Read Bill Ministerial Extracts
(1 month, 1 week ago)
Commons ChamberThe reasoned amendment in the name of the official Opposition has been selected.
I beg to move, That the Bill be now read a Second time.
There is a lot of interest from Members across the House in this Bill, and that is no surprise, because we are all proud of our British democracy. Our democracy is a fundamental part of who we are as a country. The long history of this House has been punctuated by reforms that have strengthened it. It is precisely because of that evolution of our elections and Parliament that in a world where too many beacons of democracy have dimmed, ours still shines brightly.
As parliamentarians, we are more than caretakers of democracy; we are here to actively advance it and to protect it from threats. When hostile actors at home and abroad seek to sow division, using every means possible to undermine our elections, trying to destabilise the very foundations of our freedom and our democratic institutions, then we must act. That is why we are debating the Representation of the People Bill: to secure our elections against those who threaten them; to protect those who participate; to ensure our democracy remains open and accessible to legitimate voters; and to strengthen and preserve our democracy for the next generation.
At the 2024 general election, Labour’s election manifesto committed to strengthening our democracy and upholding the integrity of elections. We campaigned on encouraging participation in our democracy, giving 16 and 17-year-olds the right to vote and improving voter registration, while fulfilling our pledge to strengthen protections against foreign interference, as well as to introduce rules around donations.
Rachel Taylor (North Warwickshire and Bedworth) (Lab)
I have come straight to Parliament from Kingsbury school in my constituency, where the year 11 pupils were saying how much they are looking forward to being given the right to vote, so may I thank my right hon. Friend for bringing that forward in the Bill?
I thank my hon. Friend for her support for these measures? They were in the Labour election manifesto on which we both stood, and it is a great pleasure now to start to implement them.
We committed to these measures because we understand that in a democracy, people must be in control of their lives and their own country. However, because we live in a time of growing instability, conflict and change, we can best protect our democracy by making it more robust and more accountable.
There are some very welcome measures in the Bill. I intend to table an amendment to stop oil and gas giants making donations, given the pernicious role that they play in undermining the action that we need to take on climate change. Will the Minister meet me to discuss the amendment and the need to clean up our politics from abuse by fossil fuel giants?
We are tightening the rules on donations so that the system can be much more robust and has much greater integrity than is currently the case.
My predecessor, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), published our strategy for modern and secure elections in July 2025. The strategy promised to restore faith in our democracy. It set out new tasks of future-proofing our democracy, keeping our elections safe, upholding our values and protecting against foreign interference. We promised to expand the democratic rights of young people and set a path towards automated voter registration.
Chris Vince (Harlow) (Lab/Co-op)
I declare an interest as chair of the all-party parliamentary group for young carers and young adult carers. Does the Secretary of State recognise that when young carers and young adult carers get to the age of 16, they have potentially already been caring for a loved one for over a decade? They are emotionally intelligent and educated enough, and have enough life experience, to deserve the democratic right to vote.
That is a very appropriate intervention. My hon. Friend makes his point very well and I agree with what he has to say.
We will establish new safeguards on digital campaigning and allow digital voter identification. We will strengthen our elections against foreign interference, and we will protect those who put their name forward to stand in elections from harassment and intimidation. Today, this Government are making good on that commitment.
The UN’s definition of an adult is somebody who is 18 years of age. Restrictions on social media are being introduced to ensure that those aged 16 and above will be protected. I genuinely and sincerely ask the Minister, when it comes to reducing the voting age to 16, have the Government considered the UN’s definition and the way that people use social media, which might mean that they are taken advantage of or abused on social media?
Yes, we have absolutely considered that and we will continue to keep under review the important matter that the hon. Gentleman raises.
Is the right hon. Gentleman aware of the alarm that people feel about the idea of cryptocurrency getting into our democracy? Is there a ban on it in the Bill? If not, why not?
As always, my right hon. Friend raises an important point. There are huge concerns about cryptocurrency, not least because we cannot track where the funding has come from. We have charged Sir Philip Rycroft with conducting a review into these matters. His recommendations will be incorporated into the Bill as it progresses through the House, so that we can tackle the matter properly.
The reason the Bill extends the vote to younger people, aged 16 and 17 years old, is simple: it is because young people are our nation’s future. The voting age has stood at 18 since it was lowered from 21 by the Representation of the People Act 1969. More recently, the Welsh Government lowered the voting age to 16 for Senedd elections in 2020 and for local elections in Wales in 2021. The Scottish Government lowered the voting age to 16 for the Scottish independence referendum in 2014, and subsequently for all devolved elections in Scotland. The change in the Bill will bring consistency to the voting age for all statutory elections across the United Kingdom.
Does the Secretary of State agree that the same arguments that were made over 100 years ago about women not being fit enough to vote are now being repeated for 16-year-olds? The success that ultimately came from including women in the franchise should give us confidence that this is the right thing to do.
I certainly share the hon. Lady’s confidence that this is the right thing to do, and I thank her for making that point.
Gregory Stafford (Farnham and Bordon) (Con)
Why, if the Secretary of State is allowing 16-year-olds to vote, is he not allowing them to stand for Parliament? If somebody can vote for the lawmaker, they can be a lawmaker. That is the logical incoherence in his argument.
To correct the hon. Gentleman, it is not me, but the House, that would be allowing 16-year-olds to vote. If people can serve in the armed forces, they should have the right to help to choose their own country’s Government, who decide on matters of war and peace. We have just heard from the Prime Minister what an outstanding job our armed forces are doing.
The Secretary of State will remember that when we both served on Lambeth council, I had the absolute honour of introducing the youth mayor elections. Up and down the country, there are 16-year-olds in public office, including many young people allocating funds in some cases in excess of £25,000 to other community groups. Young people have the capacity and knowledge, and they are willing to serve if we give them the opportunity. Does he agree?
I always agree with my hon. Friend, and not just because we are friends. I remember her introducing the youth mayor scheme in Lambeth; it was a huge success and showed how keen young people were to be involved in decisions that affect them, as well as their ability to contribute to discussions and debates in a very meaningful way.
I congratulate my right hon. Friend on extending the franchise. Has he thought about the 4 million people who live in this country and do not have access to voting? There are 22,000 of those people in Cambridge. This is a complicated issue, but has he given it any consideration? No taxation without representation is a powerful principle.
My hon. Friend will hear about that further along in my speech.
I need to make progress, or you will be angry with me, Madam Deputy Speaker. We are looking at automated voter registration so that about 7 million or 8 million people in this country who are entitled to vote but do not have the vote can do so. We need to ensure that as many people as possible who are entitled to the vote can exercise it.
The Bill allows prospective voters to register in preparation before they turn 16. As we extend the franchise in this way, we will focus on data protection. Information can be shared only in very limited circumstances, and we are bringing forward a new offence of information being wrongly disclosed.
To ensure that all our eligible young people can participate, we are introducing a new duty on local authorities in Great Britain and health and social care trusts in Northern Ireland to support looked-after children with their new right to vote. Local authorities and HSC trusts in Northern Ireland will have a duty to raise awareness of how to register and to provide assistance to help them do so. Extending the franchise is not simply “job done” with this legislation; we need to actively support young people to exercise their right to vote. We will offer young people the information and support that they need to do precisely that.
As my hon. Friend the Member for Cambridge (Daniel Zeichner) was saying a moment ago, up to 8 million people in the UK are either registered incorrectly or not included on the electoral register at all. Many of them find out only when it is too late, so they are denied their opportunity to vote. Our current process is out of date and has not kept pace with the world that we live in. We will replace this complicated, bureaucratic system with a modern, automated alternative that is as simple as possible and easier for voters to use. To get there, the Bill will allow pilots that test new and innovative approaches to electoral registration. Automated registration is already working in many countries: the examples of Germany and the Netherlands show how easy it can be.
Let me make progress; I have given way a lot.
Similar reforms are already under way in Canada and Australia, and the time is right for us to follow suit. As we move towards automated registration, we recognise that we must look again at how the open register operates. Under the Bill, those registering to vote will be asked if they wish to opt into the open register, rather than opt out, as is currently the case.
There is also a moral dimension to this matter. We know that the least likely to be registered are those on low incomes, more often renting and more often younger. Our democracy is strongest when everyone can and does participate, and that is our aspiration.
Will the Secretary of State give way?
This is an important point. The Secretary of State must be aware that large numbers of homeless people very seldom vote, because they do not have a point of registration unless they can find a church or somebody is prepared to host them. Is there a possibility that we can make arrangements for people who do not have any fixed abode but nevertheless are equal citizens like the rest of us and deserve the right to vote?
The right hon. Gentleman makes an important point. That is not currently part of the Bill, but I am always happy to keep the position under review. We want to remove obstacles to those seeking to vote and stand in elections. These measures include absent voting and a new power to obtain information to help people to understand the election process better.
The first duty of any Government is to keep their citizens safe, but in these times of profound change, that includes acting to defend our democracy. There are too many loopholes that allow foreign money to enter and seek to influence our politics. For instance, British voters face more stringent rules when donating to political parties than companies do—even shell companies and companies that are not based in the UK.
Joe Powell (Kensington and Bayswater) (Lab)
Will the Secretary of State give way?
I will give way to my hon. Friend later.
We know already that illicit finance can damage people’s trust in politics, and maintaining the confidence of the electorate is imperative. That is why we are requiring stronger checks on significant donations, requiring more transparency from those making donations and ensuring that only companies with a legitimate connection to the UK can donate to those involved in UK politics.
I will give way to the hon. Gentleman, and then to my hon. Friend the Member for Kensington and Bayswater (Joe Powell).
We in Northern Ireland have a particular, perhaps peculiar circumstance in that we have a border with the Republic of Ireland. We have political parties in Northern Ireland and political parties in southern Ireland that are the same parties, but in different jurisdictions with different responsibilities. Can the Secretary of State indicate what controls there will be to ensure that money does not traverse the border in such a way that disadvantages those of us in Northern Ireland and the United Kingdom of Great Britain and Northern Ireland who wish to have the democratic system and policies that we have here?
I appreciate the point that the hon. Gentleman makes, but the existing arrangements covering Ireland will continue.
Joe Powell
Is the Secretary of State aware of companies such as Mercantile & Maritime UK Ltd, which made a donation of £500,000 to the Conservative party before the 2019 election despite being owned by a Monaco-based Canadian individual who has subsequently been accused of continuing to trade Russian oil during the war? Will this Bill outlaw such donations?
I am sure that Members across the House will have cases and instances that they are concerned about. This legislation intends to restore integrity to the system precisely because of those concerns. I will now make some progress so that others also have the chance to speak in this debate.
A key part of our changes is the “know your donor” principle, as proposed by the Committee on Standards in Public Life, which will require political parties to take more responsibility for who is funding them. The existing rules do not specifically require recipients to consider the risk that a donor is facilitating an illegal donation, but that will now change. As the independent Rycroft review concludes, we will consider its findings, and we expect to introduce amendments as the Bill progresses.
We will also improve the transparency of digital imprint rules, recognising that campaigns are increasingly digital and that regulation must keep up with that new reality. Transparency for electors over who is trying to influence their vote is a fundamental principle.
Sorcha Eastwood (Lagan Valley) (Alliance)
Will the Secretary of State give way?
I hope the hon. Lady will forgive me if I make progress.
We are going further with our support for the Electoral Commission. The commission is the independent statutory body tasked with overseeing elections and regulating political finance in the UK, and its work is invaluable as the guardian of our democracy, but it requires stronger enforcement to meet today’s challenges, so we will strengthen its role and powers. Through secondary legislation, we will increase the maximum fine that the commission can impose from £20,000 to £500,000. We are also re-categorising administrative offences so that in most cases, they are punishable through civil sanctions; strengthening the commission’s powers to share information; and ensuring that enforcement is stronger, more responsive and collaborative. I have heard views from hon. Members regarding the commission’s strategy and policy statement. We recognise the importance of maintaining confidence in the commission’s operational independence and ensuring it can carry out its statutory duties effectively, so we will repeal in full the power for Government to impose a strategy and policy statement on the Electoral Commission.
We will legislate to protect the officials and staff who run elections, as well as those standing for election. We have all heard about the abuse, threats and dangers that scare people away from standing for election—many, if not most, Members in the Chamber will have their own stories and experiences. This has a chilling effect on our democracy, affecting the diversity of candidates and the quality of our political debate. We will not tolerate it any more.
The Government want people to feel safe and free to engage in our democracy; harassment and intimidation have no place in our elections. The safety and security of candidates and campaigners is essential to ensuring that the brightest and best put their names forward. That is why we will protect candidates, campaigners and office holders by adding a new, statutory aggravating factor for offences motivated by hostility towards them. I am calling time on the bullies and thugs who undermine our democracy. What is less well known is the effect that similar threats have on those who administer our elections—officials such as returning officers, poll clerks, and those responsible for counting the votes. These dedicated public servants perform a vital role in our democratic process, so we are legislating to disqualify from future elections anyone who seeks to harass, intimidate or abuse them in the course of their duties.
We have listened to, and reflected on, the experiences of recent candidates, and want to do more to support individuals to feel safe and secure in their homes. Under existing legislation, candidates can prevent their home address from being published on the statement of persons nominated and on ballot papers, but those acting as their own election agents do not have that option. The Bill will remove the remaining requirement for candidates to publish their home address, provided that they supply an alternative correspondence address. We will continue to work with our partners across central and local government and with the Electoral Commission to extend protections. I hope Members across the House will continue to work with us and share their experiences of how the authorities can best protect those who put their name forward.
John Slinger (Rugby) (Lab)
I declare an interest as a member of the Speaker’s Conference that investigated the security of MPs, candidates and wider elections. I put on record my gratitude to the Secretary of State and the Government in the round for the efforts they are making to ensure that, through legislation, regulations and other efforts, we do everything we can to protect our democracy from those who would intimidate candidates and everyone else involved, including officials. It is very important work, and everyone in this House and in our country has a responsibility to do everything they can to protect our democracy.
I am grateful to my hon. Friend and, indeed, to others who were involved with the Speaker’s Conference. They have made a huge contribution to the shape of the Bill and the detail of its final version.
Sorcha Eastwood
I support the Bill, but can we please ensure that the Electoral Commission and the Electoral Office for Northern Ireland are funded, as are other statutory agencies? Not all these potential offences will be civil; some will meet the criminal threshold. We need to ensure that the statutory agencies responsible for capturing criminal evidence are funded to do so.
The hon. Lady is quite right—it is important that the agencies have the resources to carry out the functions that we require of them.
The final part of the Bill contains general provisions, including on powers and commencement. I can also confirm that we have written to the Scottish Parliament, the Northern Ireland Assembly and Senedd Cymru to begin the legislative consent process.
I will finish by expanding on the point I began with, about Parliament’s role in the evolution of our democracy. Every Member of this House wants to strengthen trust and confidence in our democracy. This Bill is not the first to carry its name—it was a Representation of the People Act that extended the franchise to male landowners, tenant farmers and shopkeepers in 1832. It was a Representation of the People Act that granted voting rights to working-class men in 1867. It was a Representation of the People Act that finally granted voting rights to women in 1918, and another that delivered equality of voting rights between men and women in 1928. Today, we debate the latest Representation of the People Bill, responding to our circumstances today.
In an age of change, with new threats to our freedom arising, we must stand up and tackle foreign interference head-on. In a society transformed by new technologies, we must introduce automatic voter registration, and in this country, where politics feels distant for too many, we must bring democracy closer to people. Britain will always be a democracy, because the people of this country will never have it any other way and because the choices of the British people must always lead our nation. This is a Representation of the People Bill inspired by tradition and legislating for the future. I commend it to the House.
I call the shadow Secretary of State.
I beg to move an amendment, to leave out from “That” to the end of the Question and add:
“That this House declines to give a Second Reading to the Representation of the People Bill because reducing the voting age from 18 to 16 is inconsistent with and contradictory to other aspects of the Government’s position on ages of majority and citizenship; automatic voter registration will lead to less accurate electoral registers and open the door to fraud; the Bill has been drafted without proper engagement with political parties; the Rycroft review into foreign financial interference in UK politics has yet to report; it does not include effective measures to tackle foreign interference from China and other hostile actors; and it believes that it would be preferable to proceed with a new Bill in the next Session of Parliament, following the report of the Rycroft review and proper consultation with political parties.”
When Parliament legislates on elections and the franchise, it is not passing an ordinary Bill; it is rewriting the rules by which MPs and, by extension, Governments are chosen and removed. Therefore, changes to those rules should be made carefully, after proper consultation and in full knowledge of the potential knock-on effects. While there are many elements of this Bill that we support, it unfortunately comes up woefully short when measured against the metric I have just outlined. It creates deep inconsistencies around the age of maturity; it risks weakening the integrity of the electoral register; it side-steps serious questions about foreign interference in our politics; it reduces protections against electoral fraud; and it has been introduced without proper consultation.
To start with the process, political parties were not properly consulted before these proposals were introduced. If the Government want to defend themselves against the accusation that they are putting their thumb on the scales for narrow party political advantage, this is not the way to do it. The Secretary of State should know that a quick phone call on the day before a Bill is introduced is no substitute for proper engagement. There is a long-standing convention in this country that Governments do not unilaterally impose changes to electoral law. When the last Labour Government brought forward major electoral reforms, they did so through working groups, a Green Paper, draft legislation and Select Committee scrutiny. That Government understood that legitimacy matters; this Government have chosen to put political advantage over consensus.
In 2017, I was fortunate enough to be selected in the ballot for a private Member’s Bill, and Oldham Youth Council asked that it be about votes at 16. They have seen votes at 16 go from being a campaign to being in a manifesto and, today, to being in a Bill on the Floor of the House. If they saw this coming in a manifesto, why did the right hon. Gentleman not?
I am not sure that that addresses the point I was making, but I will come to votes at 16 in a moment. This Government have chosen political advantage over consensus, and that is part of a pattern not confined to this Bill. We have seen that in the handling of local election pilots, which were advanced without proper transparency or meaningful consultation with political parties. We saw it in the attempt to cancel this year’s May elections. That was another decision taken without proper engagement. Elections are the foundation stone of democracy. They are not an administrative inconvenience to be switched off and on at the whim of Ministers.
Against that backdrop, Ministers say that this Bill defends against political interference. The Secretary of State has said at the Dispatch Box that the Government have commissioned a review on that very subject, but they have not waited for that review to report before bringing forward the legislation. If the Rycroft review matters, why legislate before it reports? If it does not matter, why commission it in the first place? The correct action would be to await the findings of the report, and then bring forward legislation in a coherent manner at the next King’s Speech.
I appreciate that the Bill’s timetabling, and the time available for this debate, were not in the Secretary of State’s hands, but we have a huge number of Members wanting to speak on this important matter and a constrained timetable, because the Prime Minister rightly gave a statement on the middle east. [Interruption.] The right hon. Member for Islington South and Finsbury (Emily Thornberry) would like to not have this debate, and for the Bill just to be rushed through. That says a lot. This legislation is important, and time should be taken on it. We are running out of time in this Session, so why does the Secretary of State not do the right thing, pause for just a short period, introduce the Bill after the King’s Speech, and give us a proper opportunity to debate it and get it right?
I have been Foreign Secretary and Home Secretary, and I saw how persistent and serious the threats from hostile states are to the democratic process in this country and other countries. That is important, and I recognise that the Government are seeking to take action. Russian aggression, Iran’s hostile activities on British soil and the interference and espionage activities of the Chinese Government have sharpened the risks to our political system, but why have the Government not engaged with my right hon. and gallant Friend the Member for Tonbridge (Tom Tugendhat), who led the defending democracy taskforce before and during the last general election? He has been targeted by foreign Governments, and his advice has not been sought.
It is right that the Government should seek to protect our democracy from foreign interference, dirty money, intimidation and corruption, but this Bill fails to match the scale of those threats. It does not address, for example, the consequences of devolved franchise changes to UK political finance rules—the devolution loophole. We agree that no Government should accept impermissible donations. The question is not whether we should; it is whether this Bill properly targets the sources of hostile state interference. Fund transfers to UK banks are already subject to robust anti-money laundering checks. If the objective is really to stop hostile state money, enhanced security should be focused on the higher-risk routes, not on duplicating existing restrictions and stifling legitimate domestic activity. The hon. Member for Leeds East (Richard Burgon) is no longer in his place, but the mask slipped when he basically invited the Secretary of State to ban donations from legitimate British companies because he just does not like the industry they are in. That is what causes concern about the integrity of the decisions being put forward in this Bill.
Turning to automatic voter registration, individual voter registration was introduced for a reason: to improve accuracy and reduce fraud. Automatic registration cuts right across that principle. It risks adding names from datasets not designed to determine eligibility. People move and datasets lag behind, and an inaccurate register creates vulnerabilities and opportunities for abuse. This roll-out will be phased, which means that some parts of the country will have automatic voter registration ahead of the next general election, and others will not. The Government are making the case that automatic voter registration increases turnout, but they will be choosing which parts of the country have increased turnout and which do not. Surely the Secretary of State must see how cynical that looks in the eyes of an already sceptical electorate.
Luke Akehurst (North Durham) (Lab)
Does the shadow Secretary of State not accept that 8 million people being either registered in the wrong place, or not on the register at all, is also an example of an inaccurate register? Would it not be better to have people over-registered—presumably they would then not turn out, because they had moved away or whatever—than under-registered and disenfranchised? Of the two inaccuracies, being unable to vote is the one we should be more worried about, if we believe in democracy.
The hon. Gentleman makes a not unreasonable point, but it is a point of debate. Registration in the UK is not difficult, and the fact that some people have not registered is not in itself a rationale for undermining the integrity of the voter registration process and introducing errors. He asks whether it would not be better to have errors of over-registration than of under-registration. That is a point for debate. I think it is better to have accuracy of registration. In many parts of the world, people literally put their life at risk to vote. People who do choose not to vote in the UK do not do so because voting is too difficult; it is not difficult to vote in the UK. Both Labour and the Conservatives have taken steps over time to make it easier to vote. If people are not voting, perhaps political parties—all of us—should ask why we are not inspiring people enough to register, rather than taking up the point that he is making, and putting people on the register who should not be there, because they do not live in that place.
Lewis Cocking
Does the shadow Secretary of State agree that if the Government are going to push forward with auto-enrolment on to the electoral roll, it should at least apply to everybody at the same time, for the same general election? If not, they could be perceived by the British people as gerrymandering to get a specific result at the general election.
I will move on in a moment, but my hon. Friend makes an important point. If the Government’s contention is that auto-enrolment increases turnout, then turnout should be increased universally, or they risk being perceived as putting their thumb on the scales.
I take objection to what the right hon. Gentleman is saying, because surely if someone is a citizen, they should be able to vote. It should be as easy as possible—as easy as breathing—to vote, because a citizen has a right to vote. Every attempt should be made to make voting easier, not more difficult. If automatic enrolment helps people to vote, that is what we should do. Of course we need to be careful about it, though, and one of the reasons why this is a rolling programme, rather than putting it in place everywhere on the same day, is presumably to ensure that it is done properly. In the end, we should all want the same thing; British citizens should be able to vote in British elections, and nothing should get in their way.
It is easy to vote. Everyone has the right to vote. The right hon. Lady says that voting should be as easy as breathing; she is advocating for the removal of all electoral limitations and restrictions, whether that is the need to show ID, to provide proof of address, or to register. [Interruption.] There you go; the mask has slipped. If we take democracy seriously, we should want everyone who has the right to vote to be able to vote, but nobody who does not have the right to vote to be able to vote. Otherwise, the democratic process is meaningless. Safeguards must be robust, verification must be clear, and pilots should be transparent. Integrity is strengthened by accuracy, not automation for its own sake.
As for voter ID, let us look at the facts. At the last general election the vast majority of those who sought to vote were able to do so successfully and immediately, and public confidence in polling integrity has increased, so why should we weaken the system by allowing bank cards without photographs to be used as ID? A name printed on a card is not an identity check, and I am not hearing that the Secretary of State is advocating the checking of PINs at the polling station. The risks are obvious, and, indeed, the Electoral Commission itself has raised concerns about the security and practicality of expanding the lists of acceptable IDs.
On that point, will the right hon. Gentleman give way?
I need to make some progress, otherwise I will be told off by Madam Deputy Speaker.
