Ballot Secrecy Bill [HL]
Thursday 26th May 2022
(1 year, 10 months ago)
Lords ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text
Ballot Secrecy Bill [HL]
Friday 15th July 2022
(1 year, 9 months ago)
Lords ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text
Lord Hayward (Con)
My Lords, on 18 July 1872, almost exactly 150 years ago to the day, what is now known as the Ballot Act received Royal Assent. On 15 August 1872, 150 years ago bar one month, a secret ballot was used for the first time in Pontefract in a by-election, which the Liberals won.
The Ballot Act presumed very clearly that people should have the right to vote in secret without being accompanied or intimidated in the way they vote. What we have now, unfortunately, is something called family voting. This has been a matter of discussion for a number of years and it sounds wonderfully friendly, but friendly it is not. It is a form of intimidation of people, usually females, when they are casting their vote, because somebody else is accompanying them to the polling booth. It is a very difficult situation for polling station officers and presiding officers to control, because on many occasions, as all noble Lords will recognise, the presiding officer is a female, and if they approach a male saying, “You should not be there”, they feel intimidated. I shall refer to that in a minute.
The issue of family voting has been a subject for discussion for about a decade. The Electoral Commission has looked at this and provided guidance in one form or another to polling station officers, the police and others in an effort to ensure that there is no accompanying family voting in any form whatever. But it is not a problem that is going away. This is an issue that the Electoral Commission has repeatedly addressed and attempted to resolve by giving more and more guidance. It has been around for a decade. Last autumn I wrote to the Electoral Commission and the Met and asked them what they were going to do in relation to family voting. In January I received the normal assurances: it is being tackled; there is training available; we will deal with it with presiding officers and the police. The Minister wrote to the Electoral Commission and the Metropolitan Police, and in early April received exactly the same response: it was all being dealt with. So it would be reasonable to presume that it was not a problem, but the Democracy Volunteers report, to which I will refer in a few moments, identified that it is still a very serious problem indeed.
As I have identified, this is essentially a problem of men standing alongside women and telling them how to vote, or female presiding officers not having the confidence to challenge the men. When I raised this on a television programme recently, a lady from Harrow wrote to me that she had complained because she had witnessed this family voting happening. When the presiding officer, a female, went to the male concerned and he refused to respond, the presiding officer had no other force of law on which she could act.
Democracy Volunteers, an excellent organisation, has produced its report on the most recent local elections. It did surveys right across the country, and I quote from its report:
“Our team of observers saw several challenges to the electoral process … focused around the challenge of family voting ... Our team saw family voting in 25% of all the polling stations we observed.”
That is not just polling stations in Tower Hamlets—one knows that that is where all the attention has been. In Newham, 36% of polling stations were observed to have this problem at some stage. Lewisham and Croydon had 35%. All these are worse than Tower Hamlets, which was more than 30%, but in Northern Ireland—showing that this is a national problem—family voting took place in an almost unbelievable 42% of polling stations observed.
So, what is the current state? Efforts have been made—I referred to the training that has been undertaken—but when you raise the subject, you tend to get three basic replies. One is that the law already covers this issue. This is the response I got from the officials. If it does cover the issue, why does the Electoral Commission guidance not identify that there is a specific offence in law? Secondly, it seems to be viewed as just a Tower Hamlets problem. Even if it were, that would be bad enough, but I have just cited cases across the country and it has been running for a decade. The decade for which people have been looking at it is crucial, because the other response one gets is, “We will aim for consistent and effective enforcement”. The only thing that is consistent is the ineffective enforcement, as shown by the figures from Democracy Volunteers.
I specifically asked the Electoral Commission on 20 April 2022 whether it is
“against the law, except in specific circumstances to be present, or attempt to be present, in a polling booth while another person is casting their vote”.
Shaun McNally, the new chief executive, responded with great clarity to my question on 22 April, saying that
“there is no offence in law … as you have described … it would represent a breach of polling procedure”.
We therefore have a direct conflict between what officials in the department and the Electoral Commission are saying. You cannot have effective action if the law is unclear. When there is clear law, the guidance and the actions available to the polling station staff and police will be clearer.
I have had very good conversations with the Electoral Commission in the last few weeks. I put on the record my thanks to Mr McNally and his staff for their assistance on this. They have now agreed to seek counsel’s opinion on their interpretation of the law. This is enormously helpful. Mr McNally has even offered that I should be involved in drafting the inquiry to counsel. If counsel’s opinion says that the Electoral Commission is correct, my Bill is necessary and the guidance could be changed to emphasise the breach of law. If counsel’s opinion says that the officials’ interpretation is correct, the guidance can be changed without any change to the law and be much more emphatic. We await counsel’s opinion, but in the meantime I beg to move.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I congratulate the noble Lord, Lord Hayward, on securing his Private Member’s Bill and getting it so early in the ballot. I was not so successful but my Bill got out of the traps yesterday, so we are well away too. Many of us in this House have stood for elections, won them and lost them, and I am sure that we are all democrats. We need to ensure that all our elections are free from abuse, intimidation and fraud. It is just wrong that people can have their opinions stolen from them and that people act in an illegal manner.
This is a small Bill—only one clause—but it is really important, for the reasons the noble Lord has outlined. It is a small amendment to the Representation of the People Act 1983 to help deal with intimidation at polling stations. In many cases, we know it happens only in specific areas; it is not a problem everywhere in the country, generally speaking, but we can all pinpoint areas where there can be problems. Having said that, I hope that, when we get a new Prime Minister, they will look at the whole issue of our electoral law, which desperately needs some revamping and bringing up to date. I have been asking for this for many years; I am always told that it is coming soon, but it never arrives. I hope it will happen. The noble Lord, Lord Hayward, was absolutely right about the Ballot Act 1872. Before that, intimidation, abuse and all sorts of dreadful practices were commonplace.
Lutfur Rahman was elected mayor of Tower Hamlets in 2014 but then found guilty of corrupt practices and, quite rightly, disqualified. It is a matter of great regret that he was able to return and get elected this May. Most people found guilty of corrupt practices would disappear, never to be seen again. Sadly, at the end of his ban, he has reappeared and got himself elected again, which is very worrying.
I am also conscious of some of the reports of people being told, “You must vote for Lutfur Rahman” in that Tower Hamlets election in 2014. The BBC did a report into corrupt practices and found that there were issues at up to a third of polling stations. As the noble Lord, Lord Hayward, said, 85% of people affected were women, which is absolutely dreadful. It is appalling that this can be going on in our democracy today. One of the people the BBC interviewed was a guy called Azmal Hussain, who said that he had been intimidated and his vehicle damaged. That is absolutely appalling.
The noble Lord, Lord Hayward, also mentioned the Electoral Commission, of which I used to be a member. It is a great body that does lots of good work, but the noble Lord made that point about guidance—it is guidance; it is not actually written down in legislation. That is one of the problems we have here and why this Bill is so important. We cannot just leave it to the commission to issue guidance. We need actual Acts of Parliament where these things are outlawed, because at the moment it is ambiguous and unclear, and people can interpret the guidance in all sorts of different ways. That is the problem.
We need this Bill. I hope the Minister will give a positive response to it when he speaks, because I think it is important and necessary. I again congratulate the noble Lord, Lord Hayward, on his Bill, and I look forward to supporting it. As I said on an earlier Bill, I hope that we do not get any amendments to it, because we want to get it off to the House of Commons quickly with no useful amendments, no matter how good they are. The Bill itself deals with the problem, and we should let it get to the House of Commons as quickly as we can.
Lord Rennard (LD)
My Lords, the provisions in this Bill were debated during the passage of the Elections Act earlier this year, and the principles behind it have our strong support.
As the noble Lords, Lord Hayward and Lord Kennedy, both said, it was 150 years ago that the Ballot Act 1872 first required parliamentary and local government elections in the UK to be conducted by secret ballot. Prior to that legislation, tenants feared eviction if they did not vote as their landlord would have wished; small retailers feared that they could not vote against the wishes of their bigger customers and risk losing business; and with no spending limits yet in place, candidates could bribe voters and check that they had voted as they had agreed. The principle of the secret ballot had been a key aim of the Chartists, and it is an essential democratic principle—but it can be undermined, and this Bill addresses concerns about polling stations.
However, my major concern about ballot secrecy is not with polling stations but with postal votes. The system is too open to abuse. In the Rochdale constituency in the 2010 general election, several hundred postal votes were submitted on which the “X” next to the name of the Liberal Democrat candidate Paul Rowen, the Member since 2005, was either crossed out or tippexed out, and the ballot papers then showed crosses next to the name of the Labour candidate. I do not seek to make a party-political point but just to demonstrate how postal voting can breach principles of secrecy.
Too often, a family may fill in their ballots at the same time under the watchful eye of someone acting as the head of the household—if they do fill it in themselves. It was because of concerns such as these that I led the opposition to a move by the Labour Government in 2004 to abolish polling stations and make voting in four English regions in the local and European elections that year by postal ballot only. Some Members of the House may remember that we sent that proposal back to the Commons about five times before Conservative Peers eventually backed down and let the measure go through. The eventual outcry meant that the pilots were never rolled out. I hope that the Labour Front Bench will note that Conservative Peers at that point were not at all reticent when they were in opposition about blocking measures they considered to be an abuse of democratic principles.
The need for the measures in this Bill has been questioned by government Ministers, but there is an obvious lack of clarity on the issue because, as the noble Lord, Lord Hayward, said, advice from Ministers and the Electoral Commission has differed. It is not satisfactory to say that the practice of family voting is already illegal, because the practice is not uncommon and is not always prevented.
A visible police presence at polling stations is a critical part of preventing electoral fraud, but even where police are present, so-called family voting still occurs. As has been said, the Democracy Volunteers organisation witnessed this practice taking place in about a quarter of the polling stations it observed in the London Borough of Tower Hamlets in May this year. It says that it is a national problem, not just one confined to Tower Hamlets.
