of how that feels from your members’ perspectives.

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.

None Portrait The Chair
- Hansard -

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 Portrait Chloe Smith
- Hansard - - - Excerpts

I am happy to, as long as it does not take time away from colleagues.

None Portrait The Chair
- Hansard -

Is the Committee content with that?

--- Later in debate ---
None Portrait The Chair
- Hansard -

Thank you, Anne. We are running out of time, so I would just like to squeeze the Minister in.

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Anne, welcome. It is lovely to have you with us and thank you so much for your time. If I may start with a reassurance for you personally, given what you have been saying, the Bill includes exactly what you are arguing for: that you should be able to prove either last residence or registration, which are the two tracks that answer your concern.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

That’s right, Anne.

Anne Wafer: Can you assure me of that? It might have been a preliminary discussion—

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q We think the Bill as constructed covers, if you like, children in both categories—those who were born abroad and those who were born in the UK and moved. We think we have got that covered with the residency and registration idea. May I just—

Anne Wafer: Does it cover oldies like me, though—the residency?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Anne, we have just one minute left. May I ask you the third question to finish the set? In this area, without reform, people are essentially kicked off the register a day after they have been 15 years abroad. How does that feel?

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—

None Portrait The Chair
- Hansard -

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

Thank you. Minister, would like to come in first on this question?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Welcome, Maurice; it is good to have you with us this morning. Can you explain first of all whether you feel that the policy of having a free local voter card to accompany voter identification, so that is for the 2% of people we anticipate may not have the ID that is being asked for, will be a good thing and whether there may be any points that you suggest would need to be taken into account in its design?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Okay, thanks for that initial view. In that case, would you join me in letting the message go out from this Bill Committee and witnesses that we all want to encourage as many people as possible to register to vote and to participate?

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 Portrait Cat Smith
- Hansard - - - Excerpts

Q Thank you Maurice for your time this morning. We have seen American civil rights groups campaigning quite strongly about the introduction in some US states of ID requirements to access the ballot. They have found that, when it comes to providing ID, some groups are finding it harder to prove their identity than others. In this country it has been very difficult for me to find out what level of ID people hold based on their race; it is not data that is held by the DVLA with driving licenses, nor the Home Office with passports. Can you share with the Committee your understanding of what groups are less likely to have photo ID?

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.

Elections Bill (Fourth sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Thursday 16th September 2021

(3 years, 3 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 16 September 2021 - (16 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

Thank you. Minister, would you like to open the questioning?

Chloe Smith Portrait The Minister for the Constitution and Devolution (Chloe Smith)
- Hansard - - - Excerpts

I think it is Cat Smith’s turn to go first.

None Portrait The Chair
- Hansard -

It looks like an empty chair.

None Portrait The Chair
- Hansard -

Shall I bring in other members of the Committee? Patrick Grady, would you like to ask a question? [Interruption.] Oh, hang on.

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None Portrait The Chair
- Hansard -

Minister?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

I have no further questions but I am very grateful to Mr Millar for giving his time.

None Portrait The Chair
- Hansard -

Thank you. Jerome Mayhew.

--- Later in debate ---
None Portrait The Chair
- Hansard -

We have until 3.30 pm for this panel. Minister, would you like to start with the first question?

Chloe Smith Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you so much for joining us today, Ms Hadi; it is great to have you with us. An important element of the Bill deals with accessibility, which is obviously an area of expertise for your organisation. The Bill introduces a new statutory duty on returning officers to support all voters with disabilities—the widest possible range—and that duty is to be supported by guidance from the Electoral Commission. What would you like to see reflected in that guidance, and what are your biggest concerns about the current process of voting for people with disabilities.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Absolutely right, Ms Hadi. I am really grateful to you for laying that out, because I could not agree more about the need for that thinking at every stage of registration and onwards through to voting. Indeed, for what it is worth, I am sure that also applies to many other services from local authorities, so I hope there is good working across councils that can be shared.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q I agree, and the plans published alongside the Bill put money and time towards doing that, which we would all agree is the right thing to do.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q When in your experience a thing goes out of date or could be superseded by innovation and new ideas, how do you think that could be accommodated in law? Having listened to your words, I think we have got a really good example here of one of the core issues; as you say, the device was of its time some decades ago now, but it is prescribed in law. We have a problem of it being out of date, yet prescribed. How do you think innovation, which you may have used elsewhere in your life—maybe you can share your insight—can be provided for in law?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. This is my last question, just to complete the set, if you like. I understand your point that there could be difference across the country, but clause 8 seeks to make support mandatory. Do you think clause 8 and making it mandatory is sufficient?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

Q Fazilet, welcome to the Committee and thank you very much for the contributions you have made so far. I have a couple of questions.