Integrity is not just about integrity at the door of the polling station. At the time of the recent Gorton and Denton by-election, Democracy Volunteers reported widespread breaches of ballot secrecy. Parliament strengthened the protections for ballot secrecy through the Ballot Secrecy Act 2023—and this is not “family voting”; it is breaking the law. If polling station staff do not intervene when a voter is directed by another inside the polling booth, if secrecy signs are missing, if offences are ignored, the problem is not an absence of legislation, but a failure to enforce the legislation. The vote belongs to the individual—not to that person’s husband, not to that person’s brother, and not to a community leader—and no cultural practice overrides the secrecy of the ballot box in this country.
The Secretary of State mentioned artificial intelligence and deepfakes. He was right to say that we are entering a new era, and we support the idea of digital imprints. The rules exist, but the technology is moving fast. We would support and are happy to engage with sensible, proportionate measures to ensure that AI-generated political material is clearly labelled and subject to transparency as a requirement, but that work should be done carefully and in consultation. Again, this is exactly the kind of issue that would benefit from cross-party engagement.
The centrepiece of the Bill—its big sales point—is the lowering of the voting age from 18 to 16. Both domestically and internationally, through the Children Act 1989 and the United Nations convention on the rights of the child respectively, we define 16 and 17-year-olds as children, so allowing votes at 16 can only logically be explained in one of two ways.
Kevin Bonavia (Stevenage) (Lab)
Will the right hon. Gentleman give way on that point?
Well, let me at least make the point! I can see that the hon. Gentleman is itching. Calm; calm; calm.
Either the Government are intending to give votes to children, or the Government want to redefine 16 and 17-year-olds as “not children”. Now I will give way.
Kevin Bonavia
We have just heard the Conservative definitions of a child and an adult, but according to the law in this country, there is no single definition. The age of criminal responsibility in England and Wales is 10, the driving age in this country is 17, and the voting age has gone down over the decades. Surely we should be thinking about what it means to be able to vote. By bringing the voting age down to 16, we are bringing that to people who have the capacity to vote and who actually will vote. There is also evidence out there that 16-year-olds voting in Scotland are more likely to carry on voting. Does the right hon. Gentleman not agree that that will be of benefit to our country—to the United Kingdom as a whole?
The hon. Gentleman is factually wrong. We do have a legal definition of childhood, and there is an international definition of childhood. The Children Act defines 16 and 17-year-olds in the UK as children. The UN convention on the rights of the child defines 16 and 17-year-olds as children. So I ask again, do the Government plan to define this as giving votes to children, or are they now saying that 16 and 17-year-olds are not children?
Martin Wrigley (Newton Abbot) (LD)
Not long ago, as part of the armed forces parliamentary scheme, some of us went down to the commando training centre at Lympstone to see the Royal Marines’ passing-out parade. One of the brave young people there was just 17, and at the end of the parade he was told, “Marine, go off and do your duty.” At 17, he should be allowed to vote. Does the shadow Secretary of State not agree with me?
Sixteen and 17-year-olds can only join the armed forces with parental consent, and they cannot be deployed. Sixteen and 17-year-olds in the armed forces are children, which is why they are still in the education system, even when they join the armed forces. They are non-deployable, and they can only join with parental consent. Let me say yet again—third time lucky—that the Children Act and the UN convention on the rights of the child define 16 and 17-year-olds as children. So, for the third time of asking, are the Government saying that they are giving votes to children, or are they saying that 16 and 17-year-olds are not children?
Sam Rushworth
On the basis of the argument that he is advancing, the right hon. Gentleman believes in children having sex, because the age of consent is 16—but I think that the mask slipped earlier when he said that this was gerrymandering and giving an electoral advantage. I wonder whether he will comment on why his party is so afraid that young people will not vote Conservative.
It seems that no Labour Members are willing to address the point that I have raised. This is a really simple binary choice. As I have said, both domestically and internationally, 16 and 17-year-olds are defined as children. I have asked this question multiple times, but Labour Members will not address it.
Kirsteen Sullivan
Does the right hon. Gentleman recognise the valuable contribution that young people in Scotland have made to the democratic process, first in 2014, when they were able to vote in the independence referendum, and subsequently in Scottish local and parliamentary elections? Does he value their contribution?
I value the contribution of people in this country whether they are or are not able to vote, but again, that does not address the point. I am going to move on now, because it is clear that Labour Members either will not or cannot address it. They do not seem to know whether they are giving votes to children or stripping childhood from 16 and 17-year-olds.
Sir Ashley Fox
Does my right hon. Friend notice the inconsistency in the Government’s plans? They propose to lower the voting age to 16, but they do not propose to allow those same 16 and 17-year-olds to stand for Parliament, presumably because they are children.
I have tried on a number of occasions, but I have not received an answer either the Benches opposite or from the Benches to my left.
Order. The shadow Secretary of State is not giving way.
As the hon. Gentleman knows, I respect him enormously, but there are a number of other points that I want to make. If he thinks he can answer the question that I have posed, let him do so. OK, here we go.
Kevin Bonavia
The shadow Secretary of State has asked, on a number of occasions, whether we agree with his so-called legal definition. The legal definition is always for the purposes of the law for which it is intended, so the Children Act definition is for the purposes of that Act, and what we are debating today is for the purposes of voting.
I take it from his intervention that the hon. Gentleman is now saying that 16 and 17-year-olds are not children. Is that his point?
I have tried to squeeze the logical underpinning of this proposal out of the Government, but I have not been able to do so, because I do not think they know what it is. If the Government are going to make the case for giving the vote to children, why 16-year-old children? Why not 15-year-old children? The Secretary of State chuckles, but why not 15-year-old children? The argument is that 16-year-olds have a longer stake in society, but if that is true of 16-year-olds it is, by definition, more true of 15-year-olds—and why not 14-year-olds, or 13-year-olds? Will he take up the proposal of Professor David Runciman of Cambridge University and give votes to six-year-olds?
As a society, we do not confer legal adulthood on children, and the law reflects that. Sixteen and 17-year-olds cannot buy alcohol. They cannot buy cigarettes and vapes. They cannot stand for election to this House or, indeed, to other statutory representative bodies. They cannot legally place bets. They cannot marry in England and Wales. They cannot join the armed forces without parental consent. They cannot go to war. They cannot consume pornography, and rightly so.
If the Secretary of State and his Government now believe that 16-year-olds should in fact be of civic and legal adulthood, they should simply say so and put in place the legislative changes to bring consistency to the statute book. Good luck to him if he wants to make the case for 16 and 17-year-olds to have the rights laid out in the list that I have just given. If the Government do not feel that 16 and 17-year-olds should have those full rights and responsibilities, this change appears to be selective at best and cynical at worst. Such a fundamental alteration to the franchise for UK elections should rest on broad consensus and careful reasoning.
Clearly this was cynical, but judging by the by-election in Greater Manchester, perhaps the Labour party, when it comes to giving votes to 16-year-olds, should be careful what it wishes for.
My right hon. Friend makes a very good point. I am a believer in democracy, and being punished at the ballot box is a fundamental foundation stone of democracy. None of us should change the mandate for narrow party political advantage. I strongly suspect that the point he makes is right, but that is not the point that I am making.
This move will be perceived to be partisan and counterproductive. This Bill could and should be so much better. If the Government were serious about this issue, they would work cross-party to get it right, because democracy does not belong to Ministers; it belongs to the people, and the rules that govern it must be worthy of their trust. For that reason, we have tabled our reasoned amendment, and I invite the House to support it. I say to the Secretary of State that we will work with the Government to improve this Bill, but we reserve the right to vote it down during its later stages if the Government do not act in good faith and in support of the broader principles of democracy.
I congratulate my right hon. Friend the Secretary of State and the Minister responsible for introducing this Bill. I am proud to have worked on these important proposals in government and remain determined to ensure that we protect, renew and enhance our democracy.
Our democracy has inspired people and movements around the world. We are rightly proud of it, but as we have heard, democracy is hard won and fragile. Today there are forces that wish to damage our democracy and shake its foundations, with intimidation on the streets and disinformation online. Our democracy must be resilient and robust in the face of these threats, which is why this landmark Bill is so important. It represents the most ambitious change to our democracy for a generation by allowing 16 and 17-year-olds the right to vote in UK-wide elections for the very first time; by introducing tougher rules on political donations; by tackling the scourge of harassment, intimidation and abuse of those participating in public life, which is having a chilling effect on our democracy; and by improving our system of voter ID to encourage more people to engage with and participate in our democracy.
As we have already heard, votes at 16 is a historic opportunity to breathe new life into our democracy. If someone is old enough to work, pay tax and serve their country, they are old enough to have a say in how it is run, but that right to vote should be matched by the right to be informed and educated about our institutions, our politics and our policies. That is why it is crucial that we have high-quality citizenship education in our schools, and we must do more to connect with the millions of people who, as we have heard, are eligible to vote but choose not to take part in our democratic process.
I welcome the measures to strengthen the rules around political donations to address the risks posed by malign actors who seek to interfere with and undermine our democracy. I especially welcome the moves to introduce new “know your donor” and “follow the money” checks, and fines of up to half a million pounds for those who do not follow those rules, as well as the introduction of a UK connections test and increased transparency for corporate donations to prevent shell companies from funnelling dodgy donations to political parties.
Phil Brickell (Bolton West) (Lab)
My hon. Friend makes an excellent point about shell companies. Does she agree that it was really concerning that so many loopholes were left open by the previous Government, who allowed foreign money to reach the highest levels of our politics, often hidden by those very same shell companies? Indeed, this loophole was used by the Conservatives to accept hundreds of thousands of pounds from foreign-based donors, including £550,000 from Britannia Financial Group between 2019 and 2022. Company accounts show that in 2020—the year the firm donated more than £350,000 to the Conservatives—its ultimate controlling party moved from the UK to Switzerland. Does she agree that is a serious concern?
My hon. Friend makes the case for why it is crucial to legislate to close those loopholes, so that we can clean up our politics and ensure that the public have confidence in our political system.
Turning to the subject of cryptocurrency, we know that it offers a number of ways of circumventing donation laws, including by using multiple crypto wallets with different addresses or fragmenting large donations into smaller amounts through crowdfunding in order to bypass the reporting threshold, and by offering anonymity through the use of privacy coins. Ireland, Brazil and several states in the US already have bans on crypto donations.
The enemies of democracy are constantly looking at new ways to undermine our system. Unless action is taken now, the threat of foreign interference in our democracy will continue to grow. The Government have previously committed to taking action, and I am reassured to hear from the Secretary of State that action will be taken to ensure that cryptocurrency does not find its way into political donations. This Bill provides a very important opportunity to legislate, so I implore the Secretary of State and the Minister to make sure that, once the Rycroft review has concluded, we include in this Bill the changes necessary to ensure that we ban cryptocurrency donations, in order to reduce the threat of foreign interference in our democracy.
I turn to the subject of harassment and intimidation in our politics. Our democracy depends on the willingness of ordinary people to step forward, to knock on doors and to serve our communities, so the new powers in this Bill to allow courts to impose tougher sentences for offences involving electoral intimidation, and to remove the requirements for candidates to publish their home addresses, are necessary protections. Although parliamentary candidates have had the option of taking their home addresses off the ballot paper, local candidates have not, and this is an important change to protect them.
Most Members of this House and many candidates, regardless of whether they were elected or not, carry their own experiences of threats and intimidation. The July2024 general election saw a disturbing spike in intimidation and harassment, with Electoral Commission research revealing that more than half of candidates experienced harassment and intimidation. The Speaker’s Conference found even more evidence of harassment and intimidation of candidates. Tyres were slashed, families were targeted and campaigners were driven off the streets, while women and minority ethnic candidates were disproportionately affected. However, all candidates in different ways found themselves facing harassment and intimidation. We cannot go on like this. This was not heated political debate; these were organised attempts to intimidate people into silence. Many elected representatives do not discuss the harassment they have faced as it can trigger further abuse and compromise our safety.
I thank my hon. Friend for making a powerful speech. On that point, I know what she personally went through during the last general election, and many Members from right across the House have also had to face it. Does she agree with me that, if we do not address this, we will see good, locally rooted candidates feeling afraid to put themselves forward to enrich our democracy because of that fear and intimidation?
My hon. Friend is absolutely right, and I have heard many say exactly that. In fact, a number of us have ourselves wondered whether, if we had known what we know now about the state of harassment and intimidation in our politics, we would have stood for Parliament. Of course, we have to fight against these threats, because if we do not, the next generation will be put off politics. It is on us all to take action to make sure politics is a safe space in which people can operate and candidates can stand forward, whichever party they belong to.
The intimidation and harassment of elected representatives is not, of course, unique to one party or one group of candidates; it is widespread in a way that I had never imagined. The industrial scale of intimidation and threats we experienced in the run-up to the 2024 general election was unlike anything I had previously experienced, and I suspect the same applies to many other Members. There was organised disinformation and death threats in a campaign conducted with constant concerns for physical security and the security of campaigners and decent, law-abiding people who want to participate in our democracy. In my constituency and across the country, many brave campaigners stood up for our democracy and bravely fought against that hatred, but they should not have had to work in such a hostile environment.
This happens not just during the election cycle or election campaigns. We have seen Members threatened with murder and receiving death threats on a regular basis. We have seen local councillor candidates being threatened. When I was working on this strategy last summer, I received a threat to my life. Two weeks ago, I received another threat. Sadly, this is now commonplace, with too many MPs, candidates and local representatives experiencing this hostility. So we have to redouble our efforts to stop this hostility and the chilling effect it is having on our democracy. We must have a zero-tolerance approach to those who wish to undermine our elections in this way, and we have to work together on that across the parties.
It is not just the thugs on our streets; it is the hostile actors, which we heard about in the Front Benchers’ speeches. Hostile actors are exploiting online platforms to flood the debate with disinformation and deepfakes. Disinformation online fuels intimidation, hostility and violence offline. That has been the experience of many of us during the last election and subsequently. The toxic ecosystem is connected, and this Bill begins to address that reality, but we have to do more. Alongside this Bill, we need the Government to do much more to tackle the very serious threat of foreign interference through the use of online platforms, not to mention the proliferation of online threats and the failure of platforms to take action. That means more action to stop platforms allowing threats and online hostility against those in public life and our citizens.
James Naish (Rushcliffe) (Lab)
I would like to add to that list of issues that need to be tackled. Does my hon. Friend agree that, given the role that the media play in our politics, the Government have a responsibility to think long and hard about what we do in that space?
Absolutely. We all have such a responsibility, and I know of plenty of journalists in the media, particularly female journalists, who are being threatened and intimidated as well. This is a wider societal issue about making sure we can express ourselves freely and protect freedom of speech, but also protect those operating in our media, those in our politics and public life and, more widely, those participating in our democracy.
Josh Babarinde (Eastbourne) (LD)
Does the hon. Member agree that what also fuels the division and the attacks on politicians is when some individuals, including Members of this House, express that they are driven mad by the sight of black and Asian people in different spaces in our society? Does she agree that that should stop, and that all Members have a responsibility to call it out?
I thank the hon. Member for making that point. We have to take action against racism, anti-Muslim hatred, antisemitism and other forms of hostility and hatred towards particular groups in our society, especially those with protected characteristics. There are laws in place that need to be enforced, and those laws are often breached online. We must ensure that we take responsibility and show leadership in the way we conduct ourselves. Otherwise, we are going to see those with protected characteristics being driven out of public life. I am seeing that already in local communities and of course in our Parliament, because of what we are experiencing.
In conclusion, our democracy is fragile, and it must be supported and strengthened in the face of rapid change and the threats from foreign interference. It is our duty to be stewards of our democracy, leaving it in a better place than we found it. It is at the heart of our liberty and our citizenship, and we must defend it, nurture it and future-proof it.
I call the Liberal Democrat spokesperson.
Lisa Smart (Hazel Grove) (LD)
Our liberal democracy has become acutely vulnerable. Trust in our politics is being pulled apart at the seams. We face a flood of foreign money, and powerful men who hate our democracy, whether in silicon valley or the Kremlin, are working hard to undermine our social fabric and to interfere in our public life. Sadly, this Bill does not meet that moment and falls woefully short of the fundamental changes that our democracy urgently needs, even if we Lib Dems welcome some of the measures in it. We will be voting against the reasoned amendment and in favour of Second Reading, in the hope that the Bill can be substantially strengthened as it makes its way through Parliament.
I fear that the Government have not faced up to the crisis before us. Public trust in our political institutions is in freefall: 67% of the public think that politicians are just in it for themselves. It is no wonder that so many people who would make fantastic elected representatives are put off standing for election and take their talents elsewhere. The Electoral Commission has recorded growing dissatisfaction with our democracy and, frankly, I understand why. Westminster has been rocked by scandal after scandal, with partygate, the news that former Reform UK Wales leader Nathan Gill had been taking bribes to advance a pro-Russian agenda in the European Parliament, and the revelations about Peter Mandelson’s shocking conduct. We need root-and-branch reforms to our political system.
The Government claim to be modernising our democracy, but this Bill does not fix our outdated system, which continues to reward the most cynical members of the political establishment at the expense of everyone else. Where is the new accountability for politicians; where are the robust measures to really stamp out corruption and interference; and why is there nothing to address a voting system that was out of date a century ago, undermines accountability and is profoundly unfair?
Of course, there are worthwhile measures in the Bill. The Liberal Democrats have been campaigning for votes at 16 for decades. We have seen that succeed in Scotland, and we are proud to have helped secure that provision in this Bill. Young people pay taxes, face the consequences of political decisions and care deeply about the future of their country. Denying them a vote was always difficult to justify.
But this is far from enough to revive our democracy. As young people approach the ballot box for the first time in the next election, we must ensure that they, and everyone who can vote in our country, feel confident. I recently met students from Marple college in my constituency. They will be voting for the first time at the next general election. We talked about what they needed to be ready to cast their votes. They are already articulate, well-informed on politics and enthusiastic. It is our responsibility to ensure that they feel confident to participate, confident that they will not be bombarded by disinformation, confident that their vote will count and confident that the system they are being asked to be a part of is fit for purpose. They should be confident, too, that their civil liberties will be protected. We welcome the move towards automatic voter registration. We think it is a step in the right direction and we will support it, but it must fully respect people’s privacy as well as their right to vote.
To take a glaring example, new voters will still have identity papers demanded of them whenever they vote. That was implemented without decent evidence by a Tory party long out of ideas and full of cynicism. The Bill could have and should have been used to scrap the Conservatives’ voter ID scheme altogether. According to the Electoral Reform Society, 16,000 people were turned away from voting in 2024—against just 10 convictions for impersonation between 2019 and 2023. Which of those is really the greater threat to our democratic life? That is symptomatic of a Bill that is remarkably thin and all too timid, even in enforcing its own provisions.
I am baffled as to why the Government will not further strengthen the Electoral Commission in the face of historic threats to our democracy. We very much welcome the removal of the commission’s strategy and policy statement, but the commission itself says that while it
“welcomes many of the changes set out in the Bill, some provisions need to be strengthened to...better protect the system from foreign interference.”
We should remember that this regulator is not currently truly independent. Under the Elections Act 2022, the Conservative Government gave powers to Ministers to dictate the “roles and responsibilities” of the Electoral Commission in achieving the Government’s policy priorities. That made a mockery of the idea that politicians should not be able to interfere in elections, and it paved the way for any future Government, of whichever political hue, to rig our system. It is truly welcome that the Secretary of State announced plans to reinstate the independence of the commission by scrapping the strategy and policy statement. That should ensure non-partisan fair play in our elections.
It is on donations and foreign interference where the Liberal Democrats find the Bill to be most wanting. The case of Nathan Gill should stand as a stark warning about the levels of attempted interference we now face. The gaping holes in the Bill will allow foreign money to continue to flood in and infiltrate our democracy. For instance, using company revenue rather than profit as the test for determining whether a business has sufficient connection to the UK to make political donations, is too weak a safeguard. It can be too easily gamed. Spotlight on Corruption points out that the cap on corporations currently does not have teeth and should be focused on profit. A company turning over significant revenue in the UK, while being effectively controlled from abroad by interests hostile to our democracy, could still make donations under these provisions. That is not good enough. Foreign regimes and their political elites should have no business in our democracy whatsoever.
Dr Danny Chambers (Winchester) (LD)
There has, rightly, been a lot of talk on both sides of the House about restricting and capping foreign donations, and how they are regulated. Does my hon. Friend agree that we also need to look at how foreign individuals and foreign states use social media to influence and change election results?
Lisa Smart
My hon. Friend is entirely right that one of the big ways foreign individuals can influence our democracy is through money. The other way is through influence, using money from companies, often not owned in the UK, that control a lot of the information that British citizens see. He is entirely right to make that point.
The lack of a cap on political donations is a fundamental gap. Although the Bill introduces transparency and due diligence requirements, more transparency alone is not enough when individuals and corporations can still donate unlimited sums to political parties.
Sam Rushworth
A moment ago the hon. Lady referenced Nathan Gill. I share her abhorrence at what Reform’s leader in Wales did in taking bribes from Russia, but it was already illegal—it was a case of being caught. What does she suggest that the Bill should do to prevent those sorts of illegal activities from happening?
Lisa Smart
I am grateful to the hon. Gentleman for his intervention and for allowing me a bit of space to expand on this point further. Companies should have to prove profit in the UK, not just revenue in the UK, to be able to donate. There is a real danger that money from abroad, from state actors and non-state actors, can be funnelled through third-party campaign groups—think-tanks and others—as a way of trying to influence our democracy. It is entirely possible that very wealthy individuals or state actors abroad put money into think-tanks, which then put money into political parties. That is the sort of thing I would look to amend as the Bill makes its way through the House. Unlimited donations mean unlimited influence. They corrode public trust and distort political priorities. Until we cap donations, we will continue to have a democracy that is for sale.
Finally, there is an extraordinary irony that, despite its grand title, the Bill does not even touch the root of unfairness and distrust in our democracy. It does nothing about a first-past-the-post voting system that was outdated decades ago and is a millstone around the neck of our democratic life. This electoral system consistently delivers results that bear little resemblance to the actual preferences of the electorate. Millions of votes count for nothing.
I am very grateful to my hon. Friend for giving way. Does she not agree that, since the House voted in favour of my Elections (Proportional Representation) Bill which I presented in December 2024, and since the Labour party voted overwhelmingly for a motion to bring in proportional representation at one of its conferences, there is a wide acceptance that it is time to scrap first past the post, which does not deliver the results that people vote for? Is the Bill not an enormous missed opportunity?
Lisa Smart
I strongly agree with my hon. Friend. I applaud the work she has done during her time here to move the case forward for a fairer, more representative voting system. The Bill is a huge opportunity and I look forward to working with colleagues across the House on how we can strengthen it and make it even better.
Martin Wrigley
Does my hon. Friend not agree that if the single transferable vote system is good enough for selecting Select Committee Chairs and the alternative vote system is good enough for mayors, they should be good enough in other elections, too?
Lisa Smart
I do. I fear it would try the patience of the House if I were to get into that level of detail about my favourite voting systems with my hon. Friend—we only have a further three hours of this debate, so I will press on—but I do agree with him that there are more representative ways to elect our representatives that we should look at.
We Liberal Democrats will continue to press for proportional representation so that we can finally make every vote count. It is a matter of basic fairness. No Bill claiming to modernise our democracy can be taken seriously while it ignores this question. Worse, it does not even introduce elections for our second Chamber, leaving the House of Lords unreformed, unelected and, in the current climate, frankly indefensible. Peers face no meaningful accountability to the public whose lives they affect.
The Bill takes some limited, but sadly too timid, steps in the right direction. It fails to seize the opportunity to rebuild trust and make our vulnerable, brittle democracy more resilient. We look forward to working constructively to strengthen it during the parliamentary process, because we must be more courageous and ambitious than the Bill currently is. We must stop taking our democracy for granted.
Several hon. Members rose—
Members will have noticed that we have many, many more Members on their feet than we have time allocated, so we will start with a five-minute limit.
May I start by saying how happy I am to be contributing to today’s debate? Members who have been in the House for a while will know that I am a long-term advocate for votes for 16 and 17-year-olds. Over the years, we have had many robust debates on the issue. Some may even remember when I was successful in my very first private Member’s Bill ballot, way back in 2015. As a brand new MP, that was very daunting and I can chat privately to any Members who might want to hear about all the gaffs I made at the time. Once I got over my initial nerves, it did not take long to decide to put forward votes for 16 and 17-year-olds, alongside decent political education.
During the 2014 Scottish referendum campaign, which many people have mentioned, when 16 and 17-year-olds were able to vote for the first time in Scotland, I was hugely impressed—not surprised, just impressed—by how well informed they were and by how seriously they took their voting responsibilities. I knew I had to play my part in pushing the issue up the agenda.