The question I hope the Minister will address is: if the practice is already illegal and the Bill unnecessary, why is it sometimes so prevalent? The Electoral Commission guidance for polling stations makes no reference to the practice being against the law. Perhaps the QC’s opinion will confirm the illegality of the practice and the Electoral Commission guidance will be changed to reflect this. Presiding officers and the police will then be more able to prevent it. Unless and until we have that clarity, the Bill is necessary.
I pay tribute to the noble Lord, Lord Hayward, for his tenacity in pursuing this issue. I close by saying that it is 29 years to the month since I was overseeing my party’s campaign in the Christchurch parliamentary by-election, which prevented his return to the other place. He may not have thanked me at the time, but the result eventually enabled him to play a distinguished role in this Chamber and for us to become good friends on opposing Benches. On this measure, we agree.
Viscount Waverley (CB)
My Lords, I apologise to the House for speaking—briefly—in the gap, but there is more to this Private Member’s Bill than immediately meets the eye. I speak in support of the essential need for the UK always to strive for gold standards, with clarity in guidance essential in these processes.
Also, what we do in this country is noted globally. If I may borrow the words of the noble Baroness, Lady Hayman, from her intervention on the previous Bill, standards really matter. There are messages for the Commonwealth and OSCE countries that we should be encouraging to adopt this very important measure.
Viscount Stansgate (Lab)
My Lords, I am also taking advantage of the gap to make a brief contribution. The Chartist demand for a secret ballot was one of the essential ingredients of today’s modern democracy and it is, as has been mentioned, 150 years since the Secret Ballot Act was passed, which is a bedrock of our system. I listened carefully to the noble Lord, Lord Hayward, in his introduction to the Bill and, although I am cautious about changing the law in this area, I appreciate the point he makes about the need for clarity. Therefore, I give the Bill a cautious Second Reading welcome, but some issues need to be considered further in Committee, and I shall mention just one or two.
The phrase in subsection (1)(b), “intention of influencing” will need further probing. I, like many noble Lords, have been in polling stations over many years. At what stage might it be considered in the mind of a presiding officer that someone is positioning themselves too close with the intention of influencing someone’s casting of a ballot? We do not want our polling stations full of police. They routinely go round to check that everything is all right, but we want to make sure that polling stations are not changed in a way that would render the business of voting less straightforward.
I also welcome subsection (3) about the Bill not applying to people under the age of 18, for a very simple reason. I may not be the only person in this Chamber who has taken their children to vote when they were younger. It was 30 years ago this year that I took my daughter to vote. I think it must have influenced her, because no less than 15 years’ later, she was selected as the youngest parliamentary candidate of either party—I was amazed. It instils in every young person a respect for the ballot process, and that is an important safeguard. No one taking their children in to enable them to see them voting is doing anything wrong.
I will leave my remarks there. As I said, there are one or two things that are worth exploring in Committee, but on balance I am here to vote in favour of the Second Reading.
Baroness Uddin (Non-Afl)
My Lords, I thank noble Lords for enabling me to say something in the gap. I welcome the clarity sought by the noble Lord, Lord Hayward, in seeking to make sure that the law applies fully and that people understand their obligations in the process of casting their ballot.
I will make two points. Every time the issue of secret ballots or women being influenced to vote or being under duress comes up, Tower Hamlets is the very first borough that is mentioned. I always take deep offence at that, primarily on the basis that not all women are under duress to vote—not even 25%, in my experience. I have been knocking on doors on behalf of the Labour Party as a member of that party for more than four decades. I remember, even at the age of 18, trying to knock on doors where there were women to try to influence them on behalf of the Labour Party to say that if they were not going to come out to vote and they did not understand, I was sure that their husband, their fathers or their families would inform them of how to vote. The practice has occurred over a number of decades, as has been said by all noble Lords. However, I deeply object to the assumption that this is about some women—Bangladeshi or Muslim—who maybe do not have sufficient understanding of the electoral system. For me, these women, who are voting in vast numbers, are maybe in the second or third generation, and I do not believe that that is the case.
This time, I went around a number of voting stations in particular. It is a fact that Lutfur Rahman has returned with a democratic mandate, and we ought to remember that. Not all things reported in the media to groups that are looking for issues with an agenda may be truthful. We have to be very careful. I agree wholly with the noble Viscount, Lord Stansgate, that we have to be incredibly careful about suggesting that there is an intention to influence and what the rationales are.
My final point is that, as the mother of a son with disabilities, I have often gone into the booth with my son, and I have always been stopped by polling officers. I have never seen them being intimidated either by me or my husband when my husband has accompanied him. We ought to be very careful when the assumption is that a group of women is particularly prone to be influenced by a certain group of men because they have no voice. I state on record that the women of Tower Hamlets have an absolute right to vote in whoever they want and that not all of them are under duress. We ought to be very careful when we legislate on the assumption that some groups of women have no voice. The very fact we suggest this means that we assume that there is no voice and that they have no ability to make their own mind up on whom they wish to have as their representative.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Lord, Lord Hayward, for introducing his Bill on this issue. We have had quite a lively discussion around it. Obviously, it creates new offences for individuals who accompany a voter to a polling booth or who position themselves nearby with the intention of influencing that voter. It was good that the noble Viscount, Lord Waverley, picked up on this issue of how standards matter. Of course, they matter in so many areas, and in fact none is more important than in voting and ensuring that our voting systems in this country are absolutely of the highest quality.
Family voting was previously raised during the passage of the Elections Act, and the noble Lord made very serious points during that debate. It is good that he has picked them up again in this Bill. We have heard examples today from the noble Lord, Lord Hayward, himself, and from my noble friend Lord Kennedy, of abuse and corrupt practices in the current system. There has also been discussion about the importance of clarity from the Government on what exactly the current law is and the current guidance is. I have seen the information from the Electoral Commission and, as the noble Lord Hayward, said, it is a bit confusing and contradictory at times. It needs to be absolutely crystal clear, and that is where the importance of this Bill comes in; it creates absolute clarity as to what is acceptable and what is not.
Labour will not oppose the Bill; we will support it because we want to support steps to eliminate voter fraud. I pay tribute to the noble Baroness, Lady Uddin, for the points that she made; it is very important to bring that perspective to the debate.
I would like to draw attention to consideration for those with accessibility issues and people who may need assistance to vote—the noble Baroness, Lady Uddin, talked about her disabled son. We know that the Electoral Commission has been looking at how to improve the situation for disabled people, people who find it difficult to vote and people with sight problems—again, we discussed this during the then Elections Bill—so that they have full independence when they are voting. That is something we need to think about when we are looking at this Bill as well.
To conclude, we support the Bill. We need to make sure that we have good, strong laws and an understanding of exactly what is acceptable when people go to vote in a polling station. We give this Bill our support.
The Earl of Courtown (Con)
My Lords, I join other noble Lords in thanking my noble friend for his passion and expertise in electoral matters, and for continuing to draw attention to this important topic. I hope to continue engaging with him and the Electoral Commission further on this area. The proposals in this Bill and the debate we have had so far today have been tremendously interesting, and I am grateful for the contributions of all noble Lords.
The Government are committed to safeguarding our democracy against those who would seek to harm it. The Elections Act 2022, as mentioned by noble Lords, which received Royal Assent recently, is a testament to that, and we are hard at work implementing the various measures contained within it.
I have noted the serious allegations made in the Democracy Volunteers report into the 2022 local elections, as mentioned by my noble friend Lord Hayward. It will come as no surprise that I fully share my noble friend’s concerns on the issue of coercive behaviour—including that which is known as family voting—taking place in our elections. The Government take these matters extremely seriously and we welcome debate and discussion on proposals for changes that seek to prevent such offences taking place. Let me be clear: it is completely unacceptable for anyone’s vote to be influenced or pressured inside a polling station. Protecting the secrecy of the ballot is of the utmost importance to the health of our democracy.
I am pleased to note that a number of the measures in the Elections Act will strengthen our democratic processes in this very area. We will be expanding secrecy laws to provide the same protections to postal voters as they would have when completing their ballot in a polling station, as mentioned by the noble Lord, Lord Rennard. In addition, the Government have updated the existing offence of undue influence. The offence, as provided in the Representation of the People Act 1983, protects electors and proxies from malicious interference when casting their vote. The Government have clarified “undue influence” to make the offence easier for the police, prosecutors and the courts to interpret and enforce. The revised offence also has a broader scope in relation to intimidation and covers any act intended to intimidate a person to vote in a particular way or refrain from voting, or to otherwise impede the free exercise of their right to vote. This will include acts of intimidation around a polling station.
More broadly, I am pleased to note the introduction of a number of other measures to strengthen electoral security, perhaps most noticeably the new requirement for photographic identification at the polling station, which will go a great way to securing our elections against fraud.
I turn to the Bill before us. The measures proposed are interesting and merit consideration. The Government are still assessing these proposals, including their impacts, ramifications and suitability in the light of the new provisions of the Elections Act and the secondary legislation that flows from it, and with regard to the strategy and policy statement for the Electoral Commission’s remit. We will confirm our position in due course as the Bill progresses to Committee—and of course I have noted the general support for this Bill from all corners of the House. Part of the consideration should be whether we need a new offence or whether the existing provisions in the Representation of the People Act should be enforced more rigorously, as mentioned by my noble friend Lord Hayward and the noble Lord, Lord Rennard. We look forward to continuing discussions with my noble friend to that end.
Lord Hayward (Con)
My Lords, this has been a brief debate but the broad sense of support for this Bill has been striking. As the noble Lord, Lord Kennedy, said, it is a small Bill in terms of the number of clauses involved but covers such an important issue. I welcome the comments that have been made on all sides of the House; I wish that the noble Lord, Lord Rennard, had not reminded me of at least one summer past, but I thank him for the comments that ensued thereafter. I will not go through in detail what each person said. As far as I am concerned, the message was absolutely clear from all sides, as the Minister indicated, that there is a need for clarity, consistency and an effective approach in the polling station.
I note the comments from the noble Baroness, Lady Uddin. During my contribution, I specifically made the point that, although the concentration had been on Tower Hamlets, the highest level of offence in relation to family voting, as observed by Democracy Volunteers—if one takes it as an offence—was in Northern Ireland, and was also higher in other boroughs in London. It is a national problem that I am trying to address.