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Q You said that the Electoral Commission is also accountable to the Welsh Senedd and the Scottish Parliament; it is also funded by both those Parliaments. Could you say what consideration the Committee should give to any change due to a strategy and policy statement driven by a UK Parliament, and what tensions that could potentially create within the Union?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you very much for joining us, Dr Renwick; it is very good to have your expertise. May I make use of that expertise with a relatively simple starting question? Clause 14 deals with membership of the Speaker’s Committee, and every so often we hear a misrepresentation—I think I just heard the hon. Lady from the Opposition doing this—suggesting that there will be an extra Minister of the Crown added to the Speaker’s Committee. Could you help us to confirm that concurrent powers, which is what clause 14 contains and which, as you will recall, comes in the history of having made a transfer of functions order before, mean that this will be a question of a substitute Minister—essentially a junior when the senior is too busy?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. It is really helpful to get that on the record. It is worth noting that, as well as Ministers, there are shadow Ministers on the Speaker’s Committee—there is Front-Bench involvement on both sides. Going to the Back-Bench members of the committee, can you confirm that under existing law, which is not changed by this Bill, the Speaker may appoint the five Back-Bench members of the committee—that is his power to do?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q How would you change what is, therefore, extant in legislation: that the Speaker would have the ability to appoint five Back-Bench members?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you. That has given us some food for thought, and a very helpful historical recap, as well.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q It is really helpful to have been able to do that today. From your experience monitoring many of these Bills and exchanges, I am sure you would say that it takes a little time for that position to emerge, both in terms of what the intention of the Executive is in any one of those legislatures, and then what the intention of the legislature is. It takes some time. There is not yet necessarily a moment in this Bill where you could have made a statement saying this violates the Sewel convention.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q That is good to have confirmed. My final question is about the strategy and policy statement and its procedure in Parliament. You gave the view that it would be wrong for the Government to produce that statement, and I think I am quoting you, “without the appropriate degree of scrutiny.” Can you explain what is not appropriate about the statement being approved by both Houses of Parliament?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q But Parliament—in the Chamber twice—does provide for a debate as you have described.

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Q Thank you for that very helpful perspective. Essentially you argue that this measure ought to be subject to the full primary procedure. May I ask one last clarifying question, and then I will get the Executive to shut up and hand over to the Back Benchers, which is, I am sure, a principle you agree with, Alan. Can you confirm that the Bill’s measures leave in place, do not affect, and take nothing away from the governance structure and statutory provisions for the Electoral Commission’s board and commissioners, which include party figures, cross-party figures and non-party figures, as you desire?

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 Portrait Chloe Smith
- Hansard - - - Excerpts

Thank you, Alan. As always, it is good to debate with you and really good to have your expertise.

Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
- Hansard - - - Excerpts

Q We have spoken to various witnesses, including a former electoral commissioner, over the last couple of days about the statutory policy statement. No one seems to have been aware that this proposal was coming. Were you aware of it being trailed or discussed privately with either the devolved Administrations or in academic circles, to see whether the changes would enhance and improve the independence and the working of the Electoral Commission?

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.

Elections Bill (Instruction)

(Limited Text - Ministerial Extracts only)

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Instruction
Monday 20th September 2021

(3 years, 3 months ago)

Commons Chamber
Elections Act 2022 Read Hansard Text Watch Debate Amendment Paper: Notices of Amendments as at 20 September 2021 - (20 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

Before I call the Minister to move the motion, I should confirm that the amendment has not been selected.

Christopher Pincher Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Christopher Pincher)
- View Speech - Hansard - - - Excerpts

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 Portrait Patrick Grady (Glasgow North) (SNP)
- Hansard - - - Excerpts

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 Portrait Christopher Pincher
- Hansard - - - Excerpts

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.

--- Later in debate ---
Christopher Pincher Portrait Christopher Pincher
- Hansard - - - Excerpts

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.

--- Later in debate ---
20:49

Division 80

Ayes: 309

Noes: 186

Elections Bill (Fifth sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Wednesday 22nd September 2021

(3 years, 3 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 22 September 2021 - (22 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

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.

Kemi Badenoch Portrait The Minister of State, Ministry of Housing, Communities and Local Government (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

On that point, will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Will the Minister give way? I wish to correct the record.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

On that point, will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

I will not give way any further. We have oral questions—

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

The hon. Lady has made her point, and I am sure that the Committee will have heard it.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.]

--- Later in debate ---
Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

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.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

Can I come in on that point?

None Portrait The Chair
- Hansard -

Order. We cannot have an intervention on an intervention.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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—

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

And now we are making it more uniform.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Elections Bill (Sixth sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Wednesday 22nd September 2021

(3 years, 3 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 22 September 2021 - (22 Sep 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Question (this day) again proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

On voter registration, what plans does the Minister, who is responsible for this policy area, have to ensure that the missing 3 million electors find a way to register and appear on the electoral roll?

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Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 1

Ayes: 9


Conservative: 9

Noes: 6


Labour: 4
Scottish National Party: 2

Clause 1 ordered to stand part of the Bill.
--- Later in debate ---
Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 2

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

None Portrait The Chair
- Hansard -

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.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

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Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O’Hara (Argyll and Bute) (SNP)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Aaron Bell
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson
- Hansard - - - Excerpts

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.

Division 3

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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—

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None Portrait The Chair
- Hansard -

Mr Grady, you are a very effective and much- loved Member.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Division 4

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Division 5

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Amendment proposed: 46, in schedule 1, page 73, line 9, at end insert
--- Later in debate ---

Division 6

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

The answer would be that we wait as long as we need to get the right result.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Division 7

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

I beg to move amendment 49, in schedule 1, page 75, line 9, at end insert—

“(o) a student ID card;”.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Would the Minister be willing to publish the detailed assessment of why the Oyster card for older travellers who get free travel in London is valid, yet the 18+ Student Oyster card is not?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O’Hara
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 8

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Amendment proposed: 50, in schedule 1, page 75, line 9, at end insert—
--- Later in debate ---

Division 9

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Amendment proposed: 51, in schedule 1, page 75, line 9, at end insert—
--- Later in debate ---

Division 10

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Amendment proposed: 52, page 75, line 9 [Schedule 1], at end insert—
--- Later in debate ---

Division 11

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 9


Conservative: 9

Ordered, That further consideration be now adjourned. —(Rebecca Harris.)

Elections Bill (Eighth sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Tuesday 19th October 2021

(3 years, 2 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

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.

Kemi Badenoch Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 4 be the Fourth schedule to the Bill.