The hon. Lady is absolutely right about the 2014 referendum experience. After that, I brought a section 30 order before the House to give the Scottish Parliament the power to lower the voting age to 16 for local council and Scottish Parliament elections. I can tell the hon. Lady that there is nobody in Scotland now suggesting that we would go back to a voting age of 18. Is that not the acid test for the strength of our case?
I completely agree with everything the right hon. Gentleman has articulated so well.
At the time, some saw this as a controversial topic for a private Member’s Bill—I am sure there have been more controversial topics since. [Laughter.] It was not the first time that this issue had been pursued; I believe there had been 18 or 19 other attempts to take such legislation forward. I am proud that the Labour party committed to votes for 16 and 17-year-olds in our manifesto, and that now the Labour Government are delivering on our promise.
Young people’s voices matter. If they can pay taxes, why should they not have a say over how they are spent? If they can have a child, why should they not have a say over their future? If they can join the army, why should they not have a say over the defence of our country?
When I visit schools and colleges, I am always struck by how incredibly thoughtful and articulate the students are. When I visited Christ the King sixth-form college in Brockley a few weeks ago, we discussed everything from social media and the cost of living to housing and international issues, and one student told me she was running to be young mayor of Lewisham—which, by the way, is the longest-running young mayor programme in the country, having started in 2004. This year we had 42 candidates and voter turnout was 59%—higher than we get in some by-elections. Despite that, when election day comes, those same young people are told that they are not old enough and therefore do not get a say. They can pay taxes, have a child, leave home, and join the army, but they have no say over their future.
Maturity is not something we magically achieve on our 18th birthday. We do not test the political knowledge of 40-year-olds before they enter the polling station, although some might say we probably should—just joking. We do not deny the vote to those who choose not to follow politics closely. Democracy is not about passing an exam; it is about inclusion, equality and trust.
Countries all across the world are lowering the voting age, including Austria, Brazil, Argentina, Ecuador, Cuba, Nicaragua and Ethiopia. However, many of the countries letting young people vote at 16 also have strong civic education, so I urge the Minister to ensure that political education forms a strong part of the changes that take place. My private Member’s Bill made provision for improved citizenship education.
Research shows that when people are given the vote earlier, they are more likely to develop a lifelong voting habit. If we want to reverse the trend of declining turnout, especially among younger people, the answer is not to keep them out, but to bring them in. This is not just about improving turnout, though: when we deny young people the vote, we send a message that the opinions of the next generation matter less.
Yet young people are deeply affected by the decisions we make in this House. When we talk about getting more young people into work, we need their voices. They should be seen as part of the solution, not part of the problem. When we have local students in my office to do work experience—from Addey and Stanhope and Deptford Green schools—they are interested in how politics works, how it affects their lives and how they can champion the changes they desperately want to see. They are the ones who will inherit the world we shape today. Ten years on from my first private Member’s Bill, today is the day we ensure that they have their rightful place in shaping their future.
There was much in what the Secretary of State said at the start of his opening remarks—about the threats to our democracy, and the challenges that we face—that I very much agree with. However, I worry that the Bill does not go in quite the right direction to deal with those threats, and with the challenges presented by Russia, China, Iran and North Korea. They are all nations that wish to undermine our democracy, and there is tentative evidence to show that all of them are already trying to do so by influencing our democratic structures. However, it feels as though the Bill is more about gestures than substantial change.
Changing the architecture of democracy should be done incredibly thoughtfully and carefully, with proper consideration and consultation. There are areas on which there will probably be a great deal of agreement; on others, there may be some disagreement. What is required is a thoughtful conversation that involves all.
I will pick up on a number of areas where there are deep vulnerabilities in the Bill. Automatic enrolment superficially sounds like a great idea—something that I think many in this House would happily support. However, there is no clarity about how it will be rolled out across the country. At the next general election, it will be available in some parts of the country, but not others. We will effectively have two distinct electoral rolls. I am not sure how that will go. I am not sure if it will even survive judicial review, but then I am not a lawyer, and the Secretary of State probably has considerably more recent experience of judicial review than I have. To me, it looks very vulnerable to challenge. It is important that the Secretary of State sets out clearly how the issue of boundaries will be dealt with, which will, of course, be addressed straight after the next general election.
Of course, if we are to have auto-enrolment in certain parts of the country—which will be chosen, I presume, by the Secretary of State, as opposed to this House—then, hypothetically, he could select areas where auto-enrolment would be beneficial to the Labour party. I am sure the Secretary of State would never be so partisan as to do that.
Mike Martin (Tunbridge Wells) (LD)
We have heard this argument a couple of times, and the right hon. Gentleman is making it well. He is making a grave accusation. Surely the easiest way to put this argument to bed would be for the Secretary of State to simply intervene on the right hon. Gentleman and state that auto-enrolment will be rolled out in all areas of the country before the next UK general election.
The hon. Gentleman makes a valuable point; this concern could easily be addressed.
I was hoping for the Secretary of State or his No. 2 on the Front Bench, but I will happily give way.
Let me do the best I can. Is it seriously the right hon. Gentleman’s argument that a Labour Secretary of State might introduce auto-enrolment in areas where that will help Labour? Is he therefore saying that the more people who vote, the more Labour is helped? Is that his central argument?
No. It is important that the Bill does not define which areas will have auto-enrolment. In theory, constituencies or areas that have a greater propensity to vote Labour—or used to—could be prioritised. We would like clarity from the Secretary of State on this point, and I am happy to give way to him, so that he can provide it. In fairness, if every area of the country were to have auto-enrolment, that would reduce or eliminate the risk, but this is a concern. I hope that during the passage of the Bill, the Government will address that with absolute clarity.
The issue is not just the legislation; it is the perception of where the Government are going. The Secretary of State got himself into some difficulty when the Government were seen to be trying to take away the right of people to vote in local council elections. I am sure that he has a good heart and was acting with the best of intentions, but the perception was different.
Sam Rushworth
Under first past the post, every seat is a different contest, so I am still confused about why the right hon. Gentleman feels that enabling more people to vote will be beneficial to the Labour party.
The hon. Gentleman is both confused and hard of hearing. I also pointed out that straight after the next general election, the Electoral Commission will redo the boundaries for the whole country, and that will be based on the electoral roll for every single constituency and area across the country. Certain areas will have auto-enrolment and other areas will not. That will have a significant impact on the redistribution. I hope that has helped the hon. Member’s confusion. [Interruption.] I will move on.
There is a fantastic opportunity here, which the Secretary of State could seize, to end the automatic right of Commonwealth citizens to vote in this country. That right is not available to UK citizens in Commonwealth countries. The only country where there is an automatic right for UK citizens to vote is the Republic of Ireland, and that arrangement is reciprocated in the UK. There are up to 2.7 billion people on this globe who, on moving to the United Kingdom, could have the automatic right to vote here. That should be looked at very seriously. As the Bill moves through the House, I ask the Secretary of State to look at the option of addressing this open access to our democracy for anyone in this country.
Several hon. Members rose—
I will reduce the time limit after the next speech to four minutes. I call Navendu Mishra on a five-minute time limit.
Democracy is valuable. It is hard won and always worth protecting and defending. Stockport played a major role in the 1819 Peterloo massacre, when a large contingent of local protestors marched to Manchester to demand voting reform.
I believe that we must always look for ways to make our democratic system more accessible, more inclusive and more representative. Giving young people the chance to have a say in the future of our country is important. Decisions that the Government make now will not only affect young people today but have an enduring impact on their entire life. As such, it is only right and fair that young people are able to play a role in our democratic system by voting.
I want to thank Michelle McLaughlin MBE and her team at Stockport college for their outstanding work in enrolling students on to the electoral register. The college automatically registers students to vote as part of the enrolment process. That simple administrative step removes barriers for young people and makes participation the norm, rather than the exception. Trafford and Stockport College Group was the first further education institution in England to launch this type of voter registration service for 16-year-olds, ensuring that more young people across Stockport engage with the democratic process at an early age. This is exactly the kind of proactive approach that we should be encouraging nationwide. The team would be grateful for a ministerial visit, given the work that they have done in this area.
Sadly, women and minority ethnic representatives have faced a shocking increase in threatening behaviour directed at them in recent years. My understanding is that women of colour have the worst abuse and threats directed at them. Abuse, threats and intimidation of any kind are simply unacceptable. They risk deterring people from taking part in public life or putting themselves forward for elected office. I welcome the important measures to protect candidates, electoral staff and campaigners from intimidation and abuse.
The right hon. Member for Islington North (Jeremy Corbyn) made an important point about people experiencing homelessness. They should have the right to vote too, and I thank him for making an intervention about that. I support his suggestion that we help more people who are experiencing homelessness into our democratic system.
I would like to say a few words about standards in public life, in the light of the recent Gorton and Denton by-election. In February 2026—just last month—a Tameside council report found that a member of the infamous “Trigger Me Timbers” WhatsApp group had made racist comments towards me. They questioned my accent and my looks and ridiculed me. More importantly, they did the same to many members of the public and Labour’s membership. As reported by The Guardian and the BBC, this person was a major participant in the group. The report found that a “reasonable person” would find their remarks about me racist. This person was a Labour councillor at the time, and a former Member of this House and a current Member of this House were active members of that hateful WhatsApp group. Sadly, I had to find out from the press that Tameside council had commissioned that report, and that a ruling was made about the participant’s behaviour against me and others. As is to be expected, this has had an enormous negative impact on my family and me.
Can the Minister tell us what more the Government intend to do to strengthen standards for elected representatives, both at local government and parliamentary level? That could include tougher sanctions for serious misconduct, a mandatory code of conduct, and accessible routes of redress for victims of such appalling behaviour. I am in a very privileged position—I am a Member of the House of Commons, and I am able to deliver this speech and make my points clear—but many members of the public, and many lay members of the Labour party, do not have that same opportunity. I hope that the Minister will listen to my comments.
Overall, I welcome the Bill. It makes important progress in strengthening participation and protecting candidates, but it could go further in lifting standards among elected representatives. Everyone, especially elected representatives, has a responsibility to treat all people with respect, regardless of their views, background, appearance or culture. We should expect that from our colleagues, but sadly that has not been my experience. I am saddened to say that in my view, the Labour party has not dealt with this in a very good way. I would like to end by thanking everyone at Stockport council’s democratic and electoral services team. They do a really important job for our town, and I am grateful to them.
Zöe Franklin (Guildford) (LD)
I am grateful for the chance to speak in this debate on such an important Bill that represents a long-overdue modernisation of our democratic framework, but the Government should be in no doubt that we Liberal Democrats will push them to go further, faster. For decades, my party has campaigned for young people’s voices to be properly recognised, so I am delighted to see the voting age finally lowered to 16. This change will enfranchise around 1.7 million 16 and 17-year-olds, giving them a say in decisions that shape their future.
Since becoming MP for Guildford, I have visited many schools across my constituency and spoken with young people whose thoughtful, informed questions make it abundantly clear that they are more than ready to participate in our democracy. While some may argue that 16 and 17-year-olds lack world awareness, I fundamentally disagree. With pre-registration from age 14, and with the right safeguards, we can build lifelong democratic habits and help close the participation gap.
We Liberal Democrats also welcome measures in the Bill that protect our democracy from the corrupting influence of dark money. The new “know your donor” requirements and tighter rules on corporate and unincorporated association donations are essential to prevent foreign interference and restore trust in how politics is funded. We will call for further important changes to strengthen the Bill in this area.
However, the Bill misses a vital opportunity to fix our broken electoral system. First past the post is unfair, outdated and increasingly indefensible.
Gideon Amos (Taunton and Wellington) (LD)
My hon. Friend is making an excellent speech. Does she agree that we need a radical reset of democracy in our country to reinvigorate trust, which has recently been lost? We need to cap big donations, bring in fair votes, and abolish the ludicrous voter ID scheme from the last Government.
Zöe Franklin
I wholeheartedly agree. I urge the Government to listen to the 60% of the public who want a fairer voting system, including members of their own party, and take very seriously the case for proportional representation.
I declare my interest as a member of the Speaker’s Conference on the security of MPs, candidates and elections, and I welcome the inclusion of our recommendations in the Bill. We live in a time when abuse and threats deter talented people, particularly those from under-represented backgrounds, from standing for public office. I am pleased that the Bill will better protect candidates and their families, but we must go further. We need to update section 106 of the Representation of the People Act 1983 to explicitly criminalise the use of AI and deepfakes to smear candidates. Technology is moving rapidly, and those intent on undermining our democracy are moving with it, so we must future-proof this legislation.
Looking across this House, I can see that we have made real progress in reflecting the diversity of the communities that we serve, but there is still far to go. The Bill is an opportunity to enact section 106 of the Equality Act 2010, which requires political parties to publish diversity data. It has long been a Liberal Democrat commitment, and I pay tribute to organisations such as Centenary Action that have campaigned tirelessly for such transparency.
I urge the Government to reinstate the access to elected office fund in England, which was scrapped in 2020. The Bill claims to support disabled candidates, yet it offers no financial mechanism to make that a reality. Wales and Scotland already provide such support, so why not England?
Richard Baker (Glenrothes and Mid Fife) (Lab)
The hon. Lady is making an important point about the accessibility of elections for disabled candidates and voters. Disability charities have made the point that there is some way to go in ensuring that our elections are truly accessible for disabled people. Does she agree that it is important that the Bill does that?
Zöe Franklin
I wholeheartedly agree that we need to do more to ensure that everyone is able to take part in voting, particularly those with visual impairments.
It is an anomaly that Wales and Scotland offer support for accessing elected office, but England does not. Why does England not have that fund? We must ensure that people with disabilities are not prevented from standing to represent their communities.
I am pleased that I will be serving on the Bill Committee, and I look forward to working constructively with the Government to strengthen the Bill so that our democracy is truly safe, fair and representative of all.
The Bill introduces timely reforms, such as extending the right to vote to young people, and it addresses the rising and ever more concerning issues of harassment and intimidation. With foreign interference expected to intensify the deterioration of the international security environment, and given the threats posed by wealthy donors, crypto and AI, I encourage the Government to go further. That is where I will focus my remarks.
Last September, the Joint Committee on the National Security Strategy heard from Spotlight on Corruption that there has been foreign interference in 21 elections across Europe in recent years. Research from a 2022 US intelligence assessment estimated that Russia has spent $300 million on political influence in 24 countries. Beyond direct state influence, there is the issue of obscenely wealthy donors and corporations. Corporate donations have tripled over the last three elections in the UK, rising from £14 million in 2017 to £42 million in 2024.
Beyond those challenges, the Bill introduces valuable provisions. The political finance reforms are good, and it creates a new “know your donor” requirement to ensure that political parties conduct the necessary due diligence. It requires parties to verify that companies that wish to donate can demonstrate sufficient revenue and a qualifying connection to the UK or Ireland, and it will enable the Electoral Commission to issue significantly increased penalties—up to £500,000. I would like the Bill to go further on business and corporate donations. I want there be a longer qualifying period and a profit measure to protect the system more against phantom businesses and shell companies.
Elsewhere, our Committee is calling for a temporary moratorium on accepting crypto donations until the Electoral Commission produces statutory guidance and stronger systems. We want the Electoral Commission to have stronger powers, including the ability to compel financial institutions to provide information relating to funds connected to donations so that they can be investigated more fully. We want a single police lead for political finance and foreign interference, and a review into the sentencing of political finance offences.
Personally, I think we need to look more at the role of think-tanks and how they are funded. I would like the Bill to go further, with a longer qualifying period and profit measures to protect the system. I want a donation cap on corporate and personal donations. I want consideration to be given to amending the schedule of penalties to make it more proportionate to the donor’s wealth. We must ensure that the fees and salaries that companies pay MPs in whatever field, but particularly in media, fall under political finance regulations.
I absolutely welcome the Bill. We need much tighter regulation across our political finance, including to address the interference with which states and individuals wish to influence our democracy. I very much look forward to working with the Ministers in the coming weeks.
This is an important Bill, and I support some of the aims and aspirations that the Secretary of State set out at the beginning. I also share many of the concerns raised by my right hon. Friend the Member for Braintree (Sir James Cleverly).
All Members take representing children seriously. In the five times that I have been lucky enough to be elected, my first pledge has been that I will serve everybody in the Mid Norfolk constituency, including and particularly those who do not have a voice and need to be spoken for, and I always reference children. With the gentlest and greatest respect, I say to colleagues who are in danger of suggesting that if we do not pass this Bill, we are signalling that we do not care about young people that that is not the case. I was elected to this House quite a long time ago, and I know that there is the danger that well-intended legislation can have unintended consequences that we later regret.
Given that time is short, I will focus my comments on my own experience of having been, I think, the first parliamentary victim of an AI deepfake video attack. I will point out some of the obvious gaps in the law that that has made clear to me, and the danger of political disinformation and serious disruption to our politics. Having consulted widely in the past four or five months, I want to make a particular point about the importance of protecting all people—not just politicians—against having their identity stolen. That is a fundamental issue in a digital age.
For colleagues who were doing other things on that day in November, let me say that when I found myself the victim of an AI deepfake attack, my phone went hot and I suddenly found myself being called all manner of names that I could not possibly repeat to this House. It was quite clear that I was suddenly at the heart of a media storm, and I had no idea what had caused it.
I then saw the video. It was indeed a video of me in my Westminster office, wearing my customary tank top, waving my hands around and speaking—not dubbed—about my decision that, because the political party that I am proud to represent and serve had let this country down, I was joining Reform. Leave aside for a minute the ridiculousness of that proposal and the insulting suggestion that somebody who prides himself on taking his politics seriously and thinking about the philosophical basis of it would join a rabble based only on pub populism, the more serious issue is that my constituents were deeply confused and democracy in my constituency was disrupted.
When I contacted Meta, the platform on which that scurrilous, mischievous and disinforming information had been published, it said to me, “Well, it doesn’t breach any of our guidelines.” I understand the importance of protecting our vulnerable young children from grooming and protecting people from economic fraud, but I put it to the House that seriously misrepresenting an elected Member for the purposes of political misinformation and disruption is an important issue and should not be allowed. It should be a breach of Meta’s guidelines.
When I spoke to the police, they admirably did take it seriously. In fact, they encouraged me, with the Crown Prosecution Service, to bring a test case, but I would have had to have made the case compellingly that I was suffering psychological damage. Now, I may well be suffering psychological damage, but I am not going to tell the people of Mid Norfolk that I cannot take a joke. It is really important that we in this House defend humour and satire—they play a really important role in our democracy—but this is different.
I support the amendments that the hon. Member for Milton Keynes Central (Emily Darlington), a fellow member of the Science, Innovation and Technology Committee, is tabling to stop political disinformation, but is it not time that we passed a law to protect all citizens against having their identity stolen? Everybody in this country should go to bed at night not worrying that they may wake up in the morning and find that somebody has stolen their identity, whatever the purpose.
It is a pleasure to follow the hon. Member for Mid Norfolk (George Freeman). I thank the Minister for engaging with Members. We now have a Bill of seven parts, 81 clauses and 11 schedules. On young voters, I hope that the team will work with the Department for Education so that young people understand the democratic process. Some schools do it, but it is a matter for everyone.
Richard Baker
That is an important point. In Scotland, education did not happen to the extent that it should have, and the Institute for Public Policy Research has made some recommendations. I therefore very much welcome what the Secretary of State said, but does my right hon. Friend agree that it is vital that colleagues in the Education Department recognise its importance?
That is true. Our Education Department does a fantastic job, but this work needs to be extended to every single school, and perhaps made compulsory, so that when young people get to vote, they know the difference between misinformation, disinformation and the truth.
On voter registration, valid points have been made about what forms of ID can be used. Those need to be extended, especially as 16-year-olds may have different forms of ID when they get the vote. Auto-registration is welcome, and so important—it was the poll tax that stopped people going on the register—so it is good that Government gateways will be used to ensure people are on the register.
I think that the Secretary of State has missed a trick: I would have liked compulsory voting, but maybe that is a step too far. In Australia, where they have had it since 1929, the turnout is 90%.
On campaign and political expenditure in relation to donor money. I like the Electoral Commission’s idea of a donor declaration, with the total donation listed for the entire year and based, as the hon. Member for Hazel Grove (Lisa Smart) said, on the company’s profits, not just on revenue. Some organisations can operate as a company but not generate enough money to make donations and therefore be open to outside influence. That measure would defeat the mischief that the Bill is trying to deal with. We need to lift that corporate veil.
I am delighted that the Electoral Commission strategy and policy statement has now been revoked—that was to be the main part of my speech. A Government of any kind should not be interfering with the Electoral Commission. It should get no direction from a Government. I remember saying that it was unnecessary and not proportionate during the passage of the Elections Act 2022. At the time, every Committee of the House that looked at it said that there was no evidence for it. I am really pleased by this revocation.
The commission is accountable to Parliament through the Speaker’s Committee on the Electoral Commission. At present, it has 10 members, five of whom are picked by the Speaker, with the other five ex officio. Unlock Democracy is arguing for more lay members on the commission. I do not know whether those should be lay members as we have in other Committees, or if it should be extended to other political parties so that it should be politically neutral.
I am really pleased that the Electoral Commission has got its independence back. I hope that the Bill will get us the public information and publicity needed to encourage people to exercise their civic duty to register and to vote.
Let me start by expressing my commiseration with my former hon. Friend—he is still my friend—the hon. Member for Mid Norfolk (George Freeman), who was inadvertently confused with somebody who might want to join the Reform party. It is difficult to imagine a Member less likely to want to do that, or indeed to be received by the Reform party, than him—I am sure he is happy to hear that. That is perhaps except for the shadow Secretary of State, the right hon. Member for Braintree (Sir James Cleverly)—but he once had his own problems with counting votes in a Conservative party election.
I am not going to address the absurd suggestion of votes at 16 as that has been well dealt with by other hon. Members. In particular, there is the obvious point suggested by hon. Members that because young people can sign up to join the Army when they are 16, they should be able to vote. The fact is, they can join the Army not to go and fight, but only as a cadet, and only with parental consent. To anybody suggesting that that somehow means that they should be able to vote, I invite them to suggest whether they think their parents should also be giving consent on how they vote in the voting booth. I think not. I will however come to family voting in a moment.
Luke Akehurst
I would like the hon. Gentleman to elaborate on the absurdity that he sees in 16 and 17-year-olds being able to vote. What is it about them that he feels disqualifies them or makes them less able to make a democratic decision than an 18-year-old?
We already prevent young people at that age from driving, from buying cigarettes and alcohol, and from standing for Parliament. We already conclude that they are not responsible enough in general. Obviously, many are far more responsible than adults, but the conclusion is that they are still children and that they should not be exercising this vital responsibility in respect of our whole democracy until they are 18.
I will quickly mention the Rycroft review. May I stress on behalf of the Reform party how much I welcome the review? Many hon. Members rightly mentioned the disgraceful episode of a former Reform MEP taking bribes from a foreign state. It is absolutely right that we look closely into the circumstances that allowed that to arise. We will wait and see what the review comes up with, but it is quite right that we take whatever steps are necessary to ensure that we do not have foreign financial interference in our democracy.
Dr Ellie Chowns (North Herefordshire) (Green)
Why don’t you tell your party leader?
That is our party position.
The importance of ruling out foreign interference in our democracy has been made repeatedly in the debate. Let me actually address the glaring foreign interference that we have, and which we saw in Gorton and Denton last week. I am sorry to say that it has not been mentioned in the debate so far. We have been talking about one disgraceful incident while mass abuse of our democracy has been going on.
It appears from the evidence of independent observers that as many as two thirds of polling stations had compromised voting in that election last week. As many as one in eight votes may have been cast under coercion—under pressure of family voting. That is a deplorable state of affairs, and it should be the focus of the whole House to understand what happened.
It is important that we speak truthfully and honestly in this place, so I will say what is clearly true and what we all know: we are talking about south-east Asian communities, as has been clearly and objectively demonstrated in the past. We are talking about people taking their orders on how to vote from mosques and from clans—often direct from Pakistan. We are seeing the criminal abuse of democracy by Labour—
Will the hon. Member give way?
I will finish the point and then certainly give way to both gentlemen.
We are seeing the criminal abuse of British democracy by Labour, and now by the Green party. This malignant new force has now occupied—
The hon. Gentleman has just made the most extraordinary allegation about an electoral process last week: he suggested that 12% of all votes were somehow or other invalid because of pressure that he claims was put on them. Has he got any real evidence, or is that just an easy assertion to make to grab some headlines on social media and elsewhere?