I see the noble Baroness wishes to intervene. I am not sure whether I am allowed to take interventions at this stage—I am seeking guidance—but I will keep my comments brief in the circumstances.
Baroness Uddin (Non-Afl)
I just want to say thank you. I did not want to mention that because of the time, but I am relieved to hear that it is a national issue.
Lord Hayward (Con)
That is the important matter. This has been regarded as a one-borough problem and there have been problems in Tower Hamlets during elections—I am not going to be drawn down that path at this stage—but I am trying to deal here with one specific, nationwide problem.
This appears to have the support of all sides of the House. I note the comments from the noble Viscount, Lord Stansgate, on clarity, and I particularly welcome my noble friend the Minister’s response that he wants to continue to engage and review the position as this Bill progresses. I commend the Bill to the House.
Ballot Secrecy Bill [HL]
Friday 18th November 2022
(1 year, 5 months ago)
Lords ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 15-I Marshalled list for Committee - (16 Nov 2022)
Baroness Scott of Bybrook
“Amendment of the Representation of the People Act 1983In the Representation of the People Act 1983, before section 63 insert—“62C Influencing voters at polling booths(1) A person who—(a) is with another person at a polling booth, and (b) intends to influence that other person to vote in a particular way or to refrain from voting,commits an offence.(2) A person who—(a) is near a polling booth when another person is at that booth, and(b) intends to influence that other person to vote in a particular way or to refrain from voting,commits an offence.(3) For the purposes of this section—(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;(b) assisting a person with voting, in accordance with rule 39 of Schedule 1 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;(c) a person may be near one polling booth while at a different polling booth.(4) A person who commits an offence under this section is liable on summary conviction—(a) in England and Wales, to imprisonment for a term not exceeding 6 months, to a fine or to both;(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.(5) This section does not have effect in relation to an election in Scotland or Wales under the local government Act.””Member's explanatory statement
This amendment replaces the provision in Clause 1.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, in moving Amendment 1, I shall speak also to my Amendments 2, 3 and 4. I am pleased to say that the Government are supporting the Bill introduced by my noble friend Lord Hayward. In doing so, we have tabled Amendments 1 to 4 to address issues with the drafting of the Bill, to ensure that the provisions are proportionate and to avoid any unintended consequences. The Government have worked with my noble friend in preparing the amendments and I am grateful for his support and expertise in resolving these matters.
My noble friend’s Bill arises from concerns over so-called family voting; that is, family members accompanying voters into a polling booth in a polling station for the apparent purpose of influencing or guiding how they cast their vote. I draw noble Lords’ attention to the report published by Democracy Volunteers on the May 2022 elections, which highlighted instances of this practice. It was reported that staff in polling stations were reluctant to intervene when they saw it occurring. These findings are clearly a cause for concern.
We have listened to the concerns raised by noble Lords on this issue at Second Reading. The Government share these concerns and are committed to safeguarding our democracy against those who would harm it. We consider it important to ensure that there is clarity in the law on this issue, and that presiding officers in polling stations have confidence to challenge inappropriate behaviour where it occurs.
I will now set out the details of changes made by the amendments. Amendment 1 proposes a new clause which replaces the current Clause 1 and makes changes to the wording of the offence provisions in the Bill as currently drafted. Under the new clause, a person would commit an offence if they are with a voter in a polling booth and/or are near a polling booth when that voter is in that booth, with the intent of influencing that person to vote in a particular way or to refrain from voting.
The amendments are drafted to avoid the offence criminalising innocent behaviour, particularly where two voters are in a polling booth but only one intends to influence the other. By adding the requirement for intent, the offence as amended would capture the would-be offender and avoid capturing the victim. The amended clause provides that a formal companion who has completed the necessary paperwork, or a presiding officer assisting a disabled voter, would not be subject to the offence when acting in that capacity. This gives reassurance that disabled voters will continue to be able to have assistance when voting, where necessary.
The offences in the current draft of the Bill are described as “corrupt practice” and the penalties for them are out of step with those for existing secrecy offences in electoral law. The amendments therefore provide that a person found guilty of the offence on summary conviction will be liable to up to six months in prison or a fine, or both, creating consistency across legislation. The amendments remove from the Bill the exemption from the offence for persons aged under 18. The offence would apply if a person above the age of criminal responsibility seeks to influence a voter. I reassure noble Lords that the approach being taken is consistent with the drafting of other electoral offences and does not prevent a child accompanying a parent into a polling station.
The amendments provide that the measures apply to UK parliamentary elections and local elections in England. Under the amendments, the Bill will not now apply to local elections in Scotland and Wales, which are the responsibility of the devolved Administrations in Scotland and Wales, but we are making the devolved Administrations aware of our plans to update the law in this area and will encourage them to consider taking similar steps in relation to their own elections.
Amendment 2 introduces a new clause that applies the offence provisions to local elections in Northern Ireland and elections to the Northern Ireland Assembly. These elections are excepted matters and outside the competence of the Northern Ireland Assembly, and the Government consider that the new offences should apply also to these polls.
Amendment 3 makes necessary changes to Clause 2. In particular, it provides that the measures in the Bill will come into force on such a day or days to be set in regulations by the Secretary of State. This will ensure that there is sufficient time for Electoral Commission guidance to be updated and polling station officials to have training on the new offence before it comes into force.
Amendment 4 amends the Long Title of the Bill to align it with the provision made by the Bill as amended.
In conclusion, it is of fundamental importance to our democracy that voters are able to vote in secret without being coerced or having the threat of coercion. It is the Government’s view that the effect of the Bill as amended, once commenced, in combination with the existing law, is to empower presiding officers to deal with suspected offences under the Bill. This means that presiding officers will be able to ensure that voters are accompanied only by appointed companions acting in accordance with rule 39 of the parliamentary elections rules and the equivalent rules for other elections covered by the Bill, or by children under the supervision of the voter, and not by persons who may intend to influence the voter’s vote or infringe the voter’s right to vote in secret. I urge noble Lords to support these necessary amendments and I beg to move.
Lord Hayward (Con)
My Lords, much has changed since we debated this Bill at Second Reading on 15 July. I pause initially to draw attention to the time as indicated on the annunciator—14:00 hours—as one of the things that has happened since Second Reading is that Sir David Butler died only a few days ago and his funeral commences at 2 pm this afternoon. I and, I am sure, the noble Lord, Lord Rennard, are sorry that we are not present at that funeral. Like so many, I learned at Sir David’s feet—if I can use the term “at his feet” to mean from a television screen. His sheer enthusiasm and skill at communicating the detail of election results and general psephology—a word he first used in books—was substantial. I am sure we will all miss him, particularly because he is probably the last link we have with the 1945 general election. He was also president of the Pebble Club, of which I am pleased to be a member.
When I first spoke at Nuffield College, I thought I had achieved the ultimate. I now find myself speaking on election law in the House of Lords Chamber, and I feel I may have doubled up on lifetime achievements in election matters.
With those few comments on Sir David, I thank the Minister and her officials for the assistance I have received throughout, the varied ministerial teams since 15 July and the opposition spokespersons, as we have progressed. The Minister referred to democracy volunteers, and I also thank Michael Bleakley, who I probably bothered to hell in trying to establish precisely what I should do, and when and how I should do it. I appreciate his patience with me in achieving what we now have.
I am pleased that this series of amendments are government amendments. The Minister will not have seen me smiling from the Bench behind her when she quoted, in conclusion, the comments I was going to make on the reasons why I have been converted to these amendments. I did not think the wording was perfect originally, but I understand the logic and I think it is sound. As the Minister also said, I hope that these amendments will give an opportunity to the Electoral Commission, which has also provided assistance over the last few months, to change its guidance so that it is clear to all and sundry how to behave in a polling station, without stopping those who need assistance or accompaniment—whether they are disabled in some form or are accompanied by somebody underage—from receiving it.
Overall, these amendments meet with my approval. I am pleased that they are being taken forward by the Government. I welcome their support on this matter and I hope that the Bill will be able to progress with the amendments included.
Lord Rennard (LD)
My Lords, I spoke from these Benches in support of the principles of this Bill last July, and I do so again. Once again, I pay tribute to the great tenacity of the noble Lord, Lord Hayward, in pursuing this serious and important matter.
Like him, I would like to pay tribute briefly to the late David Butler. When I was an undergraduate student of politics and economics at Liverpool University 44 years ago, the standard textbook was Butler and Stokes, from which I learned, although I have devoted most of the years since to trying to overcome his conclusion in that book that a candidate’s personal vote was worth only about 500 votes. I discussed this with him on a number of occasions and as a result of elections since then, he revised his opinion considerably. We very much miss his contribution to politics and are sorry that we cannot be with his family and friends this afternoon.
I also pay tribute to the noble Baroness, Lady Scott of Bybrook, for the work of her department in support of these measures. I must admit that in considering these amendments and discussing them with the noble Lord, Lord Hayward, I thought the Government were perhaps being overcautious, as is often the case when lawyers are involved. However, sometimes they help provide necessary clarification. Clarity is what we need on these issues if the proper principles behind the Bill are to be enforced. I hope we will proceed very speedily with this Bill becoming law.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, like other noble Lords, I spoke in the debate in July. I very much support the Bill.
I want to make my own tribute to Sir David. I met him many times. He was a wonderful man and will be missed by all of us. He shaped elections and was an absolute giant in this area.
I was very supportive of the Bill when the noble Lord, Lord Hayward, brought it forward in July, and I remain so. I congratulate him on getting government support, which is no mean feat for a Private Member’s Bill. These amendments improve the Bill and I support all of them. They bring the Bill together and make it much more workable. I am sure that all in this Chamber want to ensure that our elections are free and fair, and that when people go into the polling booth they are not intimidated, coerced or made to do anything they do not want to do. At the same time, if people need help to vote, perhaps because they are disabled, this ensures that that help can be there. In that sense, the government amendments really help to shape the Bill.