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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

--- Later in debate ---
I hope that the Minister will find a way to support the amendment, although precedent suggests that that will not be the case. If I am not to be proved wrong, will she at least outline the reassurances that the Government will provide to blind and partially sighted people who simply want to exercise their right to vote independently and in secret?
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson (Putney) (Lab)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Jerome Mayhew (Broadland) (Con)
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

Yes—thank you!

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Division 17

Ayes: 7


Labour: 5
Scottish National Party: 2

Noes: 10


Conservative: 10

Clause 8 ordered to stand part of the Bill.

Elections Bill (Seventh sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Tuesday 19th October 2021

(3 years, 2 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 19 October 2021 - (19 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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.

Kemi Badenoch Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

--- Later in debate ---

Division 12

Ayes: 7


Labour: 5
Scottish National Party: 2

Noes: 10


Conservative: 10

Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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.”

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

I have finished.

None Portrait The Chair
- Hansard -

You can make a speech.

--- Later in debate ---

Division 13

Ayes: 7


Labour: 5
Scottish National Party: 2

Noes: 10


Conservative: 10

Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

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Division 14

Ayes: 7


Labour: 5
Scottish National Party: 2

Noes: 10


Conservative: 10

None Portrait The Chair
- Hansard -

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.

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson
- Hansard - - - Excerpts

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.

--- Later in debate ---
Paul Bristow Portrait Paul Bristow
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Paul Bristow Portrait Paul Bristow
- Hansard - - - Excerpts

Hear, hear!

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

Does Patrick Grady wish to comment?

--- Later in debate ---
None Portrait The Chair
- Hansard -

It might be a convenient moment for the Minister to make her clause stand part speech now.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Division 15

Ayes: 7


Labour: 5
Scottish National Party: 2

Noes: 10


Conservative: 10

Clause 4 ordered to stand part of the Bill.
--- Later in debate ---
None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 3 be the Third schedule to the Bill.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

Does the Minister wish to reply?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

Not particularly, no.

None Portrait The Chair
- Hansard -

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)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Thursday 21st October 2021

(3 years, 2 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 5 be the Fifth schedule to the Bill.

Kemi Badenoch Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

I just wonder whether the Minister is aware of the famous suffragette slogan, “No taxation without representation”.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
- Hansard - - - Excerpts

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”.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

I thank the Minister for her comments. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

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Division 18

Ayes: 4


Labour: 3
Scottish National Party: 1

Noes: 8


Conservative: 8

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Chris Clarkson (Heywood and Middleton) (Con)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 6 be the Sixth schedule to the Bill.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

I feel that the Committee has already heard my views on this clause, so I have nothing further to add.

--- Later in debate ---
None Portrait The Chair
- Hansard -

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

Elections Bill (Tenth sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Thursday 21st October 2021

(3 years, 2 months ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Cat Smith Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

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.

Kemi Badenoch Portrait The Minister of State, Department for Levelling Up, Housing and Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 19

Ayes: 4


Labour: 3
Scottish National Party: 1

Noes: 8


Conservative: 8

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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).

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause stand part.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

--- Later in debate ---
Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

indicated dissent.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 20

Ayes: 8


Conservative: 8

Noes: 4


Labour: 3
Scottish National Party: 1

Clause 12, as amended, ordered to stand part of the Bill.
--- Later in debate ---
Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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

--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 21

Ayes: 4


Labour: 3
Scottish National Party: 1

Noes: 8


Conservative: 8

Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

--- Later in debate ---
That was partly the reason for a meeting I had with the Law Commission last week, in the company of the Norfolk safeguarding adults review board, to press the case for removing private prosecution powers from all those quangos, inter alia. The best place for prosecutions is with the Crown Prosecution Service, which is set up and dedicated to that purpose, instead of with an adjunct power of an organisation which, in the example of the Care Quality Commission, is primarily a regulator set up to work with organisations to ensure compliance and give guidance over a long period, just as the Electoral Commission is. That is a relationship. In contrast, with the prosecuting authority, a breach is found and penalties are then enforced. There is a fundamental conflict there, and we need to move away from that and towards the Crown Prosecution Service. I thoroughly support the Government in this measure.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Tuesday 26th October 2021

(3 years, 1 month ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

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.

Kemi Badenoch Portrait The Minister for Levelling Up Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider clause 21 stand part.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson (Putney) (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 22

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 8


Conservative: 8

Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson
- Hansard - - - Excerpts

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.

--- Later in debate ---
Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---
Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

Indeed, or a Back-Bench MP—how will they know when they are in that 12-month period before a general election?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Brendan O'Hara Portrait Brendan O’Hara
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Nick Smith (Blaenau Gwent) (Lab)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

And in 2019?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Can the Minister answer a very simple question? Will there be a UK general election by 26 October 2022? That is 12 months from today.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O’Hara
- Hansard - - - Excerpts

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.

Division 23

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 8


Conservative: 8

Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O’Hara
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

Will the Minister give way on the point about a conspiracy?

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Can the Minister confirm for the benefit of the charities that are watching our proceedings that we are not currently in a regulated spend period?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 24

Ayes: 6


Labour: 4
Scottish National Party: 2

Noes: 8


Conservative: 8

Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Fleur Anderson
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 25

Ayes: 8


Conservative: 8

Noes: 6


Labour: 4
Scottish National Party: 2

Clause 25 ordered to stand part of the Bill.
--- Later in debate ---
None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 8 be the Eighth schedule to the Bill.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

I have agreed that the hon. Member for Lancaster and Fleetwood can make her remarks while seated.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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

Question proposed, That the clause stand part of the Bill.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss that schedule 9 be the Ninth schedule to the Bill.