I am grateful to the right hon. Gentleman. It is absolutely right that we have this debate. I am citing evidence provided by Democracy Volunteers, the independent observers who were present in the polling stations last week. It is important that we look into it. It is obviously impossible to tell definitively at this stage exactly what went on, but it is clear from these independent observers that serious abuse seems to have been practised.
May I first congratulate the Green party on its significant majority and its win? It is not my party, but I will congratulate it for that significant win over Reform and the Labour party. Does the hon. Gentleman not agree that every single UK citizen, regardless of their faith or ethnic background, has as much right to cast their vote as any other, without fear or favour?
I am delighted to agree with the hon. Gentleman. That is exactly the principle that should be applied.
That is exactly what I think, and every British citizen should be able—
Liam Byrne (Birmingham Hodge Hill and Solihull North) (Lab)
On a point of order, Madam Deputy Speaker. I believe that I heard the hon. Gentleman accuse a political party in the Chamber of a “criminal abuse of democracy”. Did I hear that correctly? Is that remark in order, or does the hon. Gentleman—I use that word loosely—now need to back up his allegation with some hard evidence?
I thank the right hon. Gentleman for his point of order. I am hoping that the hon. Member for East Wiltshire (Danny Kruger) will reconsider his words and withdraw them.
Thank you, Madam Deputy Speaker. I am sorry if I inadvertently suggested that it was a party that was abusing our electoral system. What I am actually suggesting is that there is abuse of our electoral system through an influential network that applies in these constituencies. That appears to be the case.
I should have started by congratulating the new hon. Member on her personal victory. I am, however, very concerned about the circumstances in which many of those votes were cast. I am not plucking this concern out of the air; it is clearly apparent that there is widespread concern, and this is not the first time that it has happened.
Lisa Smart
The hon. Gentleman rightly mentioned the work of Democracy Volunteers, which is a long established and well—
Emily Darlington (Milton Keynes Central) (Lab)
The most personal form of power each of us has is the power to choose. When we mark our ballot, we exercise something profound and meaningful: our power to decide freely what kind of future we want, and that choice belongs to each of us. But today it is clear that our power to freely decide our future is under attack, not because our vote has been taken away or because of voter fraud, but because the environment in which we make up our minds is being deliberately distorted. Hostile states—especially Russia—are investing in digital tools designed to confuse, divide and destabilise us. At the same time, big tech has built systems that reward the strongest reaction: rage over fact, speed over accuracy and repetition over reflection. One seeks to weaken us, the other profits from whatever captures our attention, and together they distort the spaces in which many of us now make up our minds.
We have come together to put forward amendments that would help the Representation of the People Bill to continue to maintain democracy as we expect it to. We already accept the election rules that require us to regulate spending, prohibit impersonation and enforce transparency. We choose to do that because our democracy is too important to leave unguarded, and the digital space where so many of our choices are now formed should be no different. If our duty is to protect people’s power to choose, these five things must follow.
First, we must identify the crime. At the moment, lots of laws apply, but if it is not specific, it is hard for law enforcement to act. We must codify that the existing laws will apply to these digital behaviours, with a recognition that these are serious offences with serious consequences.
Secondly, we must shine a light. If a video is artificially generated to impersonate a candidate, voters have the right to know. The hon. Member for Mid Norfolk (George Freeman) has described his own experience in this regard. We need much higher levels of disclosure and labelling of where information comes from, so that people can better understand what they are seeing. That is why we need more regulation and transparency around political advertising, with all paid digital advertising being kept publicly available in a library so that it is open for all to see.
Thirdly, we must demand that major platforms play their proper role in society. These platforms shape what millions of people see during an election and they must be accountable. These amendments would enable Ofcom to demand action from these platforms, unless they want to face major consequences, by making electoral offences a priority offence under the law. With our success in forcing Grok to take action on notification, we know that we can act to protect people. No platform is too big or too powerful.
Martin Wrigley
Does the hon. Member agree that our joint hon. Friend from the Select Committee, the hon. Member for Mid Norfolk (George Freeman), was woefully let down by Meta when he attempted to get his own video taken down?
Emily Darlington
I completely agree. I think we all agree, no matter what side of the House we are on, that a misrepresentation of that kind distorts the electorate’s views. The reality is that it should be taken down. I think we can all agree on that fact.
Fourthly, law enforcement and regulatory bodies must have the power to act. The Electoral Commission must have more power to investigate, with real-time access to the platform data that is vital to understanding the impact of algorithmic systems and the role of inauthentic behaviour through bots. Regulators must have the power to compel major platforms to take action, including in the case of the hon. Member for Mid Norfolk. We need to have a standard way to let the public know about incidents when they happen. They need to be informed.
Fifthly, these rules must apply year-round. One of the reasons that Meta will not take that content down is that we are not in an electoral period. These online methodologies are so powerful because they recognise the truth that we make our choices not just in the election period; we are making up our minds all the time. Let us get our election law in line with that reality.
Finally, we are proposing an amendment that goes to the core of how we treat each other. We must take action to reduce the abuse of candidates. I commend Mr Speaker and his Conference for their important work on this issue, because we all know too personally where this leads. Not only have we already lost beloved colleagues and friends to violence, but we also lose the talented people who will be put off from running in the first place. This is a robust set of choices that we in the Chamber can make to protect the future that we live in together. They are not about shutting down arguments or preventing someone from speaking their mind; they are about protecting the space for each of us to make the choice freely, and for those spaces to be filled with genuine discourse and arguments.
It is a real pleasure to follow the hon. Member for Milton Keynes Central (Emily Darlington), who has spoken passionately about the risks of democratic interference. I know this is something that she has thought about in great detail. She may be aware that during the passage of the Data Protection Act 2018 we had an amendment to help to facilitate digital watermarking, which in this space would help not only with the copyright AI issue but particularly with the risk of democratic interference. Authenticity in communications is so important.
In my contribution to this debate, I want to talk about votes at 16. It is an incredible privilege to live in the United Kingdom and to be a citizen of the UK. One of our privileges is that we have a long-established history of free and fair elections, and many of our ancestors fought pretty hard and made great sacrifices to get the voter franchise that we have at the moment. Voting is really important. It is important as an adult act for a citizen of our country. Voting matters. That impact matters. Voting is part of the contractual relationship that we have with the state. As citizens of our country, we have a right to vote and to influence the decisions made on our behalf by our representatives, whether that is at local or parliamentary level.
I am concerned that taking away the adultness of voting, by saying that children—people below the age of 18—now have that expanded voter franchise, will diminish the status of voting in our country. It will take voting away from being an act where someone has to pass an age barrier to be recognised as an adult in our society.
I have a lot of respect for the hon. Member, and I know that he speaks with a lot of clarity and authority. He visits schools and colleges in his constituency, as many of us do. Does he agree that, as Members, we have meaningful, impactful discussions with those young people, and that those young people should be enfranchised to vote?
I thank the hon. Lady for her intervention, but I think there is a difference between representing people and people having the ability to vote for us. If we were to take that argument to its ultimate conclusion, it would expand the voter franchise not only to every single age but to non-citizens. I do not know if people agree with that—[Interruption.] It will be interesting to hear if that debate expands. I am sure that many people under the age of 18 have the decision-making capacity, maturity and ability to vote, but this debate is not about that. It is not about someone’s ability to vote; it is about whether they should vote and the status we afford to voting enfranchisement.
My hon. Friend is making an interesting argument that voting should be defined not by age, but by a contract of citizenship. Could he share what he thinks those criteria might be—living in the country, paying tax or working here?
One of those criteria should be that one is an adult, because voting is an adult act, and the other criterion should be citizenship. We do not have time for a debate today on how we approach citizenship in the UK and what that actually means, but if we start trying to unravel—
Luke Akehurst
Does the hon. Gentleman’s reference to citizenship imply that Commonwealth and Republic of Ireland citizens, who have been enfranchised for about 100 years, should be disenfranchised in this country?
I am not making any sort of comment on that. My point is very simple: it is citizenship and age. If we are to apportion the respect to voting that we absolutely should—I think all of us in this House think voting is a critical thing to do—giving it the status of being an adult decision, as opposed to one made by children, is also important. To not do so is fundamentally anti-democratic. It diminishes what people have to go through in terms of the status of voting compared with other decisions. Voting is more important than being able to buy a beer, have a driving licence or join the cadets. Voting is absolutely critical, and that is why it is so important that it should be seen as an adult act, not an act that is within the scope of being a child.
Emily Darlington
If we were to link voting with brain development and maturity, that would mean that men get the right to vote about five years after women. Should we base it on that science?
The point the hon. Member makes illustrates exactly why we have to use an adult citizenship criteria, not one based on capability or ability, because the moment we start to do that, all sorts of awful things risk happening. People should get the right to vote in the UK if they are a citizen and if they are an adult, and that is it. We should never put at risk someone’s right to vote because of considerations about their cognitive ability, and that goes in both directions.
People should be careful what they wish for in making arguments to remove adult status and citizenship from voter enfranchisement. They may not like where they end up.
Patrick Hurley (Southport) (Lab)
There is much in the Bill to welcome. Extending participation, improving voter registration and strengthening the integrity of our elections are all steps in the right direction, but in the time available, I want to concentrate on one thing that this Bill could do but does not. While it improves aspects of participation, it does not address the way that votes are translated into representation in this House.
The electoral system we have was not designed for the political landscape we see today. When the modern party system was taking shape a hundred or so years ago, the assumption was that British politics would continue, as it had previously, in a two-party framework. As we all know, that is not what we have today. The country has changed; our politics has changed. Our politics has become more fragmented, and our democracy —our democratic system—must be able to change with it to accommodate that changed reality. It is increasingly common for Members of this House to be elected without majority support in our own constituencies. It is increasingly common for voters to feel compelled to vote tactically, rather than with their hearts, and to vote against the outcome they do not, rather than the one they do, want. As a result, it is increasingly common for people to question whether their vote is meaningful in any sense at all.
Mike Martin
This is the key point: in an election, if someone has to vote against what they do not want, it poisons our whole democratic well, because voters feel that they end up with something they have not chosen. They have made a negative choice, rather than a positive choice.
Patrick Hurley
The hon. Member makes a valid point, and I hope the House listens.
It is not healthy for our democracy to be like this. I am not suggesting that individual Members lack legitimacy, but that the system itself is losing the confidence of the people we represent. It is for those reasons that there is a strong case for seriously considering alternatives to the first-past-the-post system. The alternative vote, for instance, would retain the constituency link, local accountability and the principle that each area elects its own representative, but it would also ensure that those elected to this place do so with a majority of support from our voters in our constituencies and not merely a plurality.
Joe Robertson (Isle of Wight East) (Con)
The hon. Member talks about the legitimacy of the voting system and the votes nationally not being proportionately represented here. Is the example that he is using the current Government, which got 34% of the vote but has 63% of the seats in this House?
Patrick Hurley
The hon. Member for Tunbridge Wells (Mike Martin) talked about poisoning the well of politics, and that was a great example of making a partisan point when it was unnecessary to do so.
The alternative vote would also allow voters to express their genuine preferences. It would strengthen the mandate on which we are all elected to this place. It would have completely transformed in a positive way the two by-elections and the by-election campaigns that we have seen in this Parliament. Instead of appealing to voters to keep the worst candidate out of office, which happened in one of those by-elections, we would have an appeal to voters on a more progressive and positive basis.
As a way of getting to that position, I want to express my support for the proposal to establish a national commission on electoral reform. A commission would allow the evidence to be examined properly. It would allow the public to engage seriously with the options available to them and would allow any future decisions to be made on the basis of broad consensus.
The Labour movement was founded on the principle that the working class should have a meaningful voice in the decisions that impact on our lives. That principle remains just as important today as it was when my party was founded. Ensuring that our electoral system reflects the realities of modern Britain and commands the confidence of those who we represent is part of honouring the tradition of my party and movement.
As I say, this Bill contains many welcome measures, but we should also be willing to recognise that strengthening democracy is an ongoing task. Supporting a national commission on electoral reform and giving serious consideration to reforms such as the alternative vote would be a measured, responsible and sensible step in that direction. I hope that this House will approach that question in the same spirit of democratic renewal that has served our country so well in the past.
Although it would be churlish to deny that this Bill is a step forward, it is important to look at what it is a step forward from. I am one of the few Members of the House who sat through the Elections Act 2022 and went through it line by line in Committee. Along with colleagues who now sit on the Government Benches, we were united in saying that that Tory election Bill was an affront to democracy. But now in power, Labour has taken that affront to democracy and, rather than ripping it into a million pieces, is doing what Labour seems to do best: take the very worst of Tory legislation and make it slightly less offensive. Although elements of the Bill will improve existing legislation, and we will therefore support it, this is not what we were promised, and I fear that it will be seen as a huge missed opportunity.
We very much welcome the extension of the franchise to 16 and 17-year-olds for UK general elections, which would bring this place in line with Scotland, which has enjoyed that for more than a decade and where it has proven to be an unqualified success. We also welcome efforts to clamp down on dark money infiltrating UK politics. Shining a light on the murky world of Westminster political donations is long overdue. The Labour party has been promising that since 1997, so I think we had best put it in the “I’ll believe it when I see it” pile, particularly given that the scandal of dodgy donations that has now disgraced the Labour party, through Labour Together, continues to swirl around Labour MPs.
As an Opposition party, one of our biggest arguments with the Tories was about the introduction of voter ID. We argued that it was a solution to a non-existent problem. The now Prime Minister was right when he said that it would lock people out of democracy. Yet now that Labour is in power, rather than scrapping the entire scheme, it has chosen to keep it and merely increase the number of acceptable forms of ID, knowing full well that the scheme disadvantages ethnic minority communities, the young, the homeless and the elderly.
My problem with the Bill goes beyond what is in it; it is what is not in it. The rejection—once again—of any form of proportional representation is a scandal. The fragmentation of UK politics is happening at pace. The Government’s refusal to consider proportional representation is dangerously short sighted. Parliamentary elections have become a race to achieve 34%, because, as we know, that is where landslides happen. There could be a reality check coming after the next election, when a party whose Members sit not a million miles away from me, and which refuses to play by the rules, achieves a huge majority on barely a third of the vote. I urge the Government to reconsider their opposition to proportional representation. If they do not, we could all live to regret it.
The Bill is deficient in several other areas: there are still weaknesses and loopholes in political finance, registration must be rolled out much quicker, there must be much tighter cryptocurrency regulations, and yet again, for whatever reason, the Labour party has decided to ignore the abomination of democracy at the other end of the corridor. The Bill is a million miles from being perfect, but on the basis that it is a very small step in the right direction, we will support it.
Lauren Edwards (Rochester and Strood) (Lab)
I welcome the Bill, particularly the parts that will deliver on the Government’s manifesto commitment to give 16 and 17-year-olds the right to vote, introduce automatic voter registration, and widen the list of accepted forms of voter ID. By taking those steps, the Government are improving the way in which our democracy runs and our citizens engage with it.
There are ways in which the Bill can be improved, however. I will talk about unincorporated associations. Although such associations are used legitimately by some, they can also be an opaque vehicle for funds of unknown origin, and there is potential for them to be used for foreign interference in our political system. Transparency International UK found that, of the £40 million in donations made by unincorporated associations since 2010, a huge £38.6 million came from unknown sources under the existing rules, so it is certainly time for change. That is especially true since the previous Government took the opportunity in their last few years to increase the thresholds for the reporting of political donations from unincorporated associations, which was a thoroughly retrograde step—one that I am very pleased we are addressing today.
The Bill takes welcome steps to prevent unincorporated associations from being used to conceal donations from impermissible sources, and to reduce the level at which they must register with the Electoral Commission and report gifts. However, the reporting threshold for all those measures remains unnecessarily high. The criticism of our current system is not only that it allows dark money into our political system, but that it is unnecessarily complex and confusing. The Government should take the opportunity that the Bill presents to tackle both issues by reducing the reporting threshold for unincorporated associations to £500—equal with the permissibility threshold. To deliver maximum transparency, I urge Ministers to consider whether the Bill should require information to be published on the purpose and activities of unincorporated associations, as well as who controls them.
Let me touch briefly on my work as vice-chair of the Public Administration and Constitutional Affairs Committee. Last year, we published a report into the 2024 general election, and made recommendations to the Government, some of which are reflected in the Bill, which I welcome. During the Committee’s inquiry, I asked the chair of the Electoral Commission why our elections are held on Thursdays. I was told that it is simply tradition. That might seem a minor point, but the 2024 general election saw the second lowest turnout since the introduction of universal suffrage. In that context, we need to pull every lever available to us to make it as easy as possible for people to exercise their right to vote. I am sure that we have all stood on a doorstep at night, unsuccessfully asking someone who is tired after a long day at work and a really long commute, and who needs to put the kids to bed, to go to the end of their street and vote.
The Government should consider international evidence from places such as Australia, where elections are held on weekends, to determine whether a change in the day of the week would increase turnout—in much the same way as they have looked at international examples to conduct a pilot on flexible voting. I welcome that modernisation of the way in which we run our elections. Moving the election day to the weekend would likely have a really positive operational benefit, as it would free up more schools to act as polling stations.
I close by stating my support for the consideration of compulsory participation in elections. When we consider the balance of rights and responsibilities, I do not think it too much to ask people to go along and participate in democracy every few years.
Dr Roz Savage (South Cotswolds) (LD)
The Bill makes important improvements to how our elections are run, but updating the machinery of elections is not the same as renewing our democracy, and we desperately need democratic renewal if we are to restore faith in the system.
The greatest weakness in our system is not administrative; it is structural. It is the first-past-the-post problem. We are running a modern, multi-party Britain on a 19th-century electoral system. First past the post routinely produces majority Governments on minority votes, millions of wasted votes, and safe seats—if they are even a thing any more—in which outcomes are effectively decided before polling day. For the average voter, it means that, because of where they live, their vote may not matter. The result may not reflect how the country voted, and people may feel pushed into voting tactically, rather than honestly.
About 70% of votes make no difference to the result. If someone’s chosen candidate has already won, their vote does not count. If they vote for a losing candidate, their vote just disappears into a void. In Gorton and Denton, tactical voting sites were openly directing voters on how to stop one particular party. Understandable though that desire may be, when people feel that they have to consult a website to figure out how to block someone, rather than simply voting for who they believe in, that is not democracy.
The hon. Member for Southport (Patrick Hurley) pointed out some of these ideas. If we stick with first past the post in an increasingly fractured multi-party political landscape, we run the very real risk of the next general election results looking much like a random number generator. We know that manufactured majorities weaken legitimacy, disproportionate outcomes fuel cynicism, and large groups of permanently unrepresented voters create fertile ground for anger and extremism. At a time when democratic norms are under pressure globally, that is not a technical flaw; it is a structural vulnerability. We know that there is a better way.
After moving to proportional representation, countries like New Zealand, and indeed Scotland, saw more representative Parliaments, higher engagement among previously marginalised voters, and stronger public confidence that votes actually translate into seats. Comparative research consistently shows higher turnout and stronger feelings of political efficacy under proportional systems. PR is the missing piece of this democratic puzzle. It would reduce tactical voting, strengthen legitimacy, and align Parliament with the country as it actually is. It is not about party advantage; it is about democratic integrity.
So, yes, let us modernise registration, protect candidates and tighten transparency, but we must not pretend that updating the management of elections is the same as strengthening democracy. When millions feel that their vote does not count, when Governments are handed sweeping power on minority support, and when voters feel forced into tactical calculations instead of honest choices, that cannot be said to be a free and fair democracy.
If we really believe in representation of the people, then every vote must carry equal weight. Anything less leaves us with a democracy that functions procedurally but fails morally. Let the Representation of the People Bill ensure that the will of the people is truly represented.
Those of us who are in this Chamber on a Thursday morning know that we sometimes have questions to the Speaker’s Committee on the Electoral Commission then, and I say that because in the last Parliament, as an Opposition MP, I was a spokesperson for that Committee. It is the only time in the parliamentary week when Members pose questions to an opposition Member to answer. That is an important point, because it highlights the fact that the Electoral Commission is not answerable to Government, of any colour; rather, it is answerable to Parliament, because it is a regulator like no other. It regulates politics, and it therefore holds a very special status.
I also served in the last Parliament on the Elections Bill Committee, and I saw there what happens when political parties use legislation for political advantage. I am really pleased to be able to say that the Bill before us contains many of the important democratic principles that I have been speaking about for the last 11 years in this House, and I am excited to vote for it on Second Reading this evening.
Among the Bill’s measures is the expansion of voting rights to 16 and 17-year-olds. We have heard some quite bizarre things said about that so far this evening, some of which were really quite remarkable. The Bill also includes bank cards among the forms of ID that can be used to access voting. For those who were not in the last Parliament to see the Elections Bill go through and become the Elections Act 2022, let me say that time and again, Conservative Ministers told us at the Dispatch Box that if people need ID to collect a parcel at the post office, they should need ID to vote at a polling station; but if we want to collect a parcel at a post office, we can use a bank card for that, so this is completely in line with the arguments made for the introduction of ID, and I would expect the official Opposition to support expanding the relevant ID to include bank cards.
It is important that we come together on upholding confidence in democracy, because confidence in democracy is not very high in this country right now. That is why it is so important that expanding the franchise to include 16 and 17-year-olds goes hand in hand with working with our colleagues in education to ensure that those young citizens are equipped to vote, and have the necessary support. Already, young citizens in Wales and Scotland have the right to vote, and bringing English and Northern Irish citizens into line makes logical sense.
Peter Swallow (Bracknell) (Lab)
I declare an interest: I am chair of the all-party group on schools, learning and assessment, and we are conducting an inquiry on votes at 16 to see what support young people will need to make the most of the vote, when they get it. The most important thing that young people are telling us is that they are concerned that their teachers do not feel confident enough to lead discussions in the classroom around politics. Does my hon. Friend agree that we must support not just our young people, but our teachers, and enable conversations about democracy, the voting process and citizenship?
I thank my hon. Friend for making that point. His APPG sounds very interesting. I am sure that those on the Front Bench heard those points, and I agree with them.
In my remaining time, I want to address the need to protect our democracy from foreign interference. In cleaning up politics, we need to address specific weaknesses identified. There is a very good blog by Professor Alan Renwick at the University College London constitution unit, which I would love to quote from, but my time is quite limited. He highlights that while the Bill introduces stricter eligibility criteria for company donors, there are still huge gaps regarding cryptocurrency and the potential for illicit funds to bypass traditional checks. We should be bold enough to start talking about a donation cap, too. There is no plausible argument against introducing caps on political donations to prevent a small number of wealthy people from exerting disproportionate influence.
The changes made in the last piece of legislation that went through this House on electoral law have left a huge vulnerability. That legislation abolished the 15-year rule we used to have, whereby citizens who had lived outside the UK for 15 years or longer lost the right to vote and to donate to UK politics. When that rule was abolished, there was no way for elections officers in councils up and down the country to verify that people claiming to have lived at an address in another constituency in 1976 actually did so, because those records were not kept past 15 years, as of course there was no point. Now, there are permissible donors to the UK electoral system who claim to have lived in the UK, and we have no way of proving whether they did. That is a huge vulnerability, and I urge those on the Front Bench to look again at that, and at closing that potential back door that we have left open to foreign money interfering in UK politics. We are an outlier in having this rule; in the Republic of Ireland, for instance, those who leave the country lose the right to vote after one year.
I would like to finish by saying that many colleagues have made the case for proportional representation, and this Bill would have been a great opportunity to set up a commission to look at all the different options that would be available to make sure that people feel that their vote counts, and that there is no such thing as a wasted vote.
Mike Martin (Tunbridge Wells) (LD)
It is great to speak in a debate that has been so well-tempered, and mostly very thoughtful.
I start by welcoming the extension of the franchise to 16 and 17-year-olds. The Lib Dems have campaigned on that for many decades, so we are delighted that the Government have reached into our policy locker. I also welcome a lot of the work that will be done under this Bill around donor transparency—the idea of knowing our donor. If we are all being honest, many of us, looking at the rules around the donations that we all seek and accept, think that someone could, if they chose, drive a coach and horses through them. When we buy a house or a car, or some other expensive goods, we often have to prove where the money has come from, so it is about time that we had the same rules when it comes to political donations.
In the limited time available to me, I would like to highlight a couple of areas where we need to go further. I am a member of the Joint Committee on the National Security Strategy, the Chair of which, the hon. Member for Warwick and Leamington (Matt Western), spoke earlier. The Committee has recently covered a couple of points that I implore the Minister to look into in greater depth. Our long-running inquiry on defending democracy looks at exactly the issues addressed in the Bill, and I would like to talk about two of them.