As I say, I fully support the amendments and the Bill, and I am so pleased that the Government are behind it. If I may go slightly off-piste, I point out that loads of other wonderful Private Member’s Bills have been tabled. I note that the Government Chief Whip is here; I hope she and others will see that there may be others—I have one down—the Government could look at in the same light. I live in hope. I congratulate the noble Baroness on her amendments and the noble Lord on his Bill. I look forward to it becoming law.
Baroness Hayman of Ullock (Lab)
My Lords, I too thank the noble Lord, Lord Hayward, for introducing this stage of the Bill. I will be brief. At earlier stages, we debated the fact that standards matter and that they are particularly important in ensuring confidence in our voting system. Our laws need to be crystal clear and that is why the Bill is so important. It creates absolute clarity on what is and is not acceptable.
We supported the Bill at Second Reading and continue to do so. It is really good to see that the Government took the concerns raised earlier very seriously, brought forward amendments, which we strongly support, and will now support the Bill and enable it to move forward. We need to make sure that we have good, strong laws and an understanding of exactly what is acceptable when people vote in a polling station. We wish the Bill well and, like the noble Lord, Lord Rennard, we thank the Minister for her attention and for improving the Bill.
Baroness Scott of Bybrook (Con)
I thank all noble Lords for their contributions but mainly for their support for what I consider a small but very important Bill. The noble Lord, Lord Rennard, was absolutely right: clarification is important in these matters. My amendments clarify and that is important. It is also important to ensure that we have no unintended consequences that would cause trouble, possibly to disabled people and through a lack of understanding of when children can enter the polling booth, et cetera.
I thank all noble Lords so much for their support. I hope we will get this Bill through as quickly as possible. Again, I urge all noble Lords to accept these amendments on behalf not only of myself and the Government but of the noble Lord, Lord Hayward, whom I thank for bringing the Bill to the House in the first place. As I said, it is an important Bill and I thank him for the work he has done with us on it.
Baroness Scott of Bybrook
“Amendment of Northern Ireland legislation(1) In the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))—(a) in section 111, in subsection (2A), after paragraph (c) insert—“(ca) in the case of an offence under paragraph 26A of Schedule 9, on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;”;(b) in Part 3 of Schedule 9, after paragraph 26 insert—“26A “(1) A person who—(a) is with another person at a polling booth, and(b) intends to influence that other person to vote in a particular way or to refrain from voting,commits an offence.(2) A person who— (a) is near a polling booth when another person is at that booth, and(b) intends to influence that other person to vote in a particular way or to refrain from voting,commits an offence. (3) For the purposes of this paragraph—(a) a “polling booth” is a compartment in a polling station in which voters can mark votes screened from observation;(b) assisting a person with voting, in accordance with rule 36 of Schedule 5 or any other legislation, is not influencing that person to vote in a particular way or to refrain from voting;(c) a person may be near one polling booth while at a different polling booth.”(2) In Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599), in the table, before the entry for section 63 of the Representation of the People Act 1983 insert—
“Section 62C (influencing voters at polling booths)”” |
Baroness Scott of Bybrook
“(1) Section (Amendment of the Representation of the People Act 1983), section (Amendment of Northern Ireland legislation)(2) and this section extend to England and Wales, Scotland and Northern Ireland.(2) Section (Amendment of Northern Ireland legislation)(1) extends to Northern Ireland only. (2A) This section comes into force on the day on which this Act is passed. (2B) The other provisions of this Act come into force on such day or days as the Secretary of State may, by regulations, appoint.(2C) Regulations under subsection (4) may appoint different days for different purposes or areas.(2D) The Secretary of State may, by regulations, make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.(2E) Regulations under subsection (6) may make different provision for different purposes or areas.(2F) Regulations under this section are to be made by statutory instrument.”Member's explanatory statement
This amendment provides for the extent and commencement of the new Clauses and for the making of transitional provision, etc., by regulations.
Baroness Scott of Bybrook
Member's explanatory statement
This amendment aligns the long title with the provision made by the Bill.
Ballot Secrecy Bill [HL]
Wednesday 23rd November 2022
(1 year, 4 months ago)
Lords ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text Amendment Paper: HL Bill 15-I Marshalled list for Committee - (16 Nov 2022)
Ballot Secrecy Bill [HL]
Wednesday 30th November 2022
(1 year, 4 months ago)
Lords ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text Amendment Paper: HL Bill 15-I Marshalled list for Committee - (16 Nov 2022)
Lord Hayward (Con)
My Lords, I made my comments previously, thanking all those who contributed. I therefore do not intend to delay the House by making a speech this afternoon.
Ballot Secrecy Bill [ Lords ]
Tuesday 7th March 2023
(1 year, 1 month ago)
Public Bill CommitteesRead Full debate Ballot Secrecy Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 15-I Marshalled list for Committee - (16 Nov 2022)
The Chair
Before we begin, I have the usual reminders for the Committee from Mr Speaker. Please switch electronic devices to silent. You should not have food or drinks during the sitting. Hansard will be grateful if Members could email their speaking notes to hansardnotes@parliament.uk.
My selection and grouping for today’s sitting is available online and in the room. No amendments have been tabled; therefore, we will have a single debate on all the clauses in the Bill.
Clause 1
Amendment of the Representation of the People Act 1983
Question proposed, That the clause stand part of the Bill.
Paul Bristow (Peterborough) (Con)
It is a pleasure to serve under your chairmanship, Mr McCabe.
Before I speak to the clauses of the Bill, I want to acknowledge all the work of my noble friend Lord Hayward, who sponsored the Bill in the other place. He is a man of tremendous knowledge of the subject, and it is a great privilege for me to sponsor the Bill in the House of Commons. I am grateful to noble Lords of all parties in the House of Lords who have worked together on the Bill. I thank Ministers and the Department, who have already been engaged with the Bill and improved it through amendment in the Lords.
The House of Commons has had an opportunity to debate the issues that the Bill seeks to address through my Westminster Hall debate on 14 December 2022, which considered the integrity of the voting process. I am grateful to the Minister, who responded then and who is with us today.
The Bill seeks to address issues of family voting, which is where an individual seeks to influence or guide another person, often a family member, when casting their vote. Democracy Volunteers, an independent organisation approved by the Electoral Commission and funded by the Joseph Rowntree Foundation, has identified, in its observations of elections and its reports, that family voting is an issue of concern across the country. Despite the introduction of the secret ballot in 1872, the Electoral Commission has identified that the practice of family voting was not illegal.
This is not a party political issue. Baroness Hayman of Ullock in the other place said:
“We supported the Bill at Second Reading and continue to do so…We need to make sure that we have…an understanding of exactly what is acceptable when people vote in a polling station.”—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1158.]
Lord Rennard said:
“Clarity is what we need on these issues if the proper principles behind the Bill are to be enforced. I hope we will proceed very speedily with this Bill becoming law.”—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1157.]
Clause 1 sets out the amendments to the Representation of the People Act 1983. A person will commit an offence if they are with another person at a polling booth, or near another person at a polling booth, with the intent to influence that person in a particular way of voting or to refrain from voting. Importantly, the clause is drafted to avoid criminalising innocent behaviour. The intent provision ensures that someone who is with another seeking to influence a vote, whether a bystander or an innocent family member, will not be liable to conviction themselves. Particularly importantly, it also means that someone who is assisting a person who is voting, such as a formal companion of someone who is blind or a presiding officer assisting a disabled voter, is not captured by the clause. That will include those accompanied by a child or children standing together alongside a parent.
The Bill does not have an impact on elections in Scotland or Wales. I understand that the Department for Levelling Up, Housing and Communities is making the devolved Administrations aware of the issues in this area and the intention to update the law.
Clause 2 provides for the amendment of Northern Ireland legislation. Elections are excepted matters and are not within the competence of the Northern Ireland Assembly. These provisions were introduced in the House of Lords by Government amendment. Clause 3 deals with the extent, commencement and short title. The measures that I have outlined will come into force on a day to be set out in regulations by the Secretary of State. That will allow for the necessary training to be undertaken and preparations made.
In conclusion, the Bill will provide the measures needed to ensure that the practice of family voting no longer undermines the secret ballot. Having a clear offence in law will provide the clarity and certainty that our polling station officials and police need to ensure that the practice is stamped out, and should in many cases improve equality in our voting processes. Some 150 years after the introduction of the secret ballot, we will ensure that all people—all individuals—are free to vote as they wish in secret.
Cat Smith (Lancaster and Fleetwood) (Lab)
It is a pleasure to serve under your chairmanship this morning, Mr McCabe. I congratulate the hon. Member for Peterborough on introducing the Bill. I do not think anyone on either side of the House will dispute the importance of the secret ballot or the fact that, in a strong democracy, everyone casts their vote for the candidate or party they wish to vote for without any undue influence. Indeed, the secret ballot was a demand of the Chartists, so it is a long-standing demand. I congratulate the Member for bringing the Bill forward, but I will make a few points, and I hope to catch the Minister’s ear.
The legislation goes some way to allowing people to cast their vote for the candidate for whom they wish to vote without undue influence, but it strikes me that there is perhaps a gaping hole in the legislation in that it does not cover postal votes. I draw the Minister’s attention to the Law Commission report on the reform of electoral law, which clearly sets out the weakness in the system around postal votes. Indeed, the commission’s reports on electoral law over the years have consistently pointed out that UK electoral law is fragmented, that some of it is very old, and that it has not been brought together in one consistent piece of legislation.
That makes electoral law challenging for electoral administrators, and confusing for candidates and political parties. Frankly, I suspect that the general public have no chance of fully understanding the complexities of electoral law. The Law Commission has for a long time called on the Government to rationalise electoral law into one single piece of legislation—I suspect that these days it would have to be four pieces of legislation, because of devolution to the countries of the United Kingdom. That would go some way to assisting those of us who participate in elections to understand, abide by and uphold the law.