--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage
Tuesday 26th October 2021

(3 years, 1 month ago)

Public Bill Committees
Elections Act 2022 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 26 October 2021 - (26 Oct 2021)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause 36 stand part.

Kemi Badenoch Portrait The Minister for Levelling Up Communities (Kemi Badenoch)
- Hansard - - - Excerpts

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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
- Hansard - - - Excerpts

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

--- Later in debate ---
Brendan O'Hara Portrait Brendan O'Hara (Argyll and Bute) (SNP)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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

--- Later in debate ---

Division 26

Ayes: 6

Noes: 7

Question proposed, That the clause stand part of the Bill.
--- Later in debate ---
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

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Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss Government amendment 59.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

I thank the Minister for giving way so early in her speech. Can she help the Committee by explaining why this has been tabled as a Government new clause and was not in the Bill when it was first published?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

I just wonder why it was a Conservative Government who introduced the supplementary vote system for police and crime commissioners if the simple majority voting system is so desirable.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

To correct the record, I said that it is utterly self-serving, and completely politically partisan, and fundamentally undemocratic.

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

Will the Minister give way?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

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Division 27

Ayes: 6

Noes: 7

New Clause 3
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This is the Minister’s opportunity to make good on what he has said a number of times: that she is listening to the arguments and is somehow open to persuasion—it is just that no Opposition Member has ever managed to be that persuasive. On behalf of the missing millions, please, please look at automatic voter registration. Without it, as I said earlier, we cannot have a functioning, healthy democracy, because there are millions of people missing from our register.
Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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.

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Division 28

Ayes: 6

Noes: 8

New Clause 4
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Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

Division 29

Ayes: 2

Noes: 8

New Clause 6
--- Later in debate ---
None Portrait The Chair
- Hansard -

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 30

Ayes: 2

Noes: 8

--- Later in debate ---
Fleur Anderson Portrait Fleur Anderson (Putney) (Lab)
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Brendan O'Hara
- Hansard - - - Excerpts

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.

Division 31

Ayes: 2

Noes: 8

New Clause 9
--- Later in debate ---
Cat Smith Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---
Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 32

Ayes: 6

Noes: 8

New Clause 12
--- Later in debate ---
Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 33

Ayes: 6

Noes: 8

New Clause 13
--- Later in debate ---

Division 34

Ayes: 6

Noes: 8

New Clause 14
--- Later in debate ---
Fleur Anderson Portrait Fleur Anderson
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Cat Smith
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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.

Division 35

Ayes: 6

Noes: 8

--- Later in debate ---
Patrick Grady Portrait Patrick Grady
- Hansard - - - Excerpts

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 Portrait Kemi Badenoch
- Hansard - - - Excerpts

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 Portrait Patrick Grady
- Hansard - - - Excerpts

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.

Division 36

Ayes: 6

Noes: 8

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Report stage
Monday 17th January 2022

(2 years, 11 months ago)

Commons Chamber
Elections Act 2022 Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 17 January 2022 - large print - (17 Jan 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kemi Badenoch Portrait The Minister for Levelling Up Communities (Kemi Badenoch)
- View Speech - Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
- View Speech - Hansard - - - Excerpts

With this it will be convenient to discuss the following:

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—

(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’.”



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.

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Kemi Badenoch Portrait Kemi Badenoch
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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 Portrait Cat Smith (Lancaster and Fleetwood) (Lab)
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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 Portrait Kemi Badenoch
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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.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
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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 Portrait Kemi Badenoch
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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.

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Lloyd Russell-Moyle Portrait Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
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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 Portrait Kemi Badenoch
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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 Portrait Lloyd Russell-Moyle
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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 Portrait Kemi Badenoch
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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 Portrait Cat Smith
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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?

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Kemi Badenoch Portrait Kemi Badenoch
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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 Portrait Ian Lavery (Wansbeck) (Lab)
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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 Portrait Kemi Badenoch
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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 Portrait Justin Tomlinson (North Swindon) (Con)
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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 Portrait Kemi Badenoch
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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 Portrait Wera Hobhouse (Bath) (LD)
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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 Portrait Kemi Badenoch
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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 Portrait Patrick Grady (Glasgow North) (SNP)
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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 Portrait Kemi Badenoch
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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 Portrait Alex Norris (Nottingham North) (Lab/Co-op)
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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.

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John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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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 Portrait Kemi Badenoch
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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.

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21:01

Division 160

Ayes: 236

Noes: 327

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21:14

Division 161

Ayes: 237

Noes: 322

Clause 1
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21:26

Division 162

Ayes: 234

Noes: 327

Clause 15
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Division 163

Ayes: 234

Noes: 328

Clause 33
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Kemi Badenoch Portrait Kemi Badenoch
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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.

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21:58

Division 164

Ayes: 325

Noes: 234

Bill read the Third time and passed.

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading
Wednesday 23rd February 2022

(2 years, 10 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 17 January 2022 - large print - (17 Jan 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord True Portrait Lord True
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That the Bill be now read a second time.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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—

None Portrait Noble Lords
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Oh!

Lord True Portrait Lord True (Con)
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—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.

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Lord True Portrait Lord True (Con)
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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—

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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In fact, it was meant to be the opposite.

Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

None Portrait Noble Lords
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Oh!

Lord True Portrait Lord True (Con)
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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.

Bill read a second time and committed to a Committee of the Whole House.