First, representatives from the National Crime Agency came before the Committee and told us that the law as set out—both the current law and that mooted by the Government in their strategy—does not give the agency sufficient legal grounds to investigate suspicious donations. The Minister can look at the evidence given to the Committee, but there are lots of behaviours that appear to be undemocratic, but after discussions with the Crown Prosecution Service and the National Crime Agency, they are judged not to meet the threshold for breaking the law, either currently or if the Bill as drafted is enacted, so no further investigations are undertaken. There have been many instances when the National Crime Agency has been looking at something that is illegal and, in the scope of its activities, it has uncovered other activities that look “dodgy”, but it is unable to investigate further. That evidence was set out to the Committee, so the Minister can look at that.
Secondly, there are the issues around cryptocurrency, as other hon. Members have already raised. This is a frontier that is moving incredibly fast. On one hand, cryptocurrency has blockchain, so it is possible to look at the ledger to see where donations have come from. On the other hand, with multiple different cryptocurrencies, the ability to move funds in and out of cryptocurrencies in different jurisdictions on crypto exchanges that are held in jurisdictions with which we do not have good relationships, and the ability to use AI to split large donations into tiny donations, spread them out across hundreds of different crypto exchanges and cryptocurrencies, and then reform them into microdonations, this frontier is moving incredibly fast and we do not understand it. For that reason, the Chair of the Committee wrote to the Secretary of State last week asking for a moratorium on cryptocurrencies, and I urge the Government to look into the issue—
While new technologies can often be a force for good and, when used correctly, can enhance political debate, accountability and trust, in practice they are too often having the opposite effect. Social media, in particular, has helped to fuel further division and facilitated levels of distrust, threats and intimidation towards elected representatives that have never been seen before. It has also opened our political system and discourse to the wider world, with other countries able to use platforms to influence and interfere in our domestic political debate in ways that were previously not possible.
Political discourse has become murky, and legitimate political debate has become distorted by misinformation, with people no longer even able to agree on basic facts. This represents an existential threat to liberal democracy. When misinformation spreads unchecked, abuse is normalised and accountability is lacking, confidence in our democratic institutions is significantly weakened. That is what our foes want.
Peter Swallow
I agree with my hon. Friend’s argument. I am a member of the Joint Committee on Human Rights, and a representative from Meta spoke to the Committee just last week. I was very concerned about their answers when probed on the work that needs to be done to protect social media sites from foreign interference. Does he share my concerns that social media companies are not doing enough to tackle this issue on their platforms?
In my experience, Meta does not care about the truth. We heard from the hon. Member for Mid Norfolk (George Freeman) about what he experienced, and I have had the same experiences: stuff goes up, it does not meet the threshold, it carries on and the lies continue to be propagated. Meta’s indifference is a danger to our democracy and that absolutely needs tackling.
There are long-standing rules on how political parties can use paid-for advertising in the offline world, but we have effectively gone from a situation where we have banal party political broadcasts on terrestrial channels to a virtual free-for-all online. That leads to deliberate distortions, misleading claims and half-truths being pushed into social media feeds with absolutely no checks on their accuracy and little recourse, as we have heard, to challenge their spread.
Emily Darlington
My hon. Friend is making an excellent speech. Does he agree that although the Representation of People Act 1983 makes it illegal to misrepresent a candidate in an election, that offence is yet to be tested in relation to online misrepresentation? In fact, Ofcom and many platforms do not see themselves as being bound by that legislation.
The truth is that we have analogue laws for a digital age, and they are simply not fit for purpose. That is exacerbated by the fact that social media companies and their entire business models rely on outrageous comments to incentivise clicks. That amplifies the distortion of our political process and encourages the controversial, so we absolutely need to go further to tackle this issue.
The Bill already has provisions to tighten up rules on digital imprints on campaign material, but we need greater transparency for online political adverts. Some straightforward changes, some of which have already been supported by the Government, could improve transparency and fairness, and increase trust in our political system. As my hon. Friend the Member for Milton Keynes Central (Emily Darlington) has already said, the first of these is an advert library. We need an accessible database to act as a repository for all election advertising across all advertising platforms on the internet. This should include the content of the advert, the money put behind it to promote the content, the paying entity and who the content is targeted at. At present, those are all opaque, with the only libraries available being controlled by the media companies, which can choose to stop sharing access. As we have already heard, they are not really interested in ensuring that things are accurate or truthful when they are published. Similar models have been implemented in Canada and New Zealand already, and the EU will introduce its own later this month.
Secondly, the Government should introduce an amendment requiring candidates to follow a statutory code of conduct at elections, as well as including provisions to stop the intimidation and harassment of candidates, as was suggested in the Government’s White Paper last year. That should extend to commitments to telling the truth and not knowingly including misinformation in campaign material. Putting all that on a statutory footing and including steps on tackling misinformation will give it the teeth that it needs, because we cannot defend democracy if our financial frameworks remain as they are and our online spaces are unregulated. I welcome the proposals for “know your donor” checks. I recognise and encourage the enforcement mechanisms that will be introduced by the Electoral Commission, but we absolutely need to go further.
This Bill is a positive step. Votes at 16, greater enfranchisement and registration, checking cracks in our democracy and better protecting candidates are all really welcome things, but I fear that the experiences of the hon. Member for Mid Norfolk are where we will be in 2029 if we do not crack down on this now. I look forward to working with the Minister to explore ways in which we can make this Bill even better to protect our democracy and allow it to flourish not just now, but in the future.
Our democracy is fragile and cannot be taken for granted, and it has to retain the public’s trust if it is to endure. Many around the world are working very hard to try to erode that trust, so we must be equal to the challenge and ensure that we have the best legislation possible to meet that challenge.
Dr Ellie Chowns (North Herefordshire) (Green)
Madam Deputy Speaker, you will know that I like to start with the positives and the areas of common ground. I warmly welcome the fact that this Bill has come forward and a number of measures in it. It is very positive that the Government are taking forward votes at 16—something that the Green party has campaigned for since the year dot.
It is really good that there is some commitment to improving transparency on political funding. I very much welcome what the Secretary of State was saying earlier about getting rid of the political control of the strategy and policy statement over the Electoral Commission. I also welcome the increase in the commission’s fining capacity. Those are all really positive measures, but there is much more to do. We need stronger action to stop disinformation, get dirty money out of politics and improve trust in our political system.
Briefly, on votes at 16, let me say that 16 and 17-year-olds are engaged, active, interested and really passionate about the political system. It is right that they should be—they will have to live with the decisions that we make for longer than any of the rest of us—so I very much welcome the extension of the franchise. As young people themselves say, it is crucial that the investment is made in supporting political literacy, both in schools and more broadly, to ensure that young people—and all of us—have the political literacy to engage actively in the political process, which is an increasing challenge because of the grave threat of disinformation. We have heard from the hon. Member for Mid Norfolk (George Freeman) and a range of other Members about the problems, and there is a clear need to place duties on the large online platforms to ensure that AI-generated or manipulated content is flagged and controlled.
While the Rycroft review is very welcome, it is not enough, and serious concerns remain about external influence on our politics. I repeat my call for a Mueller-style investigation into Russian and other influence on British politics. We need to know what attacks were made in 2016 and since so that we can have greater clarity and transparency over our politics.
I warmly welcome the points made by the hon. Member for Ellesmere Port and Bromborough (Justin Madders) about the importance of a transparent register of political adverts. We need to know who is saying what to who so that there is transparency, because currently we do not know that, and really disruptive and disinformative things are happening.
As the hon. Member for Lancaster and Wyre (Cat Smith) said, we must have, at a minimum, a cap on donations and a full ban on crypto-donations. That is critical. It is really quite extraordinary that the Thailand-based crypto investor Christopher Harborne has been allowed to donate £9 million to Reform UK—I notice that its Members are still not here. We also need annual spending limits, so that our politics is not distorted by money being spent around the edges of elections, for example.
What else is missing? We need to scrap voter ID, which is a barrier to political engagement and has no justification, and we need increased investigative powers—more money and teeth for the Electoral Commission. It is a profound irony that the Representation of the People Bill does not tackle the fundamental problem with our representation. True representation of the people requires seats to match votes and every vote to count equally, so I call on the Government to take this opportunity to bring forward proportional representation. Ensuring that everyone’s vote counts equally is the principled thing to do, and it is the popular thing to do.
I thank the Secretary of State, who is not in his place, for introducing this Bill. It contains many important areas that I hope the House will agree to on a cross-party basis, whether that is looking at automated forms of registration, lowering the voting age, expanding the list of voter ID, or—most importantly—making sure that we strengthen political finance and how we are all funded. I am proud to declare an interest, in that I was funded by trade unions and my local Labour party—long may that continue.
Many years ago, growing up not too far from here in Brixton, when I saw this place and heard people talk about decisions that impacted us and our communities, it felt like it was a million miles away. If we are honest, we have a system that sometimes feels rigged against us, where decisions are made to us instead of with us.
Liam Conlon (Beckenham and Penge) (Lab)
Does my hon. Friend agree that it is really important that we make participating in democracy as easy as possible? There is an inextricable link between high levels of deprivation and low levels of registration, and it is really important that we do all we can to make it as easy as possible and remove the barriers.
I thank my hon. Friend for making that important point. Many people think that there are too many barriers for them to join the electoral register, when we all know that it takes a matter of minutes. I always say that if the council can send you your council tax bill before you have even finished unpacking, why can they not register you to vote in time?
A healthy and accessible democracy is not just about representation; it is about holding decision makers accountable when they do not deliver on their promises. That is why it is really important that we get this Bill right. We all know that trust in politics is at an all-time low, so at the heart of this must be an acknowledgment that voting is a right, not a privilege. When barriers exist that make it harder for people to vote, we must remove them, and the last Government’s introduction of the voter ID system did just that—it disenfranchised legitimate voters from making their voices heard. We have all knocked on the doors of many people on polling day who did not have the opportunity to register for voter ID before polling day. I have spoken to young people who did not understand why their elderly relative could use their bus pass to vote, but they could not use their Zip card—make it make sense! It is right that we take steps to end personation, but they must be proportionate to the tragedy of legitimate voters being denied their votes, so I wholly support the Government’s measures to widen the scope of voter ID to include digital ID and more forms of ID. I would welcome the Minister outlining some of those changes, and would be grateful to know whether they will include young persons’ ID.
Most importantly, I am happy to see votes for 16-year-olds—I am a long-time, passionate advocate for votes at 16. Conservative Members may be aware that the former chair of the votes at 16 APPG was a former Father of the House. One of the longest-serving and oldest Members of this House was a keen and passionate advocate for votes at 16, so there are some Conservatives who support this measure. It is really important that we consider how to enfranchise young people. Think about all the 16-year-olds in 2010 who saw the coalition Government triple the cost of their tuition fees overnight, who could not vote when they turned 18 in 2012. We must think about how to make sure people who are planning for their future have a keen interest in, and are able to exercise, their right to vote.
One thing about giving votes to youngsters at 16 is that there will be an election in their last two years at school, and politicians will be beating their way to the doors of these schools to go in and speak. Those young people will have an opportunity to learn about what they are voting for and how the structures work in a way that, frankly, their elders often do not know.
My right hon. Friend makes a valid and important point. We know that people who start voting at a young age will continue voting through the rest of their life. It is soul-destroying when we knock on the door of someone in their late 50s or 60s, and they say that they have never voted and do not think about voting. If we enfranchise these young people, the figures show that they will continue to vote throughout their adult life. It is important that we enfranchise more people and make sure that there are no barriers.
This legislation is not just about enfranchising people, but about ensuring fair representation. The Electoral Commission shows that as many as 8 million people are not correctly registered to vote, and that has a big impact on young people, people living in private rented accommodation, disabled people and recent home movers. It is important that we look at this issue. I welcome the Government’s proposals on automatic voter and direct voter registration. That is the right way to do it, and it will be important for the Government to outline how they will pilot the scheme. Can the Minister give assurances about when the pilots will happen and if preparation is happening? It is important that any successful pilot is implemented before the general election.
Can the Minister clarify how voter registration will impact different franchises for local and parliamentary elections? For example, will the system deal with qualifying EU nationals? We know that the scheme depends on when someone arrived and settled in the UK, or if someone is from one of the five countries with reciprocal voting rights agreements with the UK. Can the Minister outline how automatic voter registration will capture that?
Time is limited, but I welcome the fact that the Government have finally listened to my calls and those of many other Members in repealing the provision on the Electoral Commission strategy and policy statement. In 2000 the previous Labour Government set up the Electoral Commission as a guardian of our democracy, independent not just of that Government but of all future Governments. That independence is fundamental to restoring and keeping trust in our democracy, and it is right that we have no political interference in—
Several hon. Members rose—
Order. To help more colleagues contribute to the debate, the speaking limit has dropped to three minutes.
Martin Wrigley (Newton Abbot) (LD)
I agree with many of the comments that Members have made, and it is nice to see such communality on idea that we need proportional representation, that we need to get rid of dirty money, and that we need to abolish the possibility of foreign people buying our elections. We see in too many countries across the world that if people have the money, they can buy the votes, and we must not fall into that trap.
I welcome the introduction of votes for 16-year-olds. The children I meet at schools talking politics are engaged and understand what they are doing. I question whether we have sufficient digital voter IDs in the scheme for them to use. Personally, I would like to see voter ID abolished entirely, much as I would like to see the open register abolished entirely. However, the biggest thing I had complaints about after the last election was postal votes, whether it was postal votes too late in getting to people or postal votes being sent back and too late getting to the elections office. There is some movement in the Bill, but it is not enough.
However, we are completely ignoring a whole section of voters: our overseas voters. We heard earlier how the overseas mandate had changed. Now, instead of some 1.4 million overseas voters, we have an estimated 3.4 million overseas voters, and we need to change how they can vote. They are asking for the ability to self-print ballots from the system—that is possible; they do it in the Netherlands—and return them through embassies and consulates. That would enable us to reach these overseas contingents, and we should be encouraging them to take part in our elections, as they are entitled to do. Something like 200,000 registered for the last election, but there are 3.4 million people whom we have disenfranchised. The other big question that we have agreed on and talked through is how we deal with misinformation and disinformation and modern technology, which are distorting our electoral position. We have to make more of that.
On the whole, I would say that this is a reasonable start for a Bill. There is a lot more work to be done, but having heard Members on both sides of the House agreeing on the Bill, I think that together we can make it better, and fit for the 21st century.
Ben Goldsborough (South Norfolk) (Lab)
I strongly welcome this legislation. The proposals for votes at 16, streamlined voter registration and tightened political funding regulations are very welcome, and I applaud the Government for grabbing the bull by the horns. Others will want to address various aspects of the Bill, but for me the most pressing issue relates to political funding.
Hon. Members may be aware that, on behalf of the Petitions Committee, I recently led a Westminster Hall debate on foreign political interference in UK politics. In preparing for that debate, I met various experts on political interference. What they told me has stayed with me and impressed upon me the immense scale and severity of the threat that we are facing, and I want to reflect on that aspect of the Bill.
We know that Russian money has already been used to influence and manipulate British politics. We know for a fact that Reform’s former leader in Wales took at least £40,000 in Russian bribes, a crime for which he is now serving a 10-and-a-half-year sentence—I hope he feels that his treachery was worth it. He is not the only Reform politician who has been singing from the Kremlin hymn sheet, but we can only work on the assumption that the others do so as a political choice, rather than as a result of financial inducement.
So we know that Russian money has already infiltrated our politics; what can we do now to prevent future betrayals like that of Mr Gill, and to defend our democracy? The Bill makes great strides in the right direction—restricting political donations from foreign companies is a hugely positive step, for example—but when malign actors want to subvert our democracy covertly, they will continue to do so, or will attempt to do so, and we must therefore be forceful in defending ourselves against all covert illegal donations.
One way for malign actors to dodge our defences is to donate to political parties using cryptocurrencies. The experts I have spoken with tell me that cryptocurrencies pose a new threat to our democracy, an opportunity for hostile states to bypass the laws that protect us and our political system from meddling. Only one of the parties represented in this place today accepts crypto donations. No prizes for guessing which one: yes, it is the same party once represented by Nathan Gill; the same party whose leader thinks that the west provoked Russia’s invasion of Ukraine, and regards Putin as the world leader he most admires. However, it is not just political parties that influence and shape our politics; so do think-tanks, and experts also suspect that Russian money is being used to fund think-tank activity in the United Kingdom.
The Government are taking a huge step in the right direction, and I will be proud to walk through the Aye Lobby tonight in support of the Bill. The threat facing us from hostile states is extremely serious, and it is critical that the Government act with strength to ensure that that influence is no longer there.
Jim Allister (North Antrim) (TUV)
The central point of the Bill is, of course, the franchising of 16 and 17-year-olds. I will not deal with that issue extensively, although I must say that I thought the right hon. Member for Braintree (Sir James Cleverly) essentially demolished the argument for votes for children. However, I want to look at it in a slightly different context.
Whether someone is 16 or 86, the whole idea of universal suffrage is that people have the opportunity, as equals, to elect those who make their laws, whether in a council, in this Parliament, or in some other institution. That is the fundamental point. Indeed, the secret is in the title: Representation of the People—representation in the election of those who then make our laws. But here is the problem. If the Bill is passed and you are a 16-year-old in my constituency, you will not be electing those who make all your laws. If you are an 86-year-old in my constituency, you will not be electing those who make all your laws. That is because we are in the absurd position that in part of this United Kingdom—which boasts of universal suffrage, which boasts of equal rights across this United Kingdom—in not one area but in more than 300 areas of law, the laws are not made by those whom we elect; they are made by those in a foreign Parliament, the European Parliament, elected by the electorates of 27 other countries.
Liam Conlon
The hon. and learned Gentleman mentions Europe. Another key component of this Bill is transparency in funding, and he will know that the Constitutional Research Council donated nearly half a million pounds to the Vote Leave campaign in Northern Ireland—a company that does not disclose its accounts or who funds it. This Bill will correct that. Does he agree that is a fantastic move forward?
Jim Allister
Yes, transparency in funding is important, and I will say something about that if I have time, but there is a more fundamental issue. Whatever their age, the hon. Member’s constituents, once they are given the vote, have a right to elect those who make their laws. My constituents and I do not have the right to elect those who make our laws in my part of the United Kingdom, and I challenge anyone in this House to tell me why it is either democratic or right that we should have universal suffrage on the basis of representation of the people, but that we should extract and remove from the people of Northern Ireland that fundamental right in 300 areas of law. That is perverse. It is wrong. The Secretary of State, in introducing this debate, said that this Government “will tackle foreign interference head-on”. Well, let them start by removing the foreign interference in making the laws in my part of the United Kingdom. That would be a very good starting point.
Finally, I want to make a point about foreign donations. This House may know that in Northern Ireland we have a party by the name of Sinn Féin, which has run a coach and horses through every regulation that has ever been made about foreign donations. Because the party operates in Northern Ireland and the Republic of Ireland, it plays the rules of one against another. In a recent year it received £2 million from the United States, so what does it do? It filters the money through whichever country’s laws allow it to be most easily filtered, and then moves it north-south or south-north, as suits the party’s purposes. This Bill does not yet go far enough. I want to see it tighten those loopholes and make sure that travesty cannot continue.
Mr Alex Barros-Curtis (Cardiff West) (Lab)
As a solicitor who previously advised in this area, I am grateful to be able to contribute to tonight’s Second Reading debate. I welcome much in this Bill, including automatic voter registration; honouring our manifesto commitment to extend the vote in UK-wide elections to 16 and 17-year-olds, following in the footsteps of Wales; and rectifying some of the discriminatory impacts of the Conservatives’ Elections Act 2022, a piece of legislation that in many respects was a solution in search of a problem.
In the short time I have tonight, I want to focus on a theme that I have regularly spoken about: the threat to our democracy from foreign interference by both state and non-state actors, and the steps that we must take to cement our democracy from those malign forces. As has been said, these are not theoretical risks. We need only look at the former leader of Reform UK in Wales, who was previously in the UK Independence party and the Brexit party: Nathan Gill, who is now serving 10 and a half years in prison for eight counts of bribery. It is shameful that he took a minimum of £40,000 in bribes to make speeches in the European Parliament. He was meant to be representing Wales but instead did the Kremlin’s bidding.
I welcome the Government’s setting up of the Philip Rycroft review, and I trust that the resulting recommendations will be included in the Bill as it progresses through this place. In particular, I am clear that we should ban all crypto donations to political parties and individuals. To my mind, there is no legitimate rationale for donating via such means, unless the donor ultimately wishes to disguise their true identity.
I welcome the independence of the Electoral Commission, which was elaborated on by the Secretary of State, and the enhancing of its powers to provide clear deterrents against lawbreaking. I would be grateful if the Minister could reassure me that the Government will ensure that the Electoral Commission has all the necessary resources it needs to do its job effectively and efficiently.
Improved co-operation between the Electoral Commission, the intelligence services, law enforcement and electoral authorities must be a priority. I have previously suggested to the Security Minister and I suggest again to the Minister that the Government should consider whether the recently announced policing reforms, most notably in setting up a national police service, may be a suitable vehicle through which to consider establishing dedicated police capability for electoral crime.
Finally, we must urgently deal with disinformation and online operations, as has been mentioned, and treat them as the core national security threat that they are. The Electoral Commission, Ofcom and the police need the resources to deal with the threat of personalised algorithmic feeds and AI-enabled manipulation that feeds misinformation about our elections. I would be grateful if the Government synchronised that with other ongoing Government reviews to ensure that this Bill is as robust as it needs to be to cement our democracy.
Mr Peter Bedford (Mid Leicestershire) (Con)
It is quite frankly absurd to grant children the right to vote, and even place 14 and 15-year-olds on the electoral register, all while maintaining the plethora of age-based rights elsewhere. Just look at the contradictions. A 16-year-old would be able to determine who governs the country, yet not able to enter legally binding contracts such as buying and renting property, purchasing alcohol or tobacco, or making independent medical decisions. It simply does not stack up, and Labour Members know it.
Even with these obvious inconsistencies, I do not believe that the Government have thought through the unintended consequences of this Bill. First, on turnout, younger age groups are historically less likely to vote. Lowering the voting age and bringing another 2 million individuals into the electorate will only compound the issue, and as we see turnout levels drop, there will be more questions about the legitimacy of our elections and electing our leaders.
Ayoub Khan (Birmingham Perry Barr) (Ind)
Is not the real fear that young people are now able, through social media and other forums, to identify which political personality is telling the truth and which one is saying what is false, and the Conservatives are quite concerned that they will lose even more power?
Mr Bedford
If the Government get their way, young people will not be able to access social media anyway, so I am not sure the hon. Member’s argument holds up.
Secondly, other inconsistencies arise because the Government believe that those young people should be shielded. They should be shielded from fatty foods, smoking alcohol and, as just mentioned, social media, yet overnight—on reaching the age of 16—they are considered sufficiently informed to decide who they want to run the country.
Thirdly, and most importantly in my eyes, there is the issue of family voting. In the light of the recent allegations about the Gorton and Denton by-election, this raises serious concerns. Could lowering the voting age increase the risk of undue political influence in households? Could some young people face pressure to vote in line with family expectations rather than exercising genuine independence? Votes at 16, alongside watering down the rules on voter ID at polling stations, lead Conservative Members to question whether our democracy is being undermined still further.
To conclude, lowering the voting age is contradictory. It creates inconsistency in our age-based rights system. It carries the potential for serious unintended consequences for turnout and the legitimacy of our elections, political divisions and voter independence. Labour Members should consider these risks very seriously indeed, before inflicting lasting damage on our fragile democracy.
I have learned a great deal this evening, not least that, when we are debating legislation, Members should put in their name earlier than I clearly did.
I have the great honour of representing the people of Finsbury, and there is a great line of fantastic Members of Parliament before me, such as Chris Smith. Before that, there was Thomas Slingsby Duncombe, who in 1842 delivered to Parliament the Chartist petition with 3.3 million signatories, or one third of the adult population. We had huge demonstrations in Spa fields and Copenhagen fields to try to get the vote—unfortunately, just for men—but, nevertheless, that is how seriously we take democracy in Islington South and Finsbury.
However, 184 years later, I worry that I may be the MP who oversees the death of our democracy, and the reason I am so concerned—profoundly so—is foreign interference in our democracies. The Foreign Affairs Committee started looking at other countries—we thought this was just about other countries—and we visited many other places. I must tell hon. Members that the things we saw in Romania and Moldova would make their hair stand on end. However, this is not just in countries a long way away on the border with Russia, but in many others. I have spoken to people in Germany and France, and it is quite clear that there is an attempt to influence our democracies, and we are complacent—far too complacent.