I am not planning to take up much of the Committee’s time. To conclude, our democracy is always strengthened by participation and encouraging people to take part in democracy. When I first saw the Bill and heard the conversation around family voting, it struck me that perhaps the Committee could send a positive message and encourage parents of children under the age of 18 to take their children with them to polling stations, to show them what is behind the mysterious door of the polling station and how to cast their votes. Then, when they come of age and are entitled to vote, they would perhaps not be daunted by the mysterious place that is a polling station. If people do not know what is behind that door, it can be intimidating to go and vote for the first time. So perhaps another positive that could come out of the Committee is that united message of encouraging parents to take young children with them, and to lift the shroud of mystery around polling stations.
Wayne David (Caerphilly) (Lab)
I rise to ask a simple, straightforward question. The Bill applies to parliamentary elections across the United Kingdom, including Northern Ireland. It applies to English local elections and Northern Ireland Assembly elections. As was said, it does not apply to Scotland or Wales. Rather than just informing the Administrations in Scotland and Wales of this modest change to legislation, have there been any approaches to see whether the Sewel convention could be used, so that the legislation will automatically apply to Wales and Scotland, with their consent?
Alex Norris (Nottingham North) (Lab/Co-op)
It is a pleasure to serve with you in the Chair, Mr McCabe.
I thank the noble Lord Hayward for sponsoring this important Bill in the other place and I congratulate him on securing its swift progress through to its Commons stages. I congratulate the hon. Member for Peterborough on his work in this area and on the case he made for the Bill this morning, which was very good and a handy way to start the discussion.
This is a short but important Bill for the integrity of our elections and our democracy more widely. As was covered during debates in the other place—they are very much worth a read, and it was helpful that the hon. Gentleman brought them into this debate, because some of those contributions were excellent—it is crucial that our democratic process is free from abuse and intimidation. That was the spirit of the 1872 Act, 151 years ago, which curtailed many of the terrible practices that occurred in elections before its passing. As was explained in the other place, however, a clear and identifiable problem remains with the Act as it stands: it does not give presiding officers the right tools to tackle the problem of people being compelled to vote one way, or not at all, by others.
It is unacceptable that such practices still occur. The intimidation of voters is contrary to all our democratic principles, but the law as it stands lacks clarity on the matter. That has been acknowledged by the Electoral Commission, which it is helpful to note. There is therefore clearly a case for changing the legislation and making such practices an offence. The Bill will do exactly that.
I associate myself with the comments made by my hon. Friend the Member for Lancaster and Fleetwood about a bigger piece of work to consolidate our electoral law in one place. The Law Commission report is a good starter. Those points were well made, and I share them.
Important reassurances were given in the other place—I am sure the Minister will reiterate them—about disabled voters continuing to have any assistance they need to vote, where necessary. That practice, which is right and proper, will not be impacted by the Bill. Last week, I took part in an event—as did the Minister—organised by the My Vote My Voice campaign, which aims to improve participation in voting by adults with learning disabilities and/or autism.
I have had similar such conversations about voting with people with Usher syndrome, those who are deaf and blind more generally, and those who are blind. They all say the same thing: they want hurdles to voting lowered so that they can vote with greater confidence. Happily, the provisions in the Bill do not impair that, but there is something to be said for going above and beyond the Bill, building out from it to ensure that the right technologies are available or that there is staff training. The hon. Member for Peterborough also talked about staff training and how—including under the Elections Act 2022—there should be more training on how to ensure that people living with disabilities can vote independently. We would not then have to worry about another person being there, because the assistive technologies are there—those exist, and that is what such electors want. I hope we build out from this legislation in that way.
To conclude, it is important that we have good, strong law in this area, to provide a clear understanding of what is and what is not acceptable practice at a polling station. The Opposition support the Bill and look forward to its timely passing.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
It is a pleasure to serve under your chairmanship, Mr McCabe.
I am pleased to say that the Government also support the Bill, which is being sponsored by my hon. Friend the Member for Peterborough. We are grateful for his efforts and work in this regard. I join him in paying tribute to Lord Hayward, who has been an absolute stalwart in pushing forward this important agenda and ensuring that the Bill is before us today. He is joined in the Public Gallery by a number of others with interests in this area, including Councillor Tanner and Councillor Peter Golds.
My hon. Friend’s Bill arises from concerns over so-called family voting, which we have discussed, which is when family members or others accompany voters into a polling booth in a polling station for the apparent purpose of influencing or guiding how they cast their vote. The Government share the concerns expressed about the issue and we are committed to safeguarding our democracy against those who would harm it. That is why we are supporting the Bill.
I will run through the clauses briefly, but I do not seek to detain the Committee for too long. Clause 1 makes a number of important changes. As my hon. Friend the Member for Peterborough explained, it outlines that a person commits an offence if they are with a voter in a polling booth, or near it, but it also sets out the reasons why people would not be committing an offence in appropriate instances, which have already been outlined—with those who need assistance or are disabled.
As the hon. Member for Nottingham North said, both of us in the past few days have been to events—I am grateful to him for supporting and helping to organise an event last week—at which the importance of greater participation and greater involvement in the democratic process was clear. Those events aim to encourage and support those who need additional assistance, which is a vital part of the electoral system, although we must also ensure that we can do the things that my hon. Friend the Member for Peterborough is requiring under the Bill.
I hope the hon. Gentleman can see some of the changes that are being introduced in May, particularly with regard to people with sight loss and trying to provide a greater range of options and technology to support them, as a step forward and part of that broad agenda.
Mike Amesbury (Weaver Vale) (Lab)
I certainly support the good intentions of the Bill, but I seek clarification. How would election officials—returning officers—demarcate somebody who was going about their normal business? I know this will be reflected across the Committee Room, but if my wife and son came along, quite innocently, when I was voting and we went our separate ways, how would that natural family event be demarcated from somebody coercing or applying undue influence at the ballot box?
Lee Rowley
I am grateful to the hon. Gentleman for his comments because he raises an important point, which is: how will we interpret the legislation? Clause 3, which my hon. Friend the Member for Peterborough has outlined, provides that additional guidance will need to be put in place to give greater clarity for those who are running individual polling booths. That might not be their day job, and they might come from another part of a local authority and might be taking part in only that one electoral event, so it is right that there will be interpretation and guidance with respect to the Bill. It will be for the Electoral Commission and others to provide that as part of the overall process. Hence, clause 3 outlines the approach we suggest.
Before I come to clause 3, let me refer to clause 2.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
When the Government produce that guidance, would it not make sense for it to say that when two adults were going to a polling booth together, they would need to be doing so in circumstances whereby they were, for example, giving assistance to a disabled person? Therefore, the presumption would be that everyone should go separately, rather than there being a need to prove intent, because it is always difficult to know what is going on in someone else’s mind.
Lee Rowley
I am grateful to my hon. Friend for her suggestion. This exchange is highlighting some of the challenges around the level of prescription that needs to be in the process versus the level of discretion. That is one reason that we legislate in this place and a separate body provides interpretation.
The ultimate decision about whether things are appropriate or not appropriate in individual polling booths is down to the presiding officer in that polling booth. Presiding officers will take decisions based on the law and the guidance around the law, and the situation on the ground. I have been the elections Minister for only a few months, but I can see that there is an incredible amount of legislation and guidance in this area. That legislation and guidance provide significant prescription—it is important that there is consistency and clarity across the country when electoral events happen—but equally, guidance can never provide every piece of information for every scenario.
I take the point made by my hon. Friend the Member for Sleaford and North Hykeham and will feed it into our consideration, but it will be for the Electoral Commission to provide guidance and further information.
Cat Smith
The Minister will be glad to hear that the interventions have inspired another question from me. Will he confirm that the guidance is to be drawn up by the Electoral Commission? If so, the commission will be guided or influenced by the Hansard report of the Committee’s proceedings and the conversations we have had. However, after listening to the interventions that have been made from both sides of the Committee, it strikes me that a lot of pressure is being put on returning officers to interpret events. The Law Commission has been clear in its reports that the pressure on returning officers is increasing and the guidance is increasingly fragmented. We might be reaching a point at which the Elections Act is going to add to those complications.
Does the Minister have any concerns that encouraging people to be returning officers might be a challenge going forward, given their legal responsibilities, and the pressures of applying the law and interpreting events in polling stations? Indeed, I was not registered to vote at the last polling station I went to; I went with my partner. There were elections in Scotland and none in my part of England at the time. I think I jokingly said to him, “Vote Labour.” Can the Minster clarify that would not be a breach of the law? I am quite confident that he did not go and vote Labour.
Lee Rowley
I am grateful to the hon. Lady for her comments; she raises an important point. The guidance will be drawn up by the Electoral Commission in the normal way. As part of that process, there will be opportunities for people, including from outside this Committee, to make their views known. Ensuring that there are sufficient people to support both local and general elections is a long-term challenge within local government. Finding people to staff polling stations has been a general challenge for a number of years.
I have been talking to the Association of Electoral Administrators about the issue, and I spoke with Solace—the Society of Local Authority Chief Executives—only last Thursday. My colleagues and I will continue to do that. There are several challenges, but we are also looking at alternatives and ways to mitigate those issues. Local authorities are putting a huge amount of work into the preparations for May to ensure that the right number of staff is available, whether they are employed by the individual local authority or elsewhere in the normal way.
I hope that the guidance will provide clarity on some of those examples. I am a relatively smaller-state Conservative, but I recognise that, in certain parts of the law, it is important that there is sufficient proscription about what is happening. There should be sufficient clarity on the guidance, and enough consistency around the country for there to be no suggestion of a problem. I am sure that the Electoral Commission will read Hansard and take note of the hon. Lady’s point.
As my hon. Friend the Member for Peterborough indicated, clause 2 will ensure that the provisions cover Northern Ireland as well as England, given that elections are excepted matters. We have already talked about clause 3 to some extent. It will give the Government the opportunity to set out the day or days on which the regulations will come into force. That is what we talked about a moment ago with regard to guidance, clarification and ensuring consistency underneath the legislation, with time to work through the process.
I turn to a couple of additional points that have not been addressed so far. In her initial intervention, the hon. Member for Lancaster and Fleetwood talked about postal votes. She will be aware that there are further changes coming in under the Elections Act 2022. They will require, for example, people to reapply for postal votes every three years. I hope she can see that there is tightening going on in this place.