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022

(2 years, 9 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-I(b) Amendments for Committee (Supplementary to the Marshalled List) - (10 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

We completely understand the aims of the amendments from the noble Baroness, Lady Meacher, and why she is trying to make an appalling situation better and, as the noble Lord, Lord Stunell, said, “pull it back from the brink.” But we agree very strongly with the noble Lord, Lord Cormack, that it is grotesque while people are dying for democracy and that the most honourable thing to do is to delete these clauses from the Bill. Our position is that they should not stand part of the Bill and should be removed. I look forward to the debate on this, which we will come to later today.
Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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 Portrait Baroness Hayman of Ullock (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Lipsey (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Foulkes of Cumnock (Lab Co-op)
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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 Portrait Lord True (Con)
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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 Portrait Lord Foulkes of Cumnock (Lab Co-op)
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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 Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Foulkes of Cumnock (Lab Co-op)
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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 Portrait Lord True (Con)
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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 Portrait Lord Scriven (LD)
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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 Portrait Lord True (Con)
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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 Portrait Baroness Hayman of Ullock (Lab)
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The Minister did not address my concerns around consultation on the document. Will he come back on that, please?

Lord True Portrait Lord True (Con)
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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.

--- Later in debate ---
Moved by
1: Clause 14, page 21, line 13, at end insert—
“(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.
--- Later in debate ---
Lord True Portrait Lord True (Con)
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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 Portrait Lord Foulkes of Cumnock (Lab Co-op)
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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?

--- Later in debate ---
To sum up, the Government have had to table all these amendments relating to the devolved Administrations because they would not give consent. The reasons for withholding consent are due to concerns that should deeply worry us all; in particular, that the Bill risks disenfranchising voters and threatens the independence of the Electoral Commission. It is a great shame that the UK Government did not heed the concerns of the devolved Administrations and go back to the drawing board.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Hayward (Con)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Lipsey (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

Amendment 1 agreed.
Moved by
2: Clause 14, page 21, line 15, at end insert—
“(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.

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Lords Hansard - Part 2 & Committee stage
Thursday 10th March 2022

(2 years, 9 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-I(b) Amendments for Committee (Supplementary to the Marshalled List) - (10 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
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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.

--- Later in debate ---
Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Beith (LD)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Moved by
5: Clause 14, page 22, line 14, leave out “Public Administration and Constitutional Affairs” and insert “Levelling Up, Housing and Communities”
Member’s explanatory statement
This amendment reflects a recent change in Select Committee arrangements in the House of Commons.
--- Later in debate ---
Baroness Barker Portrait Baroness Barker (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Moved by
10: Clause 14, page 22, line 34, leave out from beginning to end of line 16 on page 23
Member’s explanatory statement
This amendment is consequential on the amendments in Lord True’s name relating to the inserted section 4A of PPERA.
--- Later in debate ---
Moved by
15: Clause 14, page 25, line 16, leave out “Public Administration and Constitutional Affairs” and insert “Levelling Up, Housing and Communities”
Member’s explanatory statement
See the explanatory statement for the amendment in Lord True’s name at page 22, line 14.
--- Later in debate ---
I finish by referring to the noble Lord, Lord Russell of Liverpool, and echo his request: will the Minister please listen carefully to the arguments of the noble and learned Lord, Lord Judge, and to the concerns of the House?
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Kerslake (CB)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Eatwell (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Viscount Stansgate (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Judge (CB)
- Hansard - - - Excerpts

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.

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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

Clause 17 agreed.

Elections Bill

(Limited Text - Ministerial Extracts only)

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Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022

(2 years, 9 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-III Third marshalled list for Committee - (15 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

In conclusion, this Bill is a huge opportunity to make these positive changes. I am sure the Minister would wish to make voting a straightforward and positive experience for all citizens. As the noble Lord, Lord Holmes, said, why not look at a competition on innovation? That is a fantastic idea. As the noble Lord, Lord Low of Dalston, said, the case has been strongly articulated so it is incumbent on the Government to take note of what noble Lords have been saying. Finally, as the noble Lord, Lord Cormack, said, we have heard from respected Members in this House today who are partially sighted or blind, so the Minister needs to take note of what they have said.
Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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.

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Lord Harris of Haringey Portrait Lord Harris of Haringey (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Holmes of Richmond (Con)
- Hansard - - - Excerpts

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.

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Moved by
21: Clause 18, page 28, line 7, after “(1)(b),” insert “except as it applies in relation to a local government election in Scotland or Wales,”
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.
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

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Maybe this Bill does mean that some of the guidance must be brought up to date to take account of the new realities, although some of us wish it did not have to. However, given that, we need to hear the timetable as well as the mechanism for ensuring that the guidance happens. I would prefer it to be guidance where there was not a Secretary of State with a finger on the scales ensuring that the reading favoured one particular point of view.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Hodgson of Astley Abbotts (Con)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

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Moved by
26: Clause 19, page 29, line 25, leave out subsection (2)
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.
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Moved by
29: Clause 20, page 30, line 7, after “incurred” insert “, otherwise than in relation to a local government election in Wales,”
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.
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Lord Scriven Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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

(Limited Text - Ministerial Extracts only)

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Lords Hansard - Part 2 & Committee stage
Tuesday 15th March 2022

(2 years, 9 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-III Third marshalled list for Committee - (15 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Barker Portrait Baroness Barker (LD)
- Hansard - - - Excerpts

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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Moved by
33: Clause 24, page 33, line 26, after “during a” insert “reserved”
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.
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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Hodgson of Astley Abbotts (Con)
- Hansard - - - Excerpts

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.