We are very worried about that in the Foreign Affairs Committee, so we have taken the unusual step of asking domestic Ministers what they are doing about it. We are seeing patterns of behaviour and we are concerned that it is now happening in this country. It could blow up very quickly, not least in the next elections in May. The last thing we want is for those influencers to be there and then for us to somehow or other try to persuade the public, “Actually, you were unduly influenced.” Nobody will want to admit it once it has happened. We need to ensure we protect ourselves.
Tom Rutland (East Worthing and Shoreham) (Lab)
Many of my constituents have been in touch with me in recent months concerned about the impact of foreign money and foreign influence on our elections, particularly after the recent conviction of the former leader of Reform UK Wales for taking Russian bribes. I am sure those concerns will be shared by my right hon. Friend’s constituents. Will she join me in welcoming the measures in the Bill that will strengthen the rules on political donations, in particular the requirement that donations from companies must come from money made in the UK, rather than abroad?
Well, the penny does seem have dropped—or the crypto-coin has dropped—but the Bill is not sufficient. That is why the Rycroft review is really important. It will come out at the end of the month and I ask the Minister to undertake to publish it when it is produced, because we are on a very tight timetable. The programme motion suggests that the Bill will leave the elected House on 23 April, so if there are changes to be made, they will be made by the unelected House of Lords, which is unfortunate. I ask business managers to consider that.
Currently, there are seven Departments dealing with disinformation. The test I have is the 1,300 bots from a Scottish background—they seem very interested in Scottish nationalism in Iran. I have been asking various Ministers to deal with them. Who is taking them down? Who is responsible for taking them down? Of the seven different Departments, who is doing that? Those bots are still there—although they may now have gone because of the recent bombing. Nevertheless, it is quite clear that that is an attempt at foreign influence in our democracy and I am very concerned about it. I asked the Minister of State at the Foreign, Commonwealth and Development Office about it. He said he would look into it. As a result, I got three different letters from three different Departments all telling me three different things. We must consider this matter and ensure we tackle it properly. The Foreign Affairs Committee is producing an excellent report this month. I urge Ministers to read it, because it will contain recommendations which, unfortunately, I cannot go into today.
Finally, why are we allowing cryptocurrency into our democracy? Who wants to use cryptocurrency? Why can we not just use good old-fashioned cash, cheques and bank transfers like anybody else? Why do they need cryptocurrency? Because they want to cover up. It is the Russian currency of choice when it wants to bribe people. We know that from other countries and we know the way in which it is used. Just say no.
It is a pleasure to follow the right hon. Member for Islington South and Finsbury (Emily Thornberry). She rightly reminded the House about the role of the Chartists in Islington South. I remind her and the rest of the House about the role of Mary Wollstonecraft in the north of the borough, and of course the fact that “The Rights of Man” was written in her constituency at the Angel. Our borough has made a massive contribution to radical thought and radical development.
This debate should be much longer and wider, because we need to look at wider issues of democracy in our society. We have an elected House of Commons. We have an unelected House of Lords. We obviously have an unelected Head of State. We have a massive disparity in regional influences on political decision making. We do not really have regional government. We have mayors and a local government system that is essentially dependent on central government. We are not a fully democratic society by any manner of means. Indeed, this House of Commons is really meeting on sufferance of the Government. Its agenda is basically set by the Government. It is not an independent chamber of power over the Government; it is one that tries to hold the Government to account—there is a big difference. So we need to think a bit more about how our democracy could develop. Perhaps a good idea would be a commission on democracy, where there could be wide-ranging thoughts on democracy in our society.
The Bill contains a number of issues that I want to refer to quickly. I say that as a former agent in many elections, and as a parliamentary candidate in many more after that. The question of the funding of elections comes up all the time. Massive amounts of business money flows into politics both at election time and between elections, funding parties, so-called political interest groups and so on. We need to get a grip on this. Our democracy is being sold to the highest bidder, and it is getting worse and worse with the levels of political influence and money that goes with it.
There is also the question of the power of the media between and within elections. We need to extend broadcasting rules into print media during elections. As others have said, we need to look very seriously at the damaging interests of social media and the algorithms that go with it, which direct political views. It is almost impossible to find out how much money has been spent on social media campaigning.
Lastly, I will turn to the right to vote. I have raised the question of homeless people having the right to vote; if we had a universal registration system, it would be much easier to ensure that everyone who is entitled to vote is able to do so. While I absolutely support votes at 16, I also think we should extend votes beyond just Irish nationals to those who are legally resident in this country and have a stake in the future of this country, and should be able to vote accordingly.
Liam Byrne (Birmingham Hodge Hill and Solihull North) (Lab)
I, too, want to welcome the Bill; I think it has a lot of good measures. However, whether it becomes the watershed Bill that I think it could be depends on whether much of the debate we have heard tonight gets translated into successful amendments over the next couple of weeks.
We all have an ideal of democracy in this House, but we all know that democracy, too, is a system, and systems can be gamed, corrupted and undermined, not merely by force of arms, but by force of money: foreign money; dark money; money that is faceless, but has an agenda. That is the situation we have in this country today because we have allowed the activities of shell companies, alka-seltzer companies and unincorporated associations, with about £1 in every £10 coming into political parties now from some kind of dark source. All of this is overseen by a National Crime Agency without the resources to do the job and an Electoral Commission without the powers to do the job.
There are five changes that need to be made to the text of the Bill before us tonight. The first, as many have said, is on media systems. It is ridiculous that I can set up a trust in Dubai that is owned by a company registered in the British Virgin Islands and chuck tens of millions of pounds into a British TV station, which can then go on to pay politicians in this House. There are no rules and balances on that, which is ridiculous and needs to end.
Secondly, as many people have said, we need to ban cryptocurrency. We know that cryptocurrency is the vehicle of choice for the Russian intelligence services moving money into the bank accounts of western proxies. For a long time, the Russian intelligence services have had a strategy of what we might call “poodles on rubles”. Right now, we know they are moving about $30 million a year. We have to ensure that what has happened in Moldova does not happen in countries like ours. Banning cryptocurrency altogether—until, perhaps, one day in the future, the Electoral Commission has the power to police it—might be a good idea.
Thirdly, we have to ensure that only profits earned from British companies can be used for electoral donations. It is ridiculous that an individual like Christopher Harborne can take $70 million in Tether tokens before then making about £23 million-worth of donations into British political parties, with none of us in this House having any idea where that money has come from.
Fourthly, we need to ensure that the powers of the Electoral Commission have been transformed so that it has the power to initiate investigations before it has all the evidence it needs. At the moment, it needs to initiate an investigation before it can get the evidence, which is very difficult to do.
Finally, we need to ensure that there is a proper gateway to allow the Electoral Commission to share information with the National Crime Agency.
Our enemies are undermining us now not just by dropping bombs through the ceiling, but by trying to destroy our foundations. Regulating political finance is one of the ways we can stop that now.
Helen Maguire (Epsom and Ewell) (LD)
The Bill presents a vital opportunity to pave a new way for politics —a politics that is good, honest and free from foreign interference.
I welcome many of the Government’s proposed changes, but the Bill does not go far enough. Loopholes can still be exploited, with foreign billionaires simply needing someone in the middle willing to co-operate and act as the middle man before a donation reaches the party’s pockets. Using company revenue rather than profit to determine eligibility for political donations is also too weak a safeguard against foreign money. Furthermore, the issue of cryptocurrencies has also not been addressed in this legislation, as many Members have said this evening.
International IDEA reports that 49% of countries worldwide place some kind of cap on donations to political parties. Labour must do what is right and use this Bill to finally cap donations to political parties. Free and fair elections are central to our democracy, so I am pleased that the Minister listened to my concerns when I met her last week, and the strategy and policy statement will now be withdrawn. This will ensure the independence of the Electoral Commission.
There is also the growing issue of disinformation, which this legislation fails to address. With the welcome change in voting age, even more of our electorate must now wade through online content and determine what is real and what is false. It is therefore imperative that we do not go into another election without robust, updated measures to tackle disinformation. As we consider voters, I am pleased to see changes to move the postal vote application deadline to three days earlier in the electoral timetable, and I hope that this helps our overseas electorate.
Finally, this Bill makes progress, but it cannot be the end of the road for electoral reform.
Caroline Voaden
Does my hon. Friend agree that, as our electoral system fractures into a multi-party system—we have traditionally had a system involving two parties in this country—there is a massive missed opportunity to use the Bill to introduce a commission that could bring forward a proportional voting system? That would ensure that we never again had a Government who won 62% of seats with only 34% of the vote.
Helen Maguire
I totally agree with my hon. Friend. Indeed, I believe that at recent Labour conferences, many Labour members brought up the same point.
This House must strive for a system that is bold and ambitious, and that puts everyday people at the heart of British politics. The legislation needs to go further to deliver for our constituents.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
Last summer, along with the other North Lanarkshire MPs, I participated in North Lanarkshire council’s school placement scheme. Two young people, Scott and Shanna, joined my office. At the time, they were 17 and 16 respectively. They began by doing a six-week summer placement, but they now regularly contribute to our team. Even in a relatively young constituency office, they bring a fresh perspective. They ask different questions and challenge assumptions, and they do so thoughtfully and responsibly. I find it particularly abhorrent that they contribute so much to the work of my office and yet are not deemed important or skilled enough to vote.
We talked at length about this Bill and why it was so important. When I set about the task of writing this speech, we were thinking about why the voting age should be 16, rather than 17, 15 or 18. As I listened to the speeches of Conservative Members, I was reminded that at 16, someone can leave school if they want. They can work and can get a national insurance number. They pay tax if they earn enough, and they pay national insurance if they earn above the threshold. They pay into a state pension and the pot builds, but they might never see any of it if they do not live to reach the retirement age. They are expected to contribute to society, but are told that they cannot have a say in how that society is governed. This has been an important issue for me from the beginning.
It is clear that these young people are mature enough to vote—certainly no less mature than many who are 18, and we have never queried votes at that age. We all have talked about how important it is to engage with schools. We have also talked about the fact that the change has already happened in both Scotland and Wales, and the world has not fallen in. The other point that I want to raise is how we will make sure that we get young people who are leaving care on to the electoral register. That is important.
Manuela Perteghella (Stratford-on-Avon) (LD)
I welcome the Bill, but it needs to be improved to effectively strengthen and defend our democracy. First, it is essential that we replace our outdated first-past-the-post electoral system with one that is fair and proportional. Independent analysis found that the 2024 general election was the most disproportional in modern times. The fact that millions of votes did not translate into representation fuels dangerous disillusion.
Secondly, on money, last year, I introduced a ten-minute rule Bill that would have put a cap on political donations and addressed donations made by foreign nationals through companies. It should be the people of this country, not the deep pockets of billionaires, oligarchs or corporate interests, who decide our future in elections and referenda. Legislating for caps and stronger checks would align us with comparable democracies and would close the door on undue influence. We should also ban cryptocurrency donations; I look forward to the findings of the Rycroft review.
If this Bill is about representation, it must also be about the conditions in which voters form their views. Elections cannot be fair if voters cannot find and trust accurate information. Organisations such as Full Fact have proposed targeted measures to tackle the spread of misinformation, including stronger rules on political deepfakes, the establishment of a comprehensive public library of digital political adverts, statutory regulation of non-broadcast political advertising for honesty and accuracy, and a protocol for electoral information incidents, so that voters are alerted to serious interference or disinformation.
I am delighted to see the proposal for votes at 16. I would just add that enfranchisement must be accompanied by political and digital education programmes.
On overseas voters, as the chair of the all-party parliamentary group on citizens’ rights, I have heard evidence that postal ballots sometimes arrive too late to be returned. The Bill is an opportunity to pilot secure solutions, such as secure downloadable ballots, and embassy or consulate returns via diplomatic bags, and I urge the Government to look into the benefits of overseas constituencies.
People must be able to trust that their vote and voice matter. Let us use this Bill to ensure that it is the people of this country, not foreign malign actors, billionaires or algorithms, who decide our future at the ballot box.
Chris Curtis (Milton Keynes North) (Lab)
I do not think I will get the time to say this at the end, so I want to put on the record that the Government should set up a national commission to look at our voting system. Whatever our views on it, we no longer live in a two-party electoral system, and if our electoral system does not acknowledge that fact, we will have even more chaotic and unpredictable election results, as Professor Rob Ford says.
I welcome many of the changes introduced by the Bill. Members from across the Chamber have talked about the principles behind democracy. My view is pretty simple: we should make it as easy as possible for as many people as possible in our democracy to vote. Unfortunately, some political actors have moved us away from that basic principle in recent years with some of the measures that they have introduced. There are always trade-offs in supporting the security and integrity of our electoral system, but the introduction of photo ID in our elections was done in a way that placed an unfair burden on people going to vote, while not doing anything to support the integrity of our electoral system.
In the 2023 election—the first time voter ID was introduced—a nurse in my constituency was not able to vote because she did not have a valid form of ID. I am sure it is possible for people in this Chamber to argue that at some point between her 12-hour shifts, saving the lives of my constituents, she should have found the time to fill in the proper paperwork. That right to vote was taken away from her to stop a problem that the Electoral Commission consistently said basically did not really exist. There is almost no evidence to show that it ever existed, if only because it would be incredibly inefficient to provide that on a large scale. I acknowledge that there are problems with electoral fraud in our democracy, but there is almost no in-person fraud at the ballot box. The introduction of that law therefore had almost no benefit, and it is right that the Government are increasing the range of supported IDs.
In the same vein of making it as easy as possible for people to vote, I would like to support the changes to automatic voter registration, but I acknowledge some of the problems raised by Opposition Members. While I accept that it will not be possible to say that there will be full-coverage automatic voter registration by the time of the next election—that does not, in and of itself, create a problem—it would be good to have reassurance from the Government on two points. First, where there are constituencies that cross multiple local authorities, we must not have a problem whereby half the constituency has automatic voter registration and the other half does not. Secondly, by the time we come to the next boundary review, when it comes to automatic voter registration, there must not be incomplete coverage. Can we please have a commitment to a way of addressing that problem—
Olly Glover (Didcot and Wantage) (LD)
There is much that is positive in the Bill. I want to touch briefly on one point that we have not discussed much so far, which is strengthening protections for staff who work on elections. They are critical to the safe and transparent delivery of our democracy. As hon. Members have said, what is missing is something that would enable a fundamental change that restored faith and fresh thinking to our politics: a change to the voting system, to make it more proportional. One party, regardless of how good or bad it is, cannot hope to represent the huge range of ideas and opinions in our society effectively. This is not Lib Dem self-interest speaking, because in 2024 we finally achieved an outcome in seats under first past the post that was comparable to our vote share.
I would like proportional representation for many reasons. I would like it for the tactical voters whom I told in 2024 that I would campaign for a system in which they did not have to feel forced to vote for me. I appreciate that the Secretary of State may not be persuaded by my opinion, but perhaps he will be by an open letter about the Bill, written by over 50 leading academics, including Professors Tim Bale, Rob Ford and Vernon Bogdanor, which said:
“The collision of a multi-party electorate with a voting system designed for just two parties is creating new risks for Britain. If the government wishes…to protect and enhance the integrity of British democracy…it would be wise to engage with these risks.”
Many Labour Members agree with that. A majority of the 158 members of the all-party parliamentary group for fair elections are Labour Members. A record 60% of the public support proportional representation, up from 52% in 2023, which was itself a record at the time.
While votes at 16 is to be welcomed, I note that widespread research, including from the respected More in Common firm, shows that 78% of the voting public are disillusioned with politics. Labour’s 2023 national policy paper acknowledged that widespread alienation and distrust among voters. Alas, the Bill will not address that very worrying situation.
The Secretary of State, in his opening remarks, cited the German and Dutch good practice mirrored in aspects of the Bill. It is good that he did so. I hope that he will study further German and Dutch good practice; their electoral systems tend to deliver higher turnouts than ours, in a much more proportional manner. I appreciate that that is a big ask. If he wishes to prevent those 16 and 17-year-olds who will soon be able to vote from falling into the same democratic despair felt by many of us, I hope that he will start by supporting the call from the APPG for fair elections for a national commission on electoral reform.
Kirsteen Sullivan (Bathgate and Linlithgow) (Lab/Co-op)
I welcome the opportunity to speak, even if it is briefly, in the debate. Young people have often felt left out of discussions and decisions about their future, and have felt that their voices do not matter, so I welcome the steps that the Bill will take to standardise the vote age across all elections. In Scotland, the age for voting in a general election has been out of step with the age for voting in Holyrood and council elections since 2016.
While I welcome the steps towards increasing participation and accessibility, we must do more to expand representation. The last general election marked the first point in our history at which enough female MPs had ever been elected to fill the Chamber. There have been 695 female MPs since 1918; I am the 673rd. However, we have missed an opportunity. As we heard, section 106 of the Equality Act is still to be commenced. I know that the Government are committed to commencing it. When commenced, section 106 will improve transparency, accountability and consistency in how parties collect and publish candidate diversity data. By bringing greater transparency, that section will allow nominations across parties to be analysed consistently and transparently, putting a spotlight on the selection of women candidates and highlighting any disparities. Commencement is supported by Centenary Action, 50:50 Parliament, the Electoral Reform Society and Elect Her to ensure that Chambers across the country better reflect the communities that we all serve. Ahead of the centenary of women’s suffrage in 2028, I ask the Minister to reiterate that commitment today and to consider whether section 106 should be reflected in this Bill in the light of the commendable aim of strengthening our democracy.
James MacCleary (Lewes) (LD)
Although I fear that this Bill may be remembered as a Bill of missed opportunities, I want to start with the substantial positives that I see in it. For decades, the Liberal Democrats have fought—sometimes alone, sometimes against the odds—for votes at 16. It is a progressive, pragmatic move whose time has come, and I warmly congratulate the Government on bringing it forward. I hope it will also be accompanied by stronger elements of the curriculum in democratic and civic education to support these measures, and I look forward to the Government’s proposals.
Automatic voter registration is also really important. Nearly 8 million people are not correctly registered to vote in this country. No matter how we look at it, that is just wrong and needs to be addressed, so I strongly welcome that measure too. I would also like to talk about protections not just for candidates, but for hard-working council staff. I have previously led a district council, and I have seen up close not only the dedication and hard work of the staff in our council, but the risks they are exposed to in an increasingly polarised environment. It is fantastic that they have been included in this Bill as well.
These provisions are genuinely welcome, but let me be blunt: this Bill does not go far enough. The truth, as every person in this country knows, is that our democracy is experiencing a crisis of public confidence, and we need real transformation. The measures on “know your donor” are steps in the right direction. Closing the loopholes for overseas donors and preventing the influence of people such as Musk and the Russian oligarchs matter. We cannot allow foreign money to buy British democracy, but the Bill does not go far enough in this regard. We need a donations cap—a hard limit on what any individual or company can give to political parties. Right now, billionaires can write cheques that dwarf the modest contributions from ordinary working people.
Cryptocurrency has been mentioned a number of times this evening, but the Bill is silent on it. While other countries wake up to the risks of crypto and its opacity, we are leaving the door wide open for cryptocurrency to become the new dark money. We need an explicit ban on cryptocurrency donations. Donations are only part of the picture, however. We still have first past the post—a voting system so distorted that it allows Governments with 36% of the vote to govern alone for up to five years. We see millions of votes cast that elect no one, yet the Government have proposed no reforms to introduce proportional representation, a system where every vote counts equally and every community gets a representative that reflects them.
Democracy may seem more fragile than it has felt in a generation, but it is by no means dead. It is a rare thing and it must be fought for, renewed and expanded with every generation. As a Liberal Democrat, I will not stop fighting for it until we have a system that gives every elector a real voice and kicks dirty money out of our politics.
James Naish (Rushcliffe) (Lab)
There is a lot to welcome in this legislation that we are debating this evening. In my view, extending the vote to 16 and 17-year-olds is a statement of confidence in the next generation and a practical step towards a more inclusive democracy. As I have told my constituents, my support for 16 and 17-year-olds getting the vote stems less from their being determined in adult, which has been contested this evening, and more from the need to balance our political debate. With a shrinking birth rate and an ageing population, the electorate are set to become more imbalanced over the coming years, so there is a practical reason for making this change.
I also welcome the Bill’s provisions to improve voter registration and to protect candidates and electoral staff from intimidation and abuse. On voter registration, I particularly encourage Ministers to take seriously the work of the Migrant Democracy Project. I believe we should use this opportunity to extend the franchise to more adult residents, not just younger ones, given that there are 4 million people in this country who cannot vote in a general election at the moment. I also note the Bill’s intention to strengthen transparency and security around political donations. As has been discussed extensively, those are vital changes.
As many colleagues have said, there is something important missing if we genuinely want this Bill to create a fair, secure and inclusive democracy. That is, of course, the decision to not look again at the central mechanism that decides who sits in this House. Under first past the post, millions of people can do everything that is asked of them—they register, turn out and vote in good faith—but still end up without meaningful representation and a sense that their voice truly matters. It is arguably getting worse. In only the past week, many of us have been out on the doorstep at the by-election, and I spoke to many people who were actively debating how to stop a particular party and were using their vote to achieve that particular end, rather than voting for something positive and something that reflected their views and their policy aspirations. Surely we can do better than fighting elections on the basis of the best worst option, which is how so many people see it.
I want to put on the record my support for the work of the APPG for fair elections and to urge Ministers to genuinely look at the call for some form of a national commission on electoral reform, so that modern Britain genuinely considers how we can ensure that every vote counts.
I call the final Back-Bench contributor, Bell Ribeiro-Addy.
We know that to sustain a healthy democracy, we have to always look at ways to strengthen it. This Bill seeks to do just that, so I am pleased that the Government have brought it forward. By lowering the voting age to 16, we are expanding democratic participation and taking a vital step to strengthen and renew our democracy.
I have often been sceptical of those who say that young people are not interested in politics or do not understand it enough to vote. To Members of this House who suggest that, I simply ask them how often they visit schools in their constituencies. I have encountered students far younger than 16 who have shown more than a basic understanding of our political system. I regularly visit schools in my constituency and experience at first hand the political intelligence and impressive cross-examination of young people there. Last summer, I was pleased to host my first activism academy, inviting 16 to 18-year-olds to a three-day learning programme to understand what MPs do, how Parliament works, and the ways in which they can get involved. Our young people are politically engaged and understand the weight of the right they are being granted.
While I welcome the change, I am disappointed that it has not been coupled with a robust programme of civic education. While many 16 to 18-year-olds have a firm understanding of politics, without comprehensive political education, those who want more information are forced to seek it elsewhere and will likely resort to social media, which is riddled with fake news. I ask the Minister when they respond to outline what the Government have planned.
I very much welcome the provisions in the Bill that will introduce automatic voter registration, which is an important step to improve voter turnout. I would also like to see the Bill go the way of Australia, where everybody who is eligible to vote has a legal obligation to do so.
Finally, I would like to see the Bill offer more power to the electorate to recall their Members of Parliament—yes, you heard that right. I suspect this is not a suggestion that will make me popular with my colleagues, but I think we should all be more concerned about what our constituents think. At the moment, for an MP to be recalled, they must be convicted of a criminal offence that makes them eligible and they must have exhausted the appeals process. That can take years, and during that time their constituents are not getting the representation they deserve. Unlike recall procedures in other countries, the Recall of MPs Act 2015 does not allow constituents to initiate proceedings, instead relying on criminal criteria being met. Even then, a high threshold of petitioners is needed for a by-election to be triggered.
Over a number of years, MPs have been investigated for criminal offences or gross misconduct, and Members have failed to behave in a standard that is befitting of an MP. They have disgraced themselves, our profession and this House and, most importantly, they have failed their constituents. With trust in politicians at an all-time low, we need to show that we are willing to put it right. This is the Representation of the People Bill; it should seek to strengthen and improve the representation of British people by giving the electorate greater power to hold their MPs to account. The Bill is a great starting point for strengthening our democracy, and I hope the Government will not shy away from going further.
This has been a wide-ranging debate, some of which has focused on the generalities of our electoral system. Some Members may have forgotten that we had a referendum on the alternative voting system not so long ago, and the British people delivered a very clear verdict in favour of the existing system.
Let me be clear: the official Opposition will seek to work constructively with the Government, because although we recognise that the Bill contains significant deficiencies and areas of contention, we all acknowledge that our democracy is under a degree of pressure. A number of Members from across the House gave clear examples of foreign interference, for example. Our security services have presented clear evidence of its impact on political discourse in our country. On a day like today, when the Prime Minister has made a statement about events in Iran, and we acknowledge the history and the evidence of Iran’s interference in our democracy, it is particularly important that we are united in seeking to ensure the integrity of our electoral system.