The Government will always look at other challenges, issues and opportunities going forward. As the hon. Lady outlined, there is a long-standing desire on the part of the Law Commission to look at how we can make this area more clearcut. The Government will continue to discuss it, and I hope that in time we can move in that direction. I know the hon. Lady will accept that this is a significant piece of work, and we need to think it through, as and when that may be appropriate.
Finally, on the point made by the hon. Member for Caerphilly, as my hon. Friend the Member for Peterborough indicated, there have been discussions with the devolved Administrations, although I am happy to provide separate information outside this Committee to answer the hon. Member’s specific question.
This is an important area of policy and an important proposal. Again, I congratulate my hon. Friend the Member for Peterborough on bringing the Bill forward and I look forward to it going on the statute book. As we have all indicated, both in this Committee and previously, clarification of the law in this area is important. That is why the Government are supporting the Bill, and I urge other Members to do so.
Paul Bristow
I do not want to talk for too long, but I will say a few words of thanks to close. I reiterate my thanks to the noble Lord Hayward and my personal admiration for him and the way he has pushed through this Bill. I also thank Councillor Tanner, who has been a source of advice and support on this, and thank all colleagues for serving on this Bill Committee, as well as the officials. Particular thanks go to the hon. Member for Lancaster and Fleetwood, who was one of the first to volunteer for this Committee. She shares my passion for these issues.
I thank everyone who has contributed to this debate. The hon. Members for Caerphilly and for Weaver Vale, and my hon. Friend the Member for Sleaford and North Hykeham made interesting points. I thank the shadow Minister, who made a good and powerful speech. The cross-party nature with which the Bill has been taken through Parliament shows this place at its best. We can produce good legislation when we all work together. Finally, I thank the Minister and the officials from his Department. This legislation is incredibly important. Today, we are upholding the integrity of our democracy.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Ballot Secrecy Bill [Lords]
Friday 24th March 2023
(1 year ago)
Commons ChamberRead Full debate Ballot Secrecy Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 15-I Marshalled list for Committee - (16 Nov 2022)
Paul Bristow (Peterborough) (Con)
I beg to move, That the Bill be now read the Third time.
First, I want to thank Lord Haywood for his tremendous work on the Bill and for sponsoring it in the other place. My notes say that it is largely because of him that the Bill is brought before us today for Third Reading. However, the truth is that it is almost entirely because of him that it is under consideration by us today.
I am grateful to the noble Lords of all parties in the other place who have worked together on the Bill. I am also grateful to the Ministers and the officials in the Department who have assisted its swift progress through both Houses.
The Bill is important to the integrity and democracy of our elections. It has cross-party support and it has been a great privilege for me to sponsor it in the House of Commons. I have spoken before about the importance and relevance of the Bill. It seeks to tackle the issue of family voting, when two or more people attempt to vote together in a polling booth, potentially leading to someone being intimidated or their decision being influenced. It is vital that voters cast their votes in secret. Once inside the polling station, no one should feel intimidated or be influenced by someone else on which way to vote, or whether to vote at all.
The Bill will clear up the powers that presiding officers have at polling stations and how they can better deal with the issue of family voting. Currently, those powers are unclear, which is partly why this issue has become so prominent. That is not a criticism of polling station staff members, but there is a grey area of what they can and cannot do if they witness offences such as family voting at polling stations.
This legislation will clear up the powers and responsibilities of presiding officers and polling station staff to prevent family voting from occurring. For those who do not think that this is a prominent issue, I will read out some statistics from a report by Democracy Volunteers on the May 2022 elections, which outlines how widespread family voting is. Some 1,723 polling stations were observed across England, Wales, Scotland and Northern Ireland. Each observation lasted between 30 and 60 minutes, and family voting was witnessed at a staggering 25% of polling stations.
The problem is not exclusive to any one area and affects all of the United Kingdom, as is evident when we break the figures down further—21% in England, 42% in Northern Ireland, 19% in Scotland and 34% in Wales. The numbers in Northern Ireland are higher due to the elections for the Northern Irish Assembly requiring voters to elect several representatives rather than just one under the single transferable vote system. That can lead to people becoming confused and needing assistance. It is not a reflection of family voting being more prominent in Northern Ireland. Unfortunately, family voting affects women the most.
The report states that more than 70% of those affected by family voting in the May 2022 elections were women. We must get a grip on this ugly practice. Women should not feel intimidated or have their vote influenced by anyone at a polling station. The report’s findings are truly concerning. It was even reported that staff at polling stations were reluctant to intervene when they saw it occurring—I reiterate that this is not a criticism of the great work that those staff do. Guidance on what they can and cannot do should be—and will now be —clearer.
Democracy Volunteers produced a report of Peterborough during the 2019 by-election, where family voting was witnessed at an astonishing rate of 48%. That impacts confidence in election results—no matter how unfairly, perhaps. It cannot be good for democracy. When I speak to different communities and constituents across Peterborough, I hear widespread support for the Bill. It will rectify the issue and tackle family voting at polling stations. It sets out the amendments to the Representation of the People Act 1983. As a result, a person would commit an offence if they were with or near another person at a polling booth with the intent to influence that person in a particular way of voting or to refrain from voting. The word “intent” is important. It means that people who need help or assistance when voting due to disabilities can still receive it. It also means that parents accompanied by children standing alongside them are not committing a crime.
The people who practise family voting with an intent to intimidate and influence a person’s vote have no respect for the secret ballot. It is wholly inappropriate and is a rising threat to our democratic right to a secret ballot in the UK. We must uphold our values and traditions. Secret voting was introduced just over 150 years ago, in 1872, to tackle many bad practices in elections at that time. The Bill is a continuation of the idea that voting should be done secretly. It will give presiding officers the correct powers to tackle the problem then and there at the polling station. There is only room for one person and one mind at the ballot booth. This Bill will ensure that that is always the case, which makes it a crucial piece in updating and protecting our democracy.
Bob Blackman (Harrow East) (Con)
I rise to support the Bill in the name of both my hon. Friend the Member for Peterborough (Paul Bristow) and, as he rightly says, Lord Hayward in the other place, who has done a brilliant job over many years on electoral reform and ensuring that our ballots are cast fairly and properly.
It is a fundamental part of democracy that people can go to a polling booth if they are on the electoral register. They give their name, they show their polling card and they are issued with a ballot paper. No one should then influence them over which way they cast their vote. In my long experience serving in the London Boroughs of Brent and Harrow, we have witnessed that at first hand all too frequently: not just the influence of one man over one woman, but often a man over a whole family—and it can be a large family who go in, with the women and young men being told which way to vote.
In certain places, particularly London, we have elections on many different systems: we often have local elections the same day as a general election, and we have the London mayoral and assembly elections, where three ballot papers are issued at one time. There is potential for confusion and a need for clarification. My hon. Friend the Member for Peterborough has outlined that it would not be an offence for someone to ask for help and assistance.
In my experience, presiding officers and clerks are always available to offer that help and assistance, particularly to those who have disabilities. They often go out of their way to come to the doors of a polling station if necessary, to assist someone who is disabled to register their vote properly. The problem arises when some people seek to influence others and make sure that they vote in a particular way, especially when it is against their will and they do not really want to do it.
The most important thing is that we safeguard the ballot in a free and fair way through this Bill, which I am sure will receive cross-party support. I know it was supported when I had the pleasure of serving on the Bill Committee—albeit very briefly—and hon. Members want to ensure that it makes progress. In my borough, we pride ourselves on being very diverse. We have someone from every country on the planet, every religion, every race, every background, every language—you name it, we have it. People need to feel free when they go to vote, and to feel that their vote is going to count in the way that they wish it to.
However, I am afraid we have had many experiences of families coming together into polling stations and almost being forced to vote in a particular way. That cannot be right and it needs to change. Many may agree with the candidates they are voting for, but the most important thing is that family voting needs to be outlawed.
In supporting this Bill, I say to my hon. Friend that it clears up one issue of concern. The Government have taken action on preventing personation, and the requirement for identity cards and suchlike to be used at polling stations to prove that someone is the person entitled to cast the vote is an important reform. I look forward to that having a massive impact on stopping people from personating other individuals on the register.
My one concern is that we have seen rapid growth in the use of postal voting. I support this Bill completely, but, where large households register for and are sent postal votes, there is still the risk of those people being coerced into voting in a particular way, or—even worse—not even voting themselves, but just filling in the identity element, with the head of the household filling in the rest of the ballot papers before they are sent back. That is something we must think about if we wish to safeguard our democracy.
I will end there, because I know other colleagues wish to speak and we want other Bills to go through. Despite that note of caution, I warmly welcome this Bill, which will improve the secrecy and sanctity of our ballots.
Scott Benton (Blackpool South) (Con)
I thank my hon. Friend and very sound colleague the Member for Peterborough (Paul Bristow) for promoting the Bill and Lord Hayward for his sterling work in the other place and his work on electoral reform issues over many, many years.
It is absolutely fundamental for democracy that elections are free and fair. Fraudulent voter intimidation or any other form of undue influence on our democracy is simply unacceptable. It is more important than ever that we foster trust in our political system and that the electoral process is above suspicion. Secret voting has been in place since the Ballot Act 1872. Our society rightly believes that it is up to individuals to decide how they will vote; it is not a decision for their family, for local leaders or for any other group to make.
Unfortunately, over recent years we have seen several high-profile cases of unscrupulous behaviour corrupting election results. This has damaged public confidence in the system. Although Tower Hamlets provides the clearest example in recent memory, the problem is by no means limited to any one part of the country. It has been going on for many years.
Having been a local resident in Calderdale at the time, I recall the shocking findings in Halifax during the 2010 general election, when Calderdale Council admitted that 763 postal votes from the Halifax constituency failed to match voter registration records. That prompted the local Conservative party to submit a lengthy dossier to West Yorkshire police, which highlighted a number of mis-practices that were then investigated. They included—but were by no means limited to—voter impersonation, bullying, multiple postal votes dispatched to empty properties, bogus voters and false registration. Much like in Tower Hamlets, I am afraid the police were far too slow to investigate the issues. Frankly, they were reluctant to get involved with what was incorrectly seen as a party political matter.