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Moved by
34: Clause 24, page 33, line 32, after “during a” insert “reserved”
Member’s explanatory statement
See the explanatory statement relating to the amendment in Lord True’s name at page 33, line 26.
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Meacher (CB)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

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Moved by
36: Clause 24, page 34, leave out lines 25 and 26 and insert—
““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.
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Moved by
40: Clause 25, page 35, line 4, after “(2)” insert “, as it applies for the purposes of 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
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

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-IV Fourth marshalled list for Committee - (17 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
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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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Meacher (CB)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord True Portrait Lord True (Con)
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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 Portrait Viscount Stansgate (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

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Moved by
43: Clause 25, page 35, leave out lines 8 to 10
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.
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I would be interested to hear the Minister’s comments on this, because in some ways this is missed out from the discussions we are going to be having later on in Committee around digital imprints and improving the law on digital campaigning, which we will be dealing with further on. I would also be interested to hear the Minister’s thoughts on what the noble Baroness, Lady Barker, said about expanding this to include other social media platforms such as Facebook and Twitter. We know that many of the problems with misinformation during election campaigning come from those social media platforms, but we also appreciate that actually it is very difficult, when they are not registered in this country, to manage that. I would be interested to hear the Minister’s thoughts on that as well.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Hodgson of Astley Abbotts (Con)
- Hansard - - - Excerpts

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.

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Moved by
46: Clause 26, page 36, line 15, after “period” insert “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
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.
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I genuinely look forward to hearing answers from the Government Front Bench. It is important for the Minister to explain the problem, why the clause would solve the problem and, particularly, what the methodology is and why a £10,000 limit would deal with that problem.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

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Moved by
49: Clause 27, page 38, line 37, after “a” insert “reserved”
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.

Elections Bill

(Limited Text - Ministerial Extracts only)

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-IV Fourth marshalled list for Committee - (17 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

The problem that has emerged, which this clause does not tackle, is how targeted spending by one or other or more of those bodies should be accounted for in local and national campaigning. In national campaigning it is an irrelevant consideration, but in local campaigning it is highly relevant and surely it must be the case that ordinary folk ought to be able to contribute to those campaigns and that the candidates and agents of those campaigns ought to have a duty to say how much help they received. Some of the regulations we have at the moment succeed in doing that, but there was a specific gap, which was appreciated and notified by the Committee on Standards in Public Life in recommendation 21. I very much hope, not with a tremendous amount of expectation, that the Minister may be able to adapt his pro-forma wind-up speech to take some account of the concerns that have been raised in the debate so far.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Lea of Crondall (Non-Afl)
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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 Portrait Lord Scriven (LD)
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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 Portrait Lord True (Con)
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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 Portrait Lord Harris of Haringey (Lab)
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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?

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Lord True Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Collins of Highbury (Lab)
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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.

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Lord True Portrait Lord True (Con)
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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 Portrait Lord Hodgson of Astley Abbotts (Con)
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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.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Baroness Lister of Burtersett (Lab)
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The Queen’s Speech and the manifesto are different things, and the manifesto did not say “photo identification”.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

That was the Queen’s Speech before, not after, the general election. It was established before the general election.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

In that case, can the Minister explain why it was not detailed in the manifesto?

Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

That is because the manifesto referred to clearly established and announced policy on voter identification.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
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My Lords, I think that we should make progress—

None Portrait Noble Lords
- Hansard -

Oh!

Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

Elections Bill

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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 Portrait Baroness Lister of Burtersett (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

Does the Minister therefore intend to accept my noble friend Lady Hayman of Ullock’s Amendment 64, which says that explicitly?

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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

I wrote one yesterday.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
- Hansard - - - Excerpts

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.

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Lord Desai Portrait Lord Desai (Non-Afl)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Moved by
74: Schedule 1, page 72, line 12, leave out from “to” to end of line 19 and insert “a relevant provision.
(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.
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Moved by
82: Schedule 1, page 80, line 37, leave out “current”
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

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

I thank the Minister for his response and I beg leave to withdraw the amendment.

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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord Scriven Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

I thank the Minister for his explanation. In light of those comments, I beg leave to withdraw the amendment.

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Moved by
98: Clause 7, page 9, leave out lines 21 to 24
Member’s explanatory statement
This amendment leaves out paragraph (c) from inserted section 66(3A) of the Representation of the People Act 1983.
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Moved by
101: Clause 7, page 9, line 33, leave out “any of paragraphs (a), (c) and (d)” and insert “paragraph (a) or (d)”
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.
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Moved by
106: Clause 8, page 10, leave out line 30 and insert—
“(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.
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Lord Stunell Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord Adonis Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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.

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Moved by
107: Clause 8, page 11, line 23, at end insert—
“(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.
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Moved by
110: Schedule 5, page 109, leave out lines 23 to 32
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.

Elections Bill

(Limited Text - Ministerial Extracts only)

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Lords Hansard - Part 1 & Committee stage
Wednesday 23rd March 2022

(2 years, 9 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
121: After Clause 9, insert the following new Clause—
“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.
Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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)

Moved by
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Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
- Hansard - - - Excerpts

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.

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Moved by
123: Schedule 6, page 116, line 30, leave out from “to” to end of line 40 and insert “a relevant provision.
(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.
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Lord Stunell Portrait Lord Stunell (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Scriven (LD)
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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 Portrait Lord True
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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 True Portrait Lord True
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If I may say so, the noble Lord had a good go. I will give him one go.

Lord Kerslake Portrait Lord Kerslake (CB)
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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 Portrait Lord True (Con)
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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.

--- Later in debate ---
Lord Davies of Brixton Portrait Lord Davies of Brixton (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Kerslake (CB)
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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 Portrait Lord True (Con)
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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 Portrait Lord Liddle (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Lord True (Con)
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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 Portrait Baroness Hayman of Ullock (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
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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.