Let me set out briefly the shortcomings that we will seek to address by working closely with the Government in Committee. We will do so following a period that has, to a degree, undermined voter confidence that the Government have their backs when it comes to ensuring that local authority elections go ahead. For example, I spent part of my evening in Westminster Hall, opposite the Minister for Local Government and Homelessness, the hon. Member for Birkenhead (Alison McGovern), dealing with a debate about the cancellation of elections.
The first key point relates to the Government’s inconsistent position on the age of majority. Members from across the House offered evidence on why the ages of 16 or 18 were appropriate, but the Government recently voted within their own internal party processes to determine that an officer of a Labour local association must be at least 18—a measure supported and championed by the right hon. Member for Ashton-under-Lyne (Angela Rayner). We acknowledge in that small way, and in much larger ones mentioned by Members, that there must be a degree of consistency about the process, so that—[Interruption.] Members talk about being a taxpayer. People pay taxes in this country from birth, if they have sufficient income to pay it. It is not something that happens only when they turn 16 and gain their national insurance number. We take all kinds of different decisions as we reach different ages of maturity. This Government—and indeed previous ones—have tended to err on the side of caution, given the risks that we have identified. We must ensure consistency, so that the age of majority means something in our country.
A number of Members from across the House mentioned dark money and its influence on elections. I very much acknowledge those points, particularly in relation to cryptocurrency. Those who know about electoral history will recall the famous KGB gold that funded the Communist Party of Great Britain during the cold war. We know that there needs to be an acknowledgment that the world has changed. As well as potential economic benefits, crypto offers an opportunity for undue, inappropriate and potentially unlawful influence on our democracy. The Bill currently says nothing about that risk, but we must have appropriate and robust defences in place against it.
Let me touch a little more on the issue of foreign interference more generally. A number of Members referred to the situation with Iran. We remain concerned that the Government have still not added China to the foreign influence registration scheme—FIRS—despite the fact that the Electoral Commission’s recent report described how China-linked organisations had hacked the UK electoral roll, which could have enabled them to influence our electoral processes on a large scale. We hope that amendments tabled in Committee—either by the Government or by the Opposition—will address that concern.
We remain concerned about failings in the Bill arising from a lack of consultation. When Governments have sought to change electoral law or to introduce new guidance, there has been a high level of engagement among political parties, parliamentary authorities and other stakeholders whose direct experience and international research can feed into processes that make the integrity of our electoral system greater. Clearly, this legislation has landed without that level of due consultation. In particular, the Government appear not to have consulted the Venice Commission, the international body that provides advice on electoral practice, which was certainly an organisation that we consulted on matters such as the use of electoral ID when in government. Given the importance that this Government place on international law, I would have expected that they would at least have engaged with that organisation and sought its advice before bringing some of these measures forward.
On the debate about the impact of auto-enrolment, we know from the experience in Wales, where this was piloted, that following the audits of that—the door-to-door canvassing of real voters—more than 16,000 people had to be taken off that electoral register because they had been incorrectly placed on it. Clearly, to fulfil the expectation of Members across this House, we need to ensure that we have a canvass of the voters that is accurate and that contains the names of people who are entitled to take part under our laws in our democracy, but that does not open the door to interference of any kind that would undermine the confidence that people should have.
The right hon. Member for Islington North (Jeremy Corbyn) raised the important question of how people who are homeless can have the opportunity to participate in our democracy, which also has the corollary question of how we can ensure that people are exercising their democratic vote once, and that the law contains appropriate measures to manage those risks.
Finally, on the point that the Government have made about the use of bank cards as a means of identification, we remain very concerned that there are many banks and organisations offering a no-ID account—all of us will have seen them on the local transport networks—and the ability to get a bank card without any identification requirement at all, specifically marketed at people who do not have the ability to demonstrate their connections to the UK. While that is useful in terms of the ability to pay bills and pay to access public transport, given that we place such a high value on the integrity of our electoral system, we must have appropriate measures in place to ensure that those who are voting have the right to do so.
Kevin Bonavia
Does the shadow Minister not accept that the crime of impersonation is vanishingly small in this country, so what problem is he actually trying to fix? [Interruption.]
I can hear voices challenging that, asking, “So a little bit of crime is okay?” We need to recognise a point similar to those made by Members across the Chamber about crypto. The world is changing. We have very significant and onerous duties for opening a UK bank account and proving our identity, but we live in a world where more organisations are coming to the market and saying, “We can provide you with that document, but without the need to meet any of those standards,” in exactly the same way as people are using crypto to transfer money around without the audit trail that we see with other forms of financial transactions. We need to make sure that our electoral system meets the test and that we can identify those exercising their vote in that way.
In conclusion, we have heard from across the Chamber a variety of different examples of improvements that could be made to the Bill. Some of those we as the Opposition will agree with, and some of them we will not, but I hope that Ministers will heed the calls from Members across the House, and particularly those of their own Back Benchers. I was struck by the observations and criticisms of the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) and the hon. Members for Stockport (Navendu Mishra), for Rushcliffe (James Naish) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), all of whom set out ways in which this Bill falls short of the minimum expectations that we would have for an appropriately modern and secure piece of electoral legislation. We will approach the Bill Committee in that constructive spirit, but I have to say that at the moment it certainly feels that a number of the measures are in this Bill specifically for the objective of the Government’s own electoral advantage.
I thank right hon. and hon. Members for all their contributions. The right to participate in our democracy is a defining aspect of our national identity, and one that we need to protect and uphold. The Bill marks a landmark moment in that process. I welcome the strength of feeling expressed by all Members today about the importance of upholding democratic practice, and I am grateful to have the opportunity to close the debate as the Minister with responsibility for democracy.
I will come to the points made in the debate shortly, but first I want to address the remarks made by the right hon. Member for Braintree (Sir James Cleverly) in his reasoned amendment. There is one specific point that I want to address. Opposition Members have tried to suggest that there was no proper engagement with political parties, but I do not accept that. Government officials have engaged in discussions with the political parties represented on the Electoral Commission’s parliamentary parties panel on the technical aspects of the reforms, and I am grateful for the time that party administrators have invested in these discussions. My predecessor wrote to shadow spokespeople across the House upon publication of the Government’s strategy for elections. They were invited to meet then, and the Secretary of State for Housing, Communities and Local Government and I have tried again on introduction of the Bill. The Conservatives have not taken up our offer to meet on either occasion. However, I look forward to their engagement through the Bill’s progress.
Before I address the points raised during the debate, I want to remind hon. Members what the Bill seeks to do. This is a bold move to improve democracy in the UK through extending the right to vote to 16 and 17-year-olds at all UK elections, and through expanding the list of ID acceptable at polling stations to allow as many of those who are eligible to vote to do so easily.
The Bill seeks to improve and protect our electoral systems in this modern era through improving voter registration, moving towards a more automated system that makes it easier and simpler for people who are eligible to register to vote, building a fuller and fairer democracy in the UK.
The Bill will increase participation in democracy for all, engaging young people from an earlier age. It will also protect against those who seek to cause harm and weaken our democratic system. It also delivers on other manifesto commitments to improve and protect our electoral systems by strengthening rules on political donations, and by ensuring that political imprint rules are as comprehensive as possible.
As the regulator, the Electoral Commission plays an incredibly important role in upholding public confidence in free and fair elections, which is why we are expanding its role and powers. That will ensure that enforcement provides a clear deterrent against breaking the law, while remaining proportionate.
The proposed changes to our political finance framework will safeguard against foreign interference, while ensuring that legitimate donors can continue to fund electoral campaigns. The current system provides numerous opportunities for corrupt donations and manipulation to influence our elections, whether through foreign donations through shell companies or large sum donations with origins left unchecked. That status quo cannot continue. These measures have been developed to block malicious interference and to ensure the safety of democracy.
The Bill also updates electoral conduct and registration rules, making processes smoother for those running elections, with measures being informed by the strategic review of electoral registration and conduct developed in partnership with the electoral sector. Over recent years, we have also seen growth in harassment and in the intimidation of candidates, campaigners and, as Members have said, electoral staff. That is a direct threat to our democracy. Measures in the Bill move to protect all those who participate in upholding and delivering our democracy by treating such harassment and intimidation as an aggravating factor in the sentencing of offenders, while also building on existing legislation to disqualify such offenders from standing at future elections.
Let me turn to the points raised during the debate. I thank Members from across the House who have supported the measure on votes at 16, particularly my hon. Friends the Members for Lewisham North (Vicky Foxcroft), for Bracknell (Peter Swallow), for Clapham and Brixton Hill (Bell Ribeiro-Addy), for Cumbernauld and Kirkintilloch (Katrina Murray) and for Bathgate and Linlithgow (Kirsteen Sullivan). I reassure Members that citizenship will be taken on board from key stages 1 and 2 in primary education as a result of this legislation. The curriculum assessment review that is coming in will address the issue of teachers and give them the confidence to address this enhanced curriculum.
I am not quite sure where the fears of the shadow Secretary of State come from on auto-enrolment, but I reassure Members that it is our intention to pilot these measures very carefully indeed to ensure that the robustness and integrity of our elections and our electoral register are maintained. The piloting measures that we take will be used carefully and proportionately.
Harassment and intimidation are a really serious issue. I thank my hon. Friend the Member for Bethnal Green and Stepney (Rushanara Ali), my friend and predecessor, who has endured significant harassment and intimidation. That is completely unwarranted.
It will be disappointing to some Members across the House that the voting system will not be changing as a result of this legislation. However, we take extremely seriously the issue of foreign interference, which was raised by my hon. Friend the Member for Warwick and Leamington (Matt Western), the hon. Member for Tunbridge Wells (Mike Martin) and my hon. Friends the Members for South Norfolk (Ben Goldsborough) and for Milton Keynes Central (Emily Darlington). I refer Members to the independent review being conducted by Philip Rycroft, which will report this month. It is the Government’s intention to leave space for us to respond to recommendations that come out of that review as effectively as possible. That is a really serious issue that we need to address.
Similarly, misinformation and disinformation were raised by my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders) and the hon. Member for North Herefordshire (Dr Chowns). There are already measures in the Online Safety Act that require the removal of illegal content, but this issue needs to be addressed more forcefully.
Flexible voting pilots were raised by my hon. Friend the Member for Rochester and Strood (Lauren Edwards). I draw her attention, and that of all Members, to the written ministerial statement issued today, which sets out the pilots that we look forward to seeing innovate in ways in which electors can address the vote.
I reassure my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry) that this is a crossover Bill. The Committee stage will finish towards the end of April, but further stages will cross over into the next Session of Parliament.
On the measure surrounding bank cards, which was raised by the shadow Minister, I reassure him that only UK-registered bank cards will be used. We want to do this because we accept that the vast majority of electors have them, including those of the ages of 16 and 17. Our financial system and the issuing of bank cards is one of the most robust in the country, and we will measure that.
Democracies across the world are at an inflection point. We have a vital opportunity in this Bill to strengthen our institutions and processes and to ensure that they work for the people they serve. I urge all Members to step forward and embrace this opportunity. We must all choose openness and empowerment and to work hard to bring trust back into the system. By doing so, we close our system to those who would undermine that trust, stifle debate and twist our democracy for their own ends. This Bill is the next step in the evolution of our democracy, and I commend it to the House.
Question put, That the amendment be made.
(4 weeks ago)
Public Bill Committees
The Chair
Before we begin, I remind Members to please switch electronic devices to silent. Tea and coffee are not allowed during the sittings. We will first consider the programme motion on the amendment paper, then a motion to enable the reporting of written evidence for publication, and a motion to allow the Committee to deliberate in private about questions before the oral evidence sessions. In view of the time available, I hope that we can take these matters formally—without debate. Time Witness Until no later than 10.05 am Association of Electoral Administrators; Society of Local Authority Chief Executives and Senior Managers (Solace); Local Government Association Until no later than 10.25 am Electoral Commission Until no later than 10.45 am Electoral Reform Society Until no later than 11.25 am Electoral Management Board of the Democracy and Boundary Commission Cymru; Electoral Management Board for Scotland; Scottish Assessors’ Association Until no later than 2.25 pm Electoral Office for Northern Ireland; Electoral Commission Until no later than 2.50 pm The Politics Project; Yorkshire & Humber Policy Engagement and Research Network (Y-PERN) Until no later than 3.15 pm Professor Toby James, University of East Anglia; Professor Paul Bernal, University of East Anglia Until no later than 3.55 pm Democracy Volunteers; Councillor Peter Golds, Tower Hamlets Council; Richard Mawrey KC Until no later than 4.10 pm Henry Jackson Society Until no later than 4.40 pm Conservatives Abroad; Labour International; Liberal Democrats Abroad Until no later than 5.05 pm Full Fact; Demos Until no later than 5.35 pm Transparency International (UK); Dr Sam Power, School of Sociology, Politics and International Studies, University of Bristol; Spotlight on Corruption Until no later than 5.55 pm Ministry of Housing, Communities and Local Government
Ordered,
That—
1. the Committee shall (in addition to its first meeting at 9.25 am on Wednesday 18 March) meet—
(a) at 2.00 pm on Wednesday 18 March;
(b) at 11.30 am and 2.00 pm on Thursday 19 March;
(c) at 9.25 am and 2.00 pm on Tuesday 24 March;
(d) at 11.30 am and 2.00 pm on Thursday 26 March;
(e) at 9.25 am and 2.00 pm on Tuesday 14 April;
(f) at 11.30 am and 2.00 pm on Thursday 16 April;
(g) at 9.25 am and 2.00 pm on Tuesday 21 April;
(h) at 11.30 am and 2.00 pm on Thursday 23 April;
2. the Committee shall hear oral evidence on Wednesday 18 March in accordance with the following Table:
3. proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 19; Schedule 2; Clauses 20 to 48; Schedule 3; Clauses 49 to 52; Schedule 4; Clause 53; Schedule 5; Clauses 54 and 55; Schedule 6; Clause 56; Schedule 7; Clauses 57 and 58; Schedule 8; Clauses 59 to 62; Schedule 9; Clauses 63 to 65; Schedule 10; Clause 66; Schedule 11; Clauses 67 to 74; new Clauses; new Schedules; Clauses 75 to 81; remaining proceedings on the Bill;
4. the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Thursday 23 April.—(Samantha Dixon.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Samantha Dixon.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(Samantha Dixon.)
The Chair
Before we start, do any Members wish to declare any interests in connection with the Bill?
Lisa Smart (Hazel Grove) (LD)
I know some of the witnesses through non-parliamentary activity. When they sit down, I will explain to the Committee my connection to them.
I declare that I am an unpaid parliamentary vice-president of the Local Government Association, which has supplied one of the witnesses for this panel.
In the interests of transparency, I have met various witnesses in other settings in my official capacity as shadow Minister.
The Chair
We now hear oral evidence from the Association of Electoral Administrators, the Society of Local Authority Chief Executives and Senior Managers, and the Local Government Association. As I have said, we must stick to the timings in the programme order that the Committee has agreed. For this session, we have until 10.05 am. As I have indicated, Ms Yule is on her way and will join us as soon as she is here, but we are very pleased that Councillor Bentley and Mr Stanyon have been able to join us at this point. Would you both please introduce yourselves? I will then open the meeting to questions from the Committee.
Councillor Bentley: I am Councillor Kevin Bentley. I am the senior vice-chairman of the Local Government Association.
Peter Stanyon: I am Peter Stanyon, the chief executive of the Association of Electoral Administrators.
Q
My first question is a very broad one for both of you. Have the Government given you enough time to prepare for the changes proposed in the legislation? Secondly, the Government propose bringing in automatic registration. Can you outline some of the challenges or problems that might result from that? Thirdly—to get my questions out of the way—there are proposals to allow, for example, bank cards and non-photographic identification as voter ID at the polling station. As the chief executive of the Association of Electoral Administrators, do you have a concern about that? Do you perceive that the secure ballot process could be harmed as a result of those changes?
Peter Stanyon: I shall take those in order. There is never enough time to introduce significant change, albeit that the very fact we are into the parliamentary process now is really important so we can look towards getting the Act in place. It is clear that, in lots of places, the Bill is setting a framework for what will come, and we are pleased that the officials who we are working with are already working on the secondary legislation to go alongside it. The devil is very much in the detail when it comes to how that will be delivered. Much depends on how we can deliver the policy intent behind the Bill, so that the polling stations and administrators can deliver it in time.
I think that the significant change will be noted. Friction is the wrong word, but there may be some clunkiness in certain areas where we are not quite clear where we are going with the overall detail at this stage. That is being worked up. We would always echo—we are pleased to hear the Government echo it as well—the Gould principle of trying to make any legislative changes six months ahead of any major poll. If we can get that to nine months or 12 months, it will make registration even easier.
We do have some concerns about the timescales around the introduction of voting for 16 and 17-year-olds. Those timescales do not mirror what happened in Scotland and Wales, where, in broadbrush terms, there was a year’s lead-in for 16 and 17-year-olds being able to vote at elections. In this Bill, it becomes almost automatic, and that could mean that the preparatory time for getting everybody on that we want to is not there in quite the same way as it was for Scotland and Wales. We hope that that can be looked at, so we get it in a more measured way and do not miss individuals out simply because of the timetable—although we fully appreciate the reasons why.
On automatic voter registration, we have looked at what happened in the pilots in Wales. There is some learning, but it is a very broad area at this stage. What are the data sources that we are looking at? What is the process to be followed? How does that interrelate with the current individual electoral registration system? A lot of communication will be needed to understand these parts of the principles.
Interestingly, one of the things that came out of the pilots in Wales was the lack of understanding of the need to be involved in the electoral process. It becomes a much wider communication process about, “These are the benefits of doing so.” We cannot solve all problems with the introduction of that sort of system; there are a lot of things needed alongside that. I do not know if Councillor Bentley wants to come in before I come on to the voter ID pilot.
Councillor Bentley: I am happy for you to continue, and then I can answer all three questions.
Q
Peter Stanyon: We have severe reservations about bank cards being added to the available lists. The simple reason is that when voter ID came in in the first place, it set the bar by being very clear that photographic ID is required in polling stations. We are unsure about what can come through, because our understanding at this stage—again, this will become clear as the secondary legislation rolls through—is that it will not be a full name on a bank card. For example, it can be an initial. How can you guarantee that it is the right person before you? If you have a photograph—regardless of whether that is the right or wrong policy—at the end of the day you have something to hang that on going forward.
The other challenge is the range of bank cards that are available. What is a bank card? We all know the major institutions, but there are lots more out there now. That adds a degree of confusion for the staff in polling stations. There could be a tension there, which we see already. Someone might bring in their passport, for example, and the staff do not deem that to be of a satisfactory level. Then they produce a bank card, and it is accepted. There is a counterintuitive nature to that side of things, so we do have significant concerns with regard to that part of the system.
We may be opening up the ID possibilities for 16 and 17-year-olds, but we would much rather see us take more of a digital ID-type approach—for example, by having a digital VAC, or voter authority certificate. Most of the time, I bank using my phone rather than my bank cards. Will it have the effect that we are looking for? We have significant concerns about adding additional confusion, despite the fact that we understand the reasons why the policy was put forward in the first place.
Q
Councillor Bentley: I do agree with that. Of course, bank cards can be cloned and other people can get hold of them. There is no photographic evidence, as we know, and I agree with everything my colleague has just said about that. Another element that we have not considered is: if someone should use a bank card fraudulently to vote, whose fault is that? Let me be clear that there should be no blame whatsoever on polling staff, should that take place. If this goes ahead, that needs to be made very clear.
Anyone can obtain a bank card. You can have “K Bentley”, “Kevin Bentley” or “Kevin Paul Bentley” on those bank cards. For all I know, there may be other Kevin Paul Bentleys—there probably are—and they could use those cards. You have heard why I think that is not a great system. With voter ID, you need photographic evidence to be able to prove someone’s identity, and people can register via their local authorities.
May I tackle some of the other questions as well? I think you have heard a very good answer about there being enough time. There is a cost element to it as well, and, being from the LGA, you would expect me to say that any extra burden put on local government should be funded properly. We require extra staff to be able to do that, and the extra responsibility for 16-year-olds adds extra pressure to staff—that is not a comment on whether 16-year-olds should vote, but staff would need to be brought in to do that above and beyond their normal duties to run elections, so it needs to be thought about.
On automatic registration, all I would say, and this is just an observation, is that in this country we have the right not to vote, and therefore we need to be very careful about people being put on there automatically. I think that needs to be tested with the public more; we need the public’s opinion on whether they want to be registered automatically. That is a comment, rather than me saying whether we are for or against it, but we need to ask the public what they think about it further.
Q
“bank cards that are issued subject to a search of a consumer’s credit file conducted in the way set out in the amendment”
could be used as voter ID, as we do with loans and the like. We understand that it is not a brilliant amendment, because we do not believe that that part of the legislation should be included at all, but do you think that having a bank card with a hard credit check would make any difference to the process, or—this is probably for you, Mr Stanyon—would it be better if that was not included in the legislation?
Peter Stanyon: I think the latter in terms of the uncertainty. The difficulty in putting that in place is that the individuals dealing with this at the polling stations are effectively volunteers. We already have a list of 23 versions of voter ID available, and it is quite a complicated process. Ultimately, if a bank card is presented and it is to the standard that the staff have been trained to receive, they will accept it, so the hard credit check thing will be more for the central control of the election than it would be for the staff at the station.
Councillor Bentley: I agree. I think that it is difficult to have that included, but I would re-emphasise that if it is, you must be very clear that it is not local government staff who will be at fault if someone commits an offence.
Q
Peter Stanyon: The first thing to say is that, as an association, we are pleased that the vast majority of the Bill echoes what we put in our blueprint following the last general election; there were lots of issues with the actual mechanics of the election. There are the more high-profile things such as votes at 16 or automatic registration, but if you ask an administrator, we are more concerned about the mechanics of delivering the election.
It is accepted that the timetable will not extend beyond 25 days, and there are lots of reasons for that. However, we feel that the moves to alter the deadlines for nominations to be received and to move the deadline for the receipt of postal vote applications go a long way to providing that wiggle room within the elections timetable. That will allow administrators to work with their suppliers to get postal votes out and to ensure that there are no issues on that side of the process.
There are lots of things in the Bill regarding the status of the returning officer in the local authority, and we echo the view that it should be a senior officer of the local authority. How that will be policed is another matter, but it gives the local authority the ability to assist the returning officer, because they will have that punching power within the local authority itself.
There are also lots of things about the postal vote replacements that were learned at the last general election. We are very reliant on third parties; once a postal vote leaves the control of the returning officer, Royal Mail will do all it can to deliver that, but there will be breakdowns in the system. The fact that the Bill gives the ability to put the elector back first in those situations is really important, because it is not their fault if they have not been able to receive a postal vote.
There are lots of really good bits in the Bill. The only areas where we have concerns relate to things I have mentioned already: bank cards, some things around the nominations process and the identity checks being proposed, and the lead-in time for the 16 and 17-year-olds. Those are the three big areas that we have concerns about. The rest of it makes absolute sense in terms of the mechanics of delivering the election and should address some of the issues that were quite high profile at the last general election.
Councillor Bentley: Anything that encourages people and makes voting easier has to be welcomed. That is very important.
I will pull out two things in addition to what my colleague said. One thing that we are learning about now —it has started to happen for the first time—is re-registering for a postal vote. That needs to be much better co-ordinated and to have much better communications. We are seeing already people who have not re-registered because they did not realise that they needed to. It depends on the local authority and how and when they communicate, but more of a national campaign would be helpful in all that.
The other piece is around harassment during elections. It is a specific part of the Bill, but I think it is very important. While freedom of speech is very important in our country, freedom to harass certainly is not. That needs to be emphasised to people. What is being proposed is right, but we need to emphasise that more. People should be encouraged to stand for public, elected office, but we hear anecdotally that many are put off by the harassment they receive on social media and so on. Freedom of speech is very important; freedom to harass certainly is not. I would like to really see that emphasised within the Bill. [Interruption.]
The Chair
Q
Emily Yule: Yes. Thank you, and apologies; transport got the better of me this morning. I am Emily Yule and I am representing Solace, which is a membership organisation representing returning officers and senior officers within local authorities.
Q
Emily Yule: There are a number of things that we are really pleased to see within the Bill, particularly the extension of protections around abuse and intimidation to returning officers and their staff. That is an increasing area of concern; we are having more and more reports of that kind of behaviour at quite significant levels.