Lord Pickles rightly identified the practice of family voting as a specific concern in his 2016 review into electoral fraud, in which he recommended the strengthening of guidance and training. As recently as last year, as my hon. Friend pointed out, Democracy Volunteers, an impartial group that observes and reports on UK elections, suggested that family voting continues to be an issue and was witnessed in more than a quarter of the polling stations it visited.
I am particularly concerned that family voting and voter intimidation disproportionately affect women in Asian communities. A 2015 Manchester University paper for the Electoral Commission found evidence among interviewees in Pakistani and Bangladeshi-origin communities that hierarchical family structures often mean that women are expected to follow the lead of the head of the household. This creates additional family voting vulnerability, especially among ethnic minority households. That was also the conclusion of the Democracy Volunteers report on the Tower Hamlets election, which found:
“Those subjected to family voting…were invariably women…from the Asian community and those causing family voting were generally men”.
That absolutely runs contrary to British values. I am concerned that this is just one example of an issue to which cultural sensitivities and misplaced political correctness have frankly caused a blind eye to be turned for far too long.
By introducing a specific new offence, the Bill will clearly demonstrate our commitment to secret voting and will reaffirm an individual’s right to freely choose who they vote for. It will give our brilliant presiding officers more confidence to challenge any suspicious behaviour and, if necessary, involve the police. I believe this is where the Bill will have the most impact, by making it clear that individuals who accompany a voter to a polling booth, or who position themselves nearby with the intention of influencing a voter, will be breaking the law. By making this clear, and by giving presiding officers confidence, we will have the best chance of preventing family voting and ending undue influence at our polling stations. If these practices are not challenged at the polling station, they will simply continue. In passing this Bill, I hope the Electoral Commission will update its guidance to make clear to all concerned the importance of ending these practices once and for all.
Selaine Saxby (North Devon) (Con)
I congratulate my hon. Friend the Member for Peterborough (Paul Bristow) on introducing this important Bill, because a private vote is at the heart of our democracy. Every citizen over the age of 18 is eligible to have their say, from electing a local councillor to national referendums. Without this basic principle, voters are exposed to the risk of bribery, blackmail and other forms of peer pressure and unfair influencing.
The current situation allows someone to enter the voting booth with another person. In some cases, this can lead to a voter being unduly influenced and coerced in how they vote. This practice may be used by a husband to instruct their wife on which way to vote, which is clearly unacceptable and flies in the face of what the suffragettes fought for more than 100 years ago. Women, and men, from every background have the right to vote for the candidate who best reflects their interest and, I dare say, this sometimes might not align with their husband’s interest.
I welcome the exception for children who enter a polling booth, as teaching our youngsters about the democratic process in such a hands-on way is vital to ensuring that they engage with democracy as they grow up. Similarly, there will always be those who require physical assistance with the voting process but, in making sure that we maintain the strength of our democracy and represent all our constituents and their needs, I warmly welcome this Bill and the support it will provide in ensuring the right to a free and private vote.
Dr Kieran Mullan (Crewe and Nantwich) (Con)
I, too, thank my hon. Friend the Member for Peterborough (Paul Bristow) for introducing this Bill, as it is vital that we protect the secret ballot as part of our democracy.
As is often the case with private Members’ Bills, I have come to understand an area of our law and history that I previously did not understand so well. We take the secret ballot for granted, but we have not always had it. Previously, people had to declare for whom they had voted, and they were subjected to all kinds of harassment, intimidation and bullying by, for example, their landowner or employer to vote a particular way. The first attempt to introduce a secret ballot was made in 1853 by Thomas Thompson, the Radical MP. The issue gained more traction in the 1860s, with the secret ballot being established in the 1870s. It has been a fundamental part of our electoral process ever since.
Members have spoken about the importance of the secret ballot in preventing people from being intimidated or pressed to vote in a particular way but, of course, it is also important because it reduces the chance of a voter being bribed. Our vote cannot be bought if we cannot show how we voted. There are two facets to the secret vote.
We have covered some of the other changes made to our voting system since the introduction of the secret ballot. There are other things on which we need to work, but I welcome this Bill because the secret ballot is such a fundamental part of our democracy. My hon. Friend spoke about the fantastic work done by Democracy Volunteers. As MPs, we see how, in all sorts of ways, our communities and civic life are improved by volunteers, and voting is no different. I have learned today that voting is another area in which volunteers play an important role.
My hon. Friend mentioned that more than 200 people across the nation volunteered to take part in the research, which gives us a powerful insight and shows that this is not a small or one-off issue but is widespread. Twenty-five per cent. of the observations found this practice was taking place, which demonstrates how important it is that we do everything we can to ensure privacy in the polling booth. It cannot be easy for the people who work at the polling station, and we are very sensitive to the fact that people in the polling booth should feel comfortable and respected. It would feel uncomfortable to be approached, or to be interacted with in any way, in the polling booth, and this Bill will give staff the confidence and legal clarity they need to tackle these issues. This is not about blaming them, as it is not their fault, but they will need a lot of support to be able to intervene in what is a very sensitive area.
I welcome the exceptions in this Bill. We all have constituents who would physically struggle to make that journey to the polling booth. Yes, we can encourage them to take up the offer of a postal vote, but we also know that some people absolutely want to make that journey, no matter how difficult that might be physically for them. This is important, so I welcome the exception that has been made. If even a single person is having their vote influenced in this way, we should do everything that we can to stop it. I pay tribute to my hon. Friend the Member for Peterborough (Paul Bristow) for introducing the Bill and to my friend, Lord Hayward, who is in the Gallery, for taking it through in the Lords. I am glad that we have made progress today, and I look forward to the Bill being passed.
Mr Louie French (Old Bexley and Sidcup) (Con)
I rise in support of the Bill, which, as a by-election winner, holds a special place in my heart. That is not only because my noble friend, Lord Hayward, was the chair of my selection meeting, where his passion and knowledge of electoral matters was clear to all of us, but, as we have heard already, because it was during a by-election more than 150 years ago, in 1872, that a secret ballot was first used. This followed the Ballot Act 1872, which made provisions for every elector to be entitled to mark the ballot paper without being seen by anyone else.
The principle of the secret ballot is the bedrock of our system and an essential democratic principle. It is therefore unacceptable that there are some cases that undermine that principle, namely through family voting, where, as we have heard already, a voter is accompanied by another person into or near a polling booth with the intention of influencing their vote. I welcome the fact that the Bill introduces an important and specific new offence for individuals who accompany a voter to a polling booth, or position themselves nearby with the intention of influencing a voter.
I also welcome the fact that the Bill does not apply to, first, a companion of a disabled voter who has made the required written declaration to allow them to assist a disabled voter, and, secondly, to a child of a voter accompanying them to the polling station. I am sure that I am not the only Member in this Chamber today who, as a child, went with their parents when they voted—I can remember it well. In my case, I went with my mum, who is hugely passionate about women exercising their hard-earned right to vote, and who instilled this passion in me, which is one of the main reasons why I support the Bill. Thankfully, for me, my mother also votes for me in person, but I do not unduly influence her. [Interruption.] Or so she tells me, yes.
As Democracy Volunteers discovered, more than 70% of those being affected by family voting were women. Further to that, I welcome the fact that the Bill also provides our brilliant polling station officers and presiding officers across the country with the clarity and support that is needed effectively to act on these issues when they occur.
The Government are committed to protecting our democracy against those who seek to harm it, which was demonstrated by the Elections Act 2022. I welcome the fact that the provisions in the Bill complement that important work. Voter fraud remains a serious issue, particularly in parts of London and, as we have heard, particularly around postal voting, which my hon. Friend the Member for Harrow East (Bob Blackman) has already highlighted. We need to come back to that matter and do all we can to stop voter fraud.
Bob Blackman
As a fellow London MP, my hon. Friend will know that we have multi-member constituencies, particularly for local elections. That can lead to confusion in voters’ minds. Does my hon. Friend agree that we need to ensure that the guidance tells people how many votes they have and how they should cast them?
Mr French
I completely agree with my hon. Friend. Some of the clarification and changes, particularly around the mayoral elections in London, will help with that clarity for voters and the voting public.
I wish to thank my hon. Friend for steering the Bill through the House and ensuring that our democracy receives the protection that it deserves. I also applaud him for that fantastic new suit that he has worn today to deliver that. I pay tribute to Lord Hayward again for his tenacity in pursuing this issue, which is a reflection of his passion and expertise in our democracy and other electoral matters, and I am pleased to support the Bill.
Peter Gibson (Darlington) (Con)
I commend my hon. Friend the Member for Peterborough (Paul Bristow) for ably taking up this Bill on behalf of Lord Haywood, whom I also commend for all his work, including on this Bill.
The integrity of our elections is essential to our democracy. We must ensure that people have faith in the electoral process, and this Bill is another step towards strengthening our existing voting laws, by safeguarding the secrecy of voting in our elections. This Bill will tackle concerns about so-called “family voting”. We have a secret ballot for a reason. The fact that current rules allow someone to be accompanied into a polling booth, out of sight of the poll clerk, and potentially influenced into voting a particular way, drives a coach and horses through the whole idea of ballot secrecy. This Bill strikes me as an entirely common-sense reform.
There should be no need for voters to go into the polling booth with someone else, unless they have gone through the formal process of requesting the assistance of a companion due to a disability or inability to read or write. I am pleased that this Bill does nothing to disenfranchise voters who may need assistance, ensuring that disabled voters and voters unable to read will continue to be entitled to assistance necessary to exercise their vote. Indeed, section 9 of the Elections Act 2022 includes provision for
“such equipment as it is reasonable to provide for the purposes of enabling, or making it easier for…persons to vote independently”.
That extends the very narrow and prescriptive provisions that preceded it.
I am pleased that both the Government and the Opposition have been supporting this Bill, which will deliver measures to eliminate voter fraud and voter control. Ahead of the local elections, which we are swiftly approaching, we all have a duty, as parliamentarians, to encourage democratic participation. Having served on the Bill Committee for the 2022 Act, I welcome the measures the Government have taken to guarantee the security of the ballot. I also pay tribute to the excellent campaign being run by the Electoral Commission to make voters aware of the new requirement for photo ID in order to vote, which takes effect in May’s local elections. Finally, I am delighted to support my hon. Friend’s Bill and I look forward to it passing its Third Reading.