--- Later in debate ---
Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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

(Limited Text - Ministerial Extracts only)

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Wednesday 23rd March 2022

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-V Fifth marshalled list for Committee - (21 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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 Portrait Lord Thomas of Gresford (LD)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Bennett of Manor Castle (GP)
- Hansard - - - Excerpts

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.

Elections Bill

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Monday 28th March 2022

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-VI Sixth marshalled list for Committee - (24 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Earl Howe (Con)
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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.

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Baroness Meacher Portrait Baroness Meacher (CB)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Shipley (LD)
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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 Portrait Baroness Deech (CB)
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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.

Earl Howe Portrait Earl Howe
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The noble Baroness, Lady Deech, is, of course, quite correct and we will be looking at the question of voting rights for noble Lords in a subsequent group of amendments.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Wallace of Saltaire (LD)
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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—

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Earl Howe (Con)
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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 Portrait Baroness Jones of Moulsecoomb (GP)
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Is that not true of MPs? Why should they be allowed to vote? They have two grabs.

Earl Howe Portrait Earl Howe (Con)
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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 Portrait Lord Cormack (Con)
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Of course, we are on the register and can vote in every other election, including local government elections, referenda—the lot.

Earl Howe Portrait Earl Howe (Con)
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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 Portrait Lord Dubs (Lab)
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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.”

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Earl Howe (Con)
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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.

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Earl Howe Portrait Earl Howe (Con)
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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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Green of Deddington (CB)
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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.

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Moved by
157: Schedule 8, page 151, line 5, leave out “or Northern Ireland”
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.
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Moved by
162: Clause 30, page 42, line 23, after “office” insert “or a relevant Scottish elective office”
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”.
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Moved by
166: Clause 31, page 44, line 2, after “office” insert “or a relevant Scottish elective office”
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”.
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Moved by
169: Clause 32, page 45, line 37, after “office” insert “or a relevant Scottish elective office”
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”.
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Moved by
173: Clause 35, page 46, line 24, leave out paragraph (b)
Member’s explanatory statement
This amendment removes member of the Scottish Parliament from the definition of “relevant elective office” for Part 5.
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Moved by
177: Schedule 10, page 160, line 33, leave out paragraph 4
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.
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Moved by
179: Clause 38, page 48, line 1, after “office” insert “or a relevant Scottish elective office”
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.
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Moved by
181: Clause 40, page 49, line 25, leave out subsection (2) and insert—
“(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.
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Moved by
184: Clause 41, page 50, line 1, after “future candidates” insert “, in their capacity as such,”
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.
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Moved by
189: Clause 42, page 51, line 14, at end insert—
“(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.
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Moved by
190: Clause 45, page 53, line 20, leave out “by a person (“A”)”
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.
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Moved by
195: Clause 46, page 54, line 25, at end insert—
“(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.
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Moved by
196: Clause 48, page 55, line 32, after “(referendums)” insert “where the referendum in question is a referendum to which Part 7 of PPERA applies and the electronic material is published during the referendum period (within the meaning of that Part) for that referendum”
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

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 96-VI Sixth marshalled list for Committee - (24 Mar 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

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Lord Stunell Portrait Lord Stunell (LD)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Wallace of Saltaire (LD)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Rooker (Lab)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Stunell (LD)
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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 Portrait Earl Howe (Con)
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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.

--- Later in debate ---
Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Earl Howe (Con)
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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 Portrait Lord Collins of Highbury (Lab)
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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 Portrait Earl Howe (Con)
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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 Portrait Baroness Bennett of Manor Castle (GP)
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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 Portrait Earl Howe (Con)
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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 Portrait Baroness Bennett of Manor Castle (GP)
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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 Portrait Earl Howe (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
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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.

Elections Bill

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We believe that my Amendment 6 and Amendment 7 in the name of the noble Lord, Lord Rennard, are compatible with Amendment 8 in the name of the noble Lord, Lord Willetts. I commend the amendment in the name of the noble Lord, Lord Willetts; if he tests the opinion of the House, we will support it.
Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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 Portrait Lord Grocott (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Grocott (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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17:37

Division 1

Ayes: 199

Noes: 170

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Quin (Lab)
- Hansard - - - Excerpts

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.

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Moved by
10: Clause 7, page 10, line 33, leave out “a local government election in Scotland or Wales” and insert “an election in Scotland or Wales under the local government Act”
Member’s explanatory statement
This amendment fixes a minor drafting issue in relation to references to local government elections.
Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

Amendment 10 agreed.
Moved by
11: Clause 7, page 10, line 38, leave out “a local government election in England” and insert “an election in England under the local government Act”
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
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Moved by
12: Clause 8, page 11, line 10, leave out “is guilty of undue influence if the person” and insert “(“P”) is guilty of undue influence if P”
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.
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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Moved by
20: Schedule 5, page 113, line 14, leave out “115” and insert “114A”
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.
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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Lister of Burtersett (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Holmes of Richmond (Con)
- Hansard - - - Excerpts

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.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

He has had a Covid revelation.

Lord True Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Rennard (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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.

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19:28

Division 2

Ayes: 153

Noes: 160

Elections Bill

(Limited Text - Ministerial Extracts only)

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Lords Hansard - Part 2 & Report stage
Wednesday 6th April 2022

(2 years, 8 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 141-I(Rev) Revised marshalled list for Report - (5 Apr 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

20:48

Division 3

Ayes: 116

Noes: 147

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21:20

Division 4

Ayes: 24

Noes: 139

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Hodgson of Astley Abbotts (Con)
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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

(Limited Text - Ministerial Extracts only)

Read Full debate
Report stage
Monday 25th April 2022

(2 years, 7 months ago)

Lords Chamber
Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 141-II Second marshalled list for Report - (21 Apr 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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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.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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 Portrait Lord Cormack (Con)
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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 Portrait Lord True (Con)
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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 Portrait Baroness Wheatcroft (CB)
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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 Portrait Lord True (Con)
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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.

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Lord Blunkett Portrait Lord Blunkett (Lab)
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Can the Minister list which Select Committees have Ministers as members?

Lord True Portrait Lord True (Con)
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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 Portrait Lord Blunkett (Lab)
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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 Portrait Lord True (Con)
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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 Portrait Lord Judge (CB)
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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.

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16:52

Division 1

Ayes: 265

Noes: 199

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Moved by
47: Clause 19, page 29, line 24, leave out “a local government election in Scotland or Wales” and insert “an election in Scotland or Wales under the local government Act”
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Rennard (LD)
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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.

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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
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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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

Amendment 49 agreed.
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Moved by
50: Clause 21, page 31, line 30, leave out “a local government election in Wales” and insert “an election in Wales under the local government Act”
Member’s explanatory statement
See the amendment in Lord True’s name at page 10, line 33.
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Moved by
55: Clause 26, page 36, line 34, at end insert—
“(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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Moved by
57: Clause 28, leave out Clause 28
Member’s explanatory statement
This amendment would leave out Clause 28 (joint campaigning by registered parties and third parties).
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Lord Collins of Highbury Portrait Lord Collins of Highbury (Lab)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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.

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Lord Butler of Brockwell Portrait Lord Butler of Brockwell (CB)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Bennett of Manor Castle (GP)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

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19:17

Division 2

Ayes: 194

Noes: 220

--- Later in debate ---
Lord Rennard Portrait Lord Rennard (LD)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
20:00

Division 3

Ayes: 169

Noes: 209

--- Later in debate ---
Moved by
69C: Before Clause 61, insert the following new Clause—
“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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Baroness Hayman of Ullock (Lab)
- Hansard - - - Excerpts

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.

--- Later in debate ---
Moved by
69D: Clause 64, page 67, line 18, after “24” insert “, 27”
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.

Elections Bill

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Monday 25th April 2022

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Moved by
Lord True Portrait Lord True
- Hansard - - - Excerpts

That the Bill do now pass.

Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
- Hansard - - - Excerpts

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 Portrait Lord True (Con)
- Hansard - - - Excerpts

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 Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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.

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Elections Act 2022 Read Hansard Text Amendment Paper: HL Bill 153-I Marshalled list for Consideration of Commons Amendments and Reason - (27 Apr 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord True Portrait Lord True
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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.

22A: Page 21, line 13, at end insert—
“(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.”
--- Later in debate ---
23K: Page 25, line 29, leave out “4C(3)(b)” and insert “4C(3D)(a)”
Lord True Portrait The Minister of State, Cabinet Office (Lord True) (Con)
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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.

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Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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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 Portrait Lord True (Con)
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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.

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20:18

Division 3

Ayes: 181

Noes: 202

Motion A agreed.
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Moved by
Lord True Portrait Lord True
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That this House do not insist on its Amendment 86, to which the Commons have disagreed for their Reason 86A.

86A: Because the Commons consider the requirement to provide adequate photographic identification to be the most effective means of securing the integrity of the electoral system.
Lord True Portrait Lord True (Con)
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My Lords, I have already spoken to Motion B, so I beg to move.

Motion B1 (as an amendment to Motion B)

Moved by
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20:31

Division 4

Ayes: 150

Noes: 208

Motion B agreed.

Elections Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Consideration of Lords amendments
Wednesday 27th April 2022

(2 years, 7 months ago)

Commons Chamber
Elections Act 2022 Read Hansard Text Watch Debate Amendment Paper: HL Bill 153-I Marshalled list for Consideration of Commons Amendments and Reason - (27 Apr 2022)

This text is a record of ministerial contributions to a debate held as part of the Elections Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kemi Badenoch Portrait The Minister for Levelling Up Communities (Kemi Badenoch)
- Hansard - - - Excerpts

I beg to move, That this House disagrees with Lords amendment 22.

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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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 Portrait Kemi Badenoch
- View Speech - Hansard - - - Excerpts

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 Portrait Margaret Greenwood (Wirral West) (Lab)
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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 Portrait Kemi Badenoch
- View Speech - Hansard - - - Excerpts

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.

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John McDonnell Portrait John McDonnell
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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?

Kemi Badenoch Portrait Kemi Badenoch
- Hansard - - - Excerpts

Yes, I am happy to confirm it is the affirmative procedure.

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Jim Shannon Portrait Jim Shannon
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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 Portrait Kemi Badenoch
- View Speech - Hansard - - - Excerpts

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.

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16:12

Division 268

Ayes: 306


Conservative: 295
Democratic Unionist Party: 6
Independent: 2

Noes: 215


Labour: 155
Scottish National Party: 42
Liberal Democrat: 10
Independent: 3
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1
Alba Party: 1

--- Later in debate ---
16:28

Division 269

Ayes: 306


Conservative: 296
Democratic Unionist Party: 6
Independent: 2

Noes: 213


Labour: 153
Scottish National Party: 41
Liberal Democrat: 10
Independent: 3
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Green Party: 1
Alba Party: 1

Lords amendment 23 disagreed to.
--- Later in debate ---
00:00

Division 270

Ayes: 306


Conservative: 295
Democratic Unionist Party: 6
Independent: 2

Noes: 213


Labour: 152
Scottish National Party: 41
Liberal Democrat: 10
Independent: 3
Plaid Cymru: 3
Green Party: 1
Alba Party: 1
Conservative: 1

Lords amendment 86 disagreed to.