Alex Norris (Nottingham North) (Lab/Co-op)
I add my congratulations to Lord Haywood on initiating this important Bill in the other place and on securing its progress so far. If it is successful—I think we can have complete confidence in that success—it will be the first private Member’s Bill in several years to start in the other place and make it on to the statute book. That will be no mean achievement and I know that we will get a decisive step closer to that goal today. I also congratulate the hon. Member for Peterborough (Paul Bristow) on his leadership of this legislation in its proceedings in the Commons and on the case he has ably made for his Bill today and in previous sittings.
Significant contributions were also made by other Conservative Members. I want to cover the point made by the hon. Members for North Devon (Selaine Saxby), for Old Bexley and Sidcup (Mr French) and for Darlington (Peter Gibson) about disability in a moment, because it is such an important point—let me associate myself with the comments they made about its importance.
First, however, I wish to deal with something that the hon. Member for Harrow East (Bob Blackman) said in an intervention. He always has interesting points to make on our democracy and how it runs, some of which I agree with and some of which I do not, as he knows. The one he made about guidance is so important—guidance is always important. We are all saying today that voting is an individual act, a “private act”, as the hon. Member for Blackpool South (Scott Benton) characterised it. If that is the case, we have to make it easy to do, so that, in general, a person would not need to solicit support because the guidance is so clear and things are obvious.
I am less of a fan of the more complicated and novel systems of election, but sometimes there may be multiple candidates and that does get tricky. When the single transferable vote is used, people wonder whether to vote in the first column or the second column—that can get tricky. It is up to the regulators and, obviously, the leadership in this place, to make sure that that guidance is so clear. That touches on the point made by the hon. Member for Crewe and Nantwich (Dr Mullan) about the staff working in the polling stations, as we need things to be easy for them too. We cannot now have a significant range of burdens, or even tensions or anxieties, for them in respect of having to become enablers and supporters of votes; they do not want to be going anywhere near those booths either. The guidance has to be really clear, both for the individuals and for the staff we ask to administer those elections.
I wish to make a point or two of my own, but I am pleased that there is such consensus on this issue. As the hon. Member for Peterborough said, this is fundamentally a point about clarity. No matter how well established the spirit of the Ballot Act may be, 151 years later there is a lack of clarity, and the Bill adds that clarity. Our democratic processes must be free from intimidation and—a point made by the hon. Member for Crewe and Nantwich (Dr Mullan)—free from inducement as well. That was the spirit of the Act which put into law the secret ballot that we enjoy to this day. In one fell swoop, it put an end to the egregious practices of landowners and employers influencing their workers’ or tenants’ votes.
However, a clear and identifiable problem remains with the Act: it does not give presiding officers the right tools to fully tackle the problem of people being compelled to vote in one particular way, or indeed not at all, by others. Those practices are always unacceptable, but they do happen, and this is the moment for us to act to end them. Intimidation of this kind goes against all our democratic principles, but there is an ambiguity, which the Electoral Commission has highlighted, so the case for change is clear.
In the other place, the Government provided important reassurances about the continuation of any assistance that disabled voters may need in order to vote. That is right and proper, and I am glad that it will not be affected by the Bill. As we heard from my hon. Friend for Darlington (Peter Gibson), there was a “build-out” for this in the Elections Act 2022. Nevertheless, I think that, as far as humanly possible, we should collectively seek to render this moot by providing appropriate assistive technologies enabling disabled people to vote independently, which would remove the need for another person to be there.
In Committee I mentioned the My Vote My Voice campaign, which aims to improve participation in voting by adults with learning disabilities and/or autism, as well as campaign groups representing deaf people, blind people, people living with Usher syndrome, and deaf-blind people more generally. They want the right technologies and support to ensure that as many people as possible—indeed, virtually everyone—can vote, and vote independently. That should be our aspiration. As I have said, the Elections Act has moved us in the right direction, but I suspect that we will need to monitor the success of its provisions and those of the Bill, and I dare say we may need to go further still in the fullness of time.
Notwithstanding those points, the Opposition welcome the Bill and are glad to support it today. It is vital for us to have clear law in this area, with no ambiguity about what is and what is not acceptable practice at polling stations, and the Bill constitutes an important step towards ensuring that happens.
The Minister of State, Department for Levelling Up, Housing and Communities (Rachel Maclean)
It is a great pleasure to be at the Dispatch Box today to set out the Government’s full support for the Bill, which makes important changes to tackle so-called family voting. We have had an excellent debate, and it is a pleasure to see so much cross-party support for legislation of this kind. All of us are here because of the integrity of our democratic process. It is lovely to have consensus on issues such as this, as we sometimes do, particularly on Fridays.
The Bill seeks to enhance the integrity of voting at elections and to safeguard our democracy against those who would harm it, and I therefore welcome the progress that it has made in both Houses. Today gives us an excellent chance to see it speed its way towards the statute book. The new offence will be a hugely important addition to the various other measures, arising from the Elections Act 2022, that the Government are implementing to protect our electoral system against those who would undermine it.
As other Members have mentioned, the Government tabled a number of amendments to the Bill during its Committee stage in the other place in order to address issues with its specific drafting. Those amendments were designed to prevent the offence from criminalising innocent behaviour, particularly when two people are at a polling booth, so that only the one intending to influence the other is caught. The original drafting would have inadvertently caused the victim of the coercion to have also committed an offence. The amendments were also designed to secure exceptions for companions of disabled electors so that they could continue to be able to provide assistance if necessary. They were agreed to in the other place, and no further amendments have been tabled in either House.
It gives me great pleasure to thank all the parliamentarians who have engaged with the Bill, both in this place and the other place. I thank my noble Friend Lord Hayward, who I can see in the Gallery. He has been instrumental in driving forward the legislation by sharing his knowledge and experience on electoral matters and sponsoring the Bill in the other place. I am hugely grateful to my hon. Friend the Member for Peterborough (Paul Bristow) for his expertise and for setting out so well—both today and in his Westminster Hall debate—the need for this important piece of legislation.
It has been a huge pleasure to hear speeches from many Members today, including my hon. Friends the Members for Darlington (Peter Gibson), for Harrow East (Bob Blackman), for Blackpool South (Scott Benton), for North Devon (Selaine Saxby), for Crewe and Nantwich (Dr Mullan) and for Old Bexley and Sidcup (Mr French). It falls to me to thank the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North East Derbyshire (Lee Rowley), who responded for the Government in the earlier debate, and other Members who have given this legislation the benefit of their scrutiny, including my hon. Friend the Member for Keighley (Robbie Moore), as well as the hon. Member for Strangford (Jim Shannon), who aided the legislation along the way—it is strange not to see him in his place; we are all poorer without him.
Peter Gibson
The Minister may or may not be aware that the hon. Member for Strangford (Jim Shannon) is celebrating his birthday tomorrow. Will she join me and everyone else in this House in congratulating him?
Rachel Maclean
My hon. Friend has done me a huge service, allowing me to say a very hearty “Happy birthday” to the hon. Member for Strangford, who I also understand has tabled an early-day motion to thank Dolly Parton. I suppose it is probably quite unconventional to support an EDM from the Dispatch Box, but if you will make an exception in the spirit of the occasion, Madam Deputy Speaker, I wish the hon. Gentleman a happy birthday and hope that he is serenaded by Dolly Parton—I cannot think of anything better.
I thank my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) for her contribution in Committee, and the hon. Members for Lancaster and Fleetwood (Cat Smith), for Caerphilly (Wayne David) and for Weaver Vale (Mike Amesbury) for their interest in and engagement with the Bill.
I also thank my officials at the Department for Levelling Up, my private secretary James Selby, and the policy team—namely, Peter Richardson and Guy Daws—for their tireless work in supporting the Bill. I know how much effort they have put into ensuring that it proceeds smoothly. I am very grateful to His Majesty’s official Opposition, particularly the shadow Minister, the hon. Member for Nottingham North (Alex Norris), for all the work that they have done to support the Bill.
The Government take the integrity of our electoral system extremely seriously. We warmly welcome the changes being made, which will make such an important contribution to strengthening the integrity of voting. The Bill will ensure that there is clarity in the law so that presiding officers have the confidence to challenge inappropriate behaviour where it occurs and to stamp down on any opportunity for coercion to take place at our elections. I therefore commend the Bill to the House.
Paul Bristow
With the leave of the House, I rise again—all too briefly—to thank once again my noble Friend Lord Hayward for all his efforts to get us to this stage. His passion for and dedication to this issue have been evident for some time, and it has been a real honour to stand with him and bring this piece of legislation to where it is.
I also thank Councillors Sandy Tanner and Peter Golds, who advised me on the Bill. They are passionate about this issue and have been a vital source of advice. I thank the Minister for all her efforts, and the Ministers at DLUHC for all their support and guidance. I thank the shadow Front-Bench team and the Opposition for their support. This is a cross-party issue, and it is absolutely crucial that we make that completely clear.
I also thank the hon. Members who served on the Bill Committee. It was quite an experience trying to go around and drum up support for it, and I thank everyone who did that and who has contributed to this debate. I thank the Clerks and officials, and the Comptroller of His Majesty’s Household, my hon. Friend the Member for Castle Point (Rebecca Harris), for their guidance.
This is quite an historic occasion. It is my understanding that it is very rare to see a private Member’s Bill instigated in the other place become law—it has been some years since that last happened. Again, the fact that we are at the point where the Bill is likely to become law is testament to the leadership and passion shown by my noble Friend Lord Hayward. It has been a pleasure to be part of this—we are seeing an element of history. I hope that we can now protect our democracy.
Question put and agreed to.
Bill accordingly read the Third time and passed, without amendment.
Royal Assent
Tuesday 2nd May 2023
(11 months, 2 weeks ago)
Lords ChamberRead Full debate Read Hansard Text