The Chair
Mr Holmes, did you want to ask Ms Yule anything? I will then come to Ms Smart.
Q
Welcome, Ms Yule. The other witnesses would argue that the Government’s intention is to make voting easier and extend the franchise. I put to you the question I asked them earlier: do you consider that local authorities and chief executives have been consulted enough at this stage—notwithstanding the fact that the Bill has to go through its passage—about the proposals in the legislation? Are there burdens that you are not quite sure you can meet yet on behalf of your members?
Emily Yule: On behalf of Solace, I have been involved in lots of conversations around the development of the strategy and the Bill. We have really appreciated that collaboration and that ability to influence the design of the provisions. I always say that the devil is in the detail, so implementation is going to be really important. Chief executives, returning officers and electoral registration officers need to have a clear understanding of the timelines for implementation and the guidance, so that we can ensure consistent application of those new provisions.
In my view, consistency is what builds credibility and trust in the democratic process. At the moment, I do not think that there is huge concern among the sector that any of the items are undeliverable, but we would, of course, always ask for resourcing to be considered and any new burdens funded to put those implementation plans in place.
Lisa Smart
Q
I have two strands of questioning; one is around timing. The Bill proposes some changes around postal votes and bringing forward the dates for postal votes. We have seen too many people miss out on their opportunity to vote because of some of the issues relating to Royal Mail that you talked about, Mr Stanyon. That is particularly acute with those living overseas for a time, whether they are serving in the armed forces or otherwise.
We all welcome the bringing forward of the dates, but can you say a little more about how many of those issues will be addressed by changing the dates for postal votes? Are there other measures—for example, allowing people to print their own ballot papers or to submit their vote at overseas embassies or consulates—that you would see as useful in enabling more people to vote?
Peter Stanyon: In terms of the practicalities of the proposed time changes, the best evidence I can give is from the last general election—the parliamentary election a couple of years ago—when you saw significant spikes in applications towards the end of the period. The date is currently 11 working days before the poll; it is proposed to move that to 14. That has meant that there is a big pinch point—not just for the electoral registration officer, who has to process the applications, but because the Elections Act has brought in additional identity checks that now need to be done for postal voters.
Currently, there is almost a perfect storm 12 and 11 days before the election with registration applications and applications for postal votes. Moving that deadline slightly further back allows the same work to be done—checking identities and physically getting the data to the printers—so that the packs can be produced and got out three days earlier than they can now. That will not go every step of the way to solving the overseas issue, because you are still talking about 12 or 11 days for ballots to go out and back; you are relying not just on Royal Mail but on overseas postal services as well. To answer the first question, this is a positive step, but it must be seen in that light—it is moving in the right direction, but it will not solve every issue that has been identified.
As far as overseas electors are concerned, this has been an age-old issue. I was thinking the other day that I have been in the industry for over 40 years—that is scary—and I have seen significant change in that time. Overseas electors have always been an issue because you are physically getting the ballot paper to them and back. It is an area that can be investigated, but we need to be careful about it. Could you have things such as printing your own ballot papers? Could you have an overseas electors constituency, which would make things slightly different? Could you have online voting, for example? I am not proposing any of those. It is an area that needs to be really thought through: what is beneficial to the elector or the voter, but also what is suitable for the system we are trying to maintain?
At the moment, the system is very paper-based and secure, but we already know it has those issues. This is not a new thing; it is just that there are far more postal voters than there used to be. The issue has been here for the whole of my career.
Councillor Bentley: All I would add to that is timetabling and making sure there is enough time for local authorities to do the printing. I am reminded that the cancellation of a whole slew of elections was proposed and then suddenly they were not, and everyone is on catch-up to make sure it all happens. They will do it, because we have brilliant staff in local government, but it is not always about them—it is about the suppliers for the printing, the paper and all the rest of it.
Provided that time is built in to make that happen, then this is a good thing. Anything that makes it easier for people to vote and participate in elections has to be a good thing. Postal voting is increasing, but we must build in the correct timetable so that authorities can get the printing done.
Lisa Smart
Q
From my experience of being involved in elections, there is sometimes a lack of clarity on who to go to with problems—is it the RO or the police? Is there a uniformity in how the law is enforced? Different police forces have different experiences or resourcing levels when it comes to pursuing somebody breaking election law. Can you talk about how you see the Bill addressing any of those issues or about areas where you think it could have gone further or been clearer?
Emily Yule: Some of that is already being addressed in practical terms. There has been a lot of joint working between the Ministry of Housing, Communities and Local Government, the police and local returning officers to make sure that those contacts within police forces are very visible, and that you know how to get in touch and report issues.
Our members still experience a disparity in the level of engagement in different force areas, but we see a commitment coming forward to try to balance that out. There is a critical part around communication with candidates, agents and others involved in the electoral process, so that they really understand. There is a guidance element about when it is a returning officer issue, when it is a police issue and when it is an Electoral Commission issue. The Bill has an opportunity to consolidate that good practice, but it is emerging and we have started to see it coming through in recent elections. As the specific, dedicated officers within police forces build up knowledge of electoral process, offences and issues, that will only increase.
Councillor Bentley: I pointed out the issue of harassment in my first answer, by which I meant harassment of both candidates and officers. Clarity of the law is very important, as is people understanding what is an offence. It is important for the police to have that clarity as well. You do not have police officers here, at least not in this session, but they have a difficult job in working out what is just a disagreement and what is harassment. That happens in elections.
We must not forget that a lot of this will take place and has taken place on social media. We need to make sure that the law is very clear. I am in favour of the harassment bit being in the Bill—it needs to be highlighted. However, we need greater clarity about what is an offence and what is not.
Q
Secondly, new clause 37 is about the provision and use of election materials in non-UK languages. We heard a great deal about that in the recent Gorton and Denton by-election, when cross-party concern was expressed. What should the Bill say? Should that new clause be part of it? Do you have an alternative body of evidence suggesting that a different approach is required?
Councillor Bentley: I would put in a plea for village halls, because they are vastly used and other organisations cannot use them for that entire day. If you are going to make changes to the electoral system, there needs to be clarity around that in advance. We do not want knee-jerk reactions so that suddenly all plans are off, then on, then off, then on again. We cannot have that. We need to be clear if elections are going to change.
We are going through a great period of local government reorganisation, which may happen on other occasions. We need early indications so that we can prepare properly—not only the people organising the elections and the candidates, but people who may think that they can use their village hall or school and suddenly cannot. We need to have clarity in advance. It cannot be left to the last minute.
On languages, from an LGA point of view all I would say is that it is important that everyone entitled to vote has the ability to understand what is actually happening. I think that is a fair way of putting it.
Peter Stanyon: I echo the comments on timing. The word I often use around elections is “certainty”. For scheduled polls, you usually plan six months in advance. In reality, I think a lot of the authorities carried on during the on-off period when the local government polls were rescheduled recently. Parliamentary elections have six or eight weeks’ notice; you are doing six months’ work in eight weeks. It puts on pressure. Going back to the earlier point on the timing of postal votes, for example, anything that gives two or three days in a timetable is a huge benefit—not just for administrators, but for the suppliers who deliver those things.
Going back to the earlier point on harassment, intimidation, translation into different languages and things like that, there needs to be a wider understanding of what elections are all about. We are living in a modern age, but elections are very much based on paper and pencil. They are trusted, in the main, but at the end of the day it is about making clear what the electoral process actually is. Some of the feedback we received about recent by-elections was simply about a misunderstanding of what the process is. There is an obligation on returning officers, the Electoral Commission and local authorities to do what they can to explain it, but there is also an obligation on candidates and parties to understand the changes coming in.
We almost need a reset, to say, “What is the best way of engaging with voters to give them what they need?” I am sure Emily will echo this point, but the one thing that an RO will not want to get dragged into is any debate about whether something is crossing a line that they do not have control over. There are very, very strict boundaries at the moment. I will not say it is a safe place for returning officers to be, but it means we have the certainty to say, “That is a police matter,” or “That is a commission matter,” or “That may be a planning control matter,” for example. It is about taking a step back and learning about how we deliver elections, and that goes right from young people all the way through the system. It is also about having a reset, to say, “Where are we now?” because there is lots of misinformation flying around from various sources.
Emily Yule: I echo Mr Stanyon’s points about the different sources of information. The Electoral Commission and the returning officer must be the trusted source of information for the democratic process for electors. We would, of course, welcome any provisions that improve accessibility and engagement, but it has to be within those boundaries of trusted and credible information.
In terms of changes in electoral law, we always seek a six-month implementation window. Any change to this system will bring an element of risk, but our very skilled administrators and leaders across elections know how to deal with change and address it, and they will deliver safe elections. But having a six-month lead-in provides that security. I will repeat a comment that Solace often makes on behalf of its members: we would ask for indemnity for returning officers when any changes are brought in very close to an election, which may result in issues that are not any fault of the returning officer.
The Chair
Ms Chowns, we only have three minutes left, so I may not be able to come to others. Please be brief.
Dr Ellie Chowns (North Herefordshire) (Green)
Q
Peter Stanyon: Within the bounds of making sure the system is trusted, which goes back to the points that Emily made. Yes, it should be as easy as possible, but that cannot be at the cost of the integrity of the system.
Dr Chowns
Q
Councillor Bentley: Yes, it does, but don’t forget that we have the right not to vote in this country. I make the same point again: we should test that with the public. It is their information we are talking about, and we should test that with them. It does make it easier, yes, but I think it is a question for the public to be consulted on.
Dr Chowns
Q
Councillor Bentley: It is not, but you are automatically taking their data, and I think you need to ask permission for that.
Dr Chowns
Q
Councillor Bentley: Perhaps I should answer that first. It should be no problem to prove who you are—if you want to vote and take part in the democratic process, why shouldn’t you? I happen to vote by post, but if I did not, I constantly carry a driving licence, or I could find my passport. If you do not have either of those, what should you have? You can apply for a voter authority certificate from your local authority. I do not see harm in doing that, and I think it keeps everyone safe when they go to the ballot station and makes sure that the person voting is the person entitled to vote.
Dr Chowns
Q
Peter Stanyon: Yes, but I think the system in place has been developed to allow voter authority certificates and the like to be there to provide a safety net for those individuals. This is a difficult one for me to answer, because it comes into a policy area and involves personal views. The crucial bit from an administrative perspective is that whatever system is there for voter ID provision has to be smooth for the voter, and that could definitely be improved with the introduction of digital ID, for example.
The Chair
Order. That brings us to the end of the time allotted for the Committee to ask questions of these witnesses. On behalf of the Committee, I thank the witnesses for their evidence and for their efforts in getting here this morning.
Examination of Witness
Vijay Rangarajan gave evidence.
The Chair
We will now hear oral evidence from the Electoral Commission. Again, we must stick to the timings in the sittings motion that the Committee has agreed. For this session, we have until 10.25 am. If anyone wants to ask our witness a question, it would be helpful if they indicated that early, because then I am more likely to be able to come to you and keep things moving. Could the witness identify himself for the Committee?
Vijay Rangarajan: Thank you, Chair. I am Vijay Rangarajan, chief executive of the Electoral Commission.
Q
What is your view, as far as you are able to give it, on the fact that the Government have gone forward with landmark and quite detailed legislation, but at the same time have asked Philip Rycroft to conduct a review of campaign finance and foreign interference, which bears no resemblance to what the Government are proposing during this legislative process? Have you made representations to the Government that this legislation should be paused until we have the conclusions of Dr Rycroft’s review?
Vijay Rangarajan: Thank you for the question. No, we do not think the legislation should be paused, partly because of the timing issues that you covered with the previous witnesses. Unless this legislation goes through fairly swiftly, there is little chance of the crucial changes it makes being in place in time for the next general election or beyond.
There are a number of really quite urgent changes, particularly in the political finance area. We have been making recommendations since, I think, 2013 to tighten up on unincorporated associations, for example, and to look at the company donation provisions and at “know your donor” checks. We really welcome the fact that they are in the Bill, and we would like to go further in some areas. However, for those provisions to be in place—this is probably the tightest of the timing issues for the Bill—there will need to be the primary legislation, then secondary legislation, then guidance and then, crucially, quite a period of training and guidance for parties themselves so that they are able to get their systems in place and implement this in the financial year of a general election. That is a lot of steps to go through, so we would like to see this done fairly soon to alleviate, quite rightly, what the AEA and others just said on timing.
We also really welcome the Rycroft review. It looks as if it is going further than just finance. It may make changes; I think the Government have said that they will take that on board in the Bill. It is very helpful to have a look at the broader issues of foreign interference—for example, through online media and many other areas than just money. We see a whole range of threats, which the Committee may want to get into further.
Q
Could you give us your thoughts, if you have any, on the idea of a digital repository and whether there would be a role for the Electoral Commission, as the regulator, in ensuring that that information is passed on and the provisions are enforced?
Vijay Rangarajan: I think that the digital imprints parts of the Bill are very helpful indeed. We would also like to add the party—saying on the digital imprint which party had actually financed that area.
The transparency of the digital imprints regime has really helped. We run an imprints portal, and we had a lot of references to it, all of which were sorted out at the time. That was mostly small parties or candidates who just had not followed the guidance and not done what was required. I know that that comes as a real annoyance for other candidates and larger parties as well, but fast action through the imprints portal was actually more effective than a longer-running investigation or using criminal sanctions.
We also think that having some kind of a repository, for both imprints and a lot of wider digital material—for example, political advertising—is a real help for voters to see what is being said across the political spectrum. We are seeing a segmentation of elements of the political debate into closed online groups, and that can be quite corrosive of trust.
You will have noticed some scepticism from the previous panel—I do not think it is ungenerous to say that—about the proposals for using bank cards as a form of identification. In your role, do you have concerns about the Government’s proposals to water down photo voter ID?
Vijay Rangarajan: We are also concerned about the bank cards proposal; that is largely for the administrative reasons the previous witnesses set out, so I will not repeat those. We do see growing public support for voter ID—73% of the British public are now in favour of it, up from 65% in 2024—and the way we have implemented it has broadly worked. About 0.1% of people in Great Britain were unable to vote, because of voter ID, and it definitely put off some voters, so there is a slight cost to this. However, in Northern Ireland, after 25 years of voter ID, it has become part of the fabric of how people vote.
Rather than continually changing the system, it would be helpful to allow a broad range of voter IDs—which should probably stay with the existing security standard to maintain public trust—and give some stability to the system. In time, people will get used to it; we are already well above 90% of people knowing that they have to bring voter ID. Again, before this May’s elections, and before every election, we will run, in areas where voter ID is needed, a campaign to remind people to bring voter ID.
Q
Vijay Rangarajan: Thank you, Minister. Broadly, we very much welcome the Bill. If I might go into a little detail about which areas, it picks up some of the crucial changes after the 2024 general election. For example, the change from 11 days to 14 days on postal voting will make a real difference, particularly in Scotland. We saw real issues about that in our post-poll report; I will not run through all of those, but the changes in the strategic review part are very important.
As I said, we very much welcome the changes on campaign finance. We would like to see that go further in the company donations area; our proposal is to use profit, not turnover, as the metric for what a company should be able to donate, and it should be able to donate that profit only once every year.
We strongly welcome the provisions on automatic voter registration, because up to 8 million eligible British voters are not on the register. That is even more important with the other part of the Bill—votes at 16—coming in. Being able to add attainers at 14 and 15, and then letting 16 and 17-year-olds be on the register, will remove a very clear barrier. Last week, we had “Welcome to Your Vote Week”, and that issue was raised quite broadly by youth organisations as yet another barrier for 16-year-olds. We also strongly welcome the elements on candidate safety, and they should all help.
Overall, it is a very strong welcome: the Bill is necessary, and it picks up some long-standing recommendations, as I have said. We also warmly welcome the Secretary of State’s commitment to repeal the SPS—the strategy and policy statement—for exactly the reasons you have mentioned. The Bill will never completely fix everything. I think this will be the 27th Representation of the People Act, so there is a never-ending process of trying to keep this going. A lot of work needs to be done outside the Bill—for example, with the police or on social media—but it will distinctly help with many of the processes involved.
Lisa Smart
Q
The Electoral Commission’s press release in response to the publication of the Bill said—I cannot remember the exact phrasing—that the Bill was welcome but that it did not go quite far enough, and that the commission would like to see more measures to tackle issues with where we are in our democracy. Trust in politics is at a very low level, and trust in our democracy is an important element in our democracy remaining legitimate and in our having the trust and faith of the electorate. What more would you like to see the Bill do to rebuild trust in politics?
Vijay Rangarajan: There are a couple of areas where we would like to see further work. I have already mentioned company donations—that is crucial. To be clear, our polling shows that while trust in politics in general is quite low, trust in the electoral system is very high, as two of your previous witnesses said. That is important.
We would like the “know your donor” provisions to be strengthened. At the moment, to pass them, a political party accepting a donation would need to produce a risk assessment, but it would be good if that had to be public, sent to us or used in such a way that others could judge whether there was a reasonable risk of a party accepting impermissible donations. We know that that is one of the areas the public have least faith in: somewhere between 14% and 17% of the public think the political finance system works for them.
The second area is automatic registration, where it is less about the change in the Bill and more about implementing it before the next general election. Most countries have systems like this, and they work well. We know the data sources quite well. We recently evaluated four pilots in Welsh local authorities, and showed that they were very successful at boosting not only the completeness of the register but, crucially, the accuracy. There is not a tension between completeness and accuracy when you are using good data sources. We can now do that.
Another area to flag is overseas voters, which I think your previous witnesses mentioned. In many cases around the world, we think they have a hard deal in actually being able to vote. We would like to see further work to help them.
Finally, if the Committee does not mind, I will just ride my hobby horse. This will be the 27th Representation of the People Act, and some consolidation and simplification of electoral law is necessary, not least for electoral administrators, parties and candidates. We would very much like to see a broad-ranging, cross-party and Government commitment to do some consolidation over the next few years.
Sojan Joseph (Ashford) (Lab)
Q
Vijay Rangarajan: We think that it is a very useful change but that it does not go far enough. We see a range of threats—I must admit that this is drawn from our experience of looking at other elections in other countries and working with partner electoral commissions —and that includes online. In the financial space, there is a distinct attempt by people to channel money into other people’s politics. It would be perfectly possible, even with the provisions you mentioned, for people in other countries, or impermissible donors in general, to channel money through a company, even if it had that linkage. That is why some kind of a cap on how much a company can donate, based on profit, coupled with the other tests the Government have in the Bill—for example, on persons of significant control—would be really helpful.
That will not completely eliminate the risk, and we look forward to what Philip Rycroft says about any other measures that may be needed, but we think it will help not only to reassure parties that they are at lower risk of accepting impermissible donations, which is a criminal act, but to reassure voters that the system is being kept under close review.
Lewis Cocking (Broxbourne) (Con)
Q
Vijay Rangarajan: You are absolutely right. One of the risks we have with automatic voter registration across the UK is a significant divergence of systems. The Welsh Government have already carried out successful pilots and done a lot of work on this. As I understand it, they intend to proceed with automatic voter registration in Wales relatively soon—over the next year or so. The Scottish Government are also beginning to think about it.
Obviously, the provisions are here in the Bill, but there is quite a long timescale for them. It is possible that we will end up with several different systems of automatic voter registration, and that they will act at different times. That would have real problems, and it does not feel to us like a good use of money. It would also be very complex indeed for an electoral registration officer to try to handle different registration systems in one area for different elections. Take, for example, a Welsh officer dealing with automatic voter registration for Welsh elections but not for UK-wide ones. We would welcome some rapid work to establish a UK-wide system of automatic voter registration soon.
Lewis Cocking
Q
Vijay Rangarajan: Yes; there should be some uniformity of registration across the UK and for other elections, or else a voter will be automatically registered for one election and have to manually register for another, which is a recipe for confusion and some nugatory work on their part. We would therefore like to see this in place soon. That does not mean that every voter will be on the register; they have the perfect right to refuse to be on it, and there are systems in place for that.
In some countries, officers will write to a voter, mostly to check the address is correct and to ensure accuracy. If a voter says, “I don’t want to be registered,” or, “I have good reasons”—say, domestic violence reasons—“for not wanting to be on the open register,” they can make that clear. So there are a number of checks built into this; it is not quite as simple as everyone automatically being on the register. This would remove a major barrier to eligible voters being able to exercise their democratic rights.
Lloyd Hatton (South Dorset) (Lab)
Q
I have a slight concern that that might leave the door ajar to the likes of Elon Musk making a donation to a British political party legitimately via a UK subsidiary company, for example. In the light of that, the Committee on Standards in Public Life suggested that the limit on donations from companies should be tied to their profit rather than their revenue. Which of the two would be a more effective way to stop the international financing of our political parties and democratic process?
Vijay Rangarajan: As I said, I think that profit drawn from the last couple of years of public accounts would be a better metric. It would very much help, because it would show that the company had generated enough taxable profit in the UK to be able to make a political donation. It would also give parties themselves more certainty that the money they are accepting is clearly permissible and above board. Again, it is quite easy to explain to people why that is the case.
As I said, some of the administration of this will need significant time to train party treasurers and all the associations in how to implement it, but we think that using profit as a metric would help.
The Chair
Order. I am afraid we have reached the end of this panel. To be clear, I did not set the timings. We thank the witness for his evidence. We have to move on to our next witness.
Examination of Witness
Dr Jess Garland gave evidence.
The Chair
Q
Dr Garland: Good morning. I am Jess Garland, director of policy and research at the Electoral Reform Society.
Q
Dr Garland, you identified in your evidence that you are in favour of relaxing voter ID from requiring photographic identification, and you cited a Cabinet Office report, “Securing the ballot”, which suggested including bank cards, signatures and date of birth checks. Could you elaborate on what, in your opinion, date of birth checks would look like for a person volunteering at a polling station? Could you explain to the Committee why you do not think that going from photographic ID to bank cards would relax security around someone being able to vote?
Dr Garland: Taking that first question, I think it is important that we go back to the origins of the policy. The report said clearly that we need to have something that is proportionate, which is where I think we need to start. What is the problem that we are trying to solve? I worry that we have moved very quickly to a very, very tight scheme that does not give voters other options. For instance, none of the currently accepted IDs are the sort of thing that people ordinarily carry, except for the over-60s bus pass. Most people are not carrying their passport around, so we have this problem of disenfranchising not just those who do not have access to those IDs, but also people who might have forgotten them on the day. That is why I think the suggestion of including bank cards has a lot of value, and digital ID is the same—the sort of thing you might have on your phone, as we heard earlier.
Under the scheme, we do not have any option for people in the polling station, which sets the current policy even further away from some of the strictest voter ID schemes around the world. We have a very strict scheme with very few options for voters, yet we see in the evidence that it has not really made any difference to claims of personation, which remain the same as before the scheme was introduced, and it is inconclusive as to whether it has enabled people to identify personation happening. I worry that we have walked into a position where the cure is something of a curse. We have seen many more people disenfranchised by the limitations of the scheme than have ever had their vote stolen through personation. You used the word “relaxing”, and I think it is rebalancing—it is bringing it back into proportion with the risk of personation that might exist.
Q
Dr Garland: I think we would need to know what exactly is happening. We have to be very clear on what we think the problem is in the first place, and of course we know where personation has been a problem. In Northern Ireland, for instance, many, many people were turning up to find that someone else had cast their vote. We do not have that evidence base across the whole UK.
There is no evidence in the first place of widespread personation, so we need to think about the impact of the scheme, and that impact has been at least 42,000 people losing their vote. I urge people to think about what it must feel like for a voter who has turned up to cast their vote in our democracy and been turned away, despite being eligible to vote. I think that is incredibly damaging for our democracy, and I urge the Committee to think about the wider picture on voter ID.
Q
Dr Garland: Three sets of elections have used voter ID. If we add up the voters who were turned away and failed to return with ID across the three sets of elections where we had voter ID—that includes two local and one general election—that is where the 42,000 comes from. It is Electoral Commission data on people who have got to the polling station and been registered, but then registered as not returning. Another percentage of voters just did not turn out in the first place, because of voter ID.
Q
Dr Garland: No. It was 16,000 at the general election—although I would say that even one voter is one too many.
I agree, but that is 0.1% of the total electorate. Briefly, Chair, may I ask about bank cards?
Q
Dr Garland: I go back to my point about needing something that people carry on them, which has their name on it and provides the base level of knowing who that person is, as the policy initially set out. We could achieve that in a number of ways. In the voter ID pilots poll cards were used, and those pilots with poll cards as an option saw the fewest number of people turned away, so we know that those more accessible forms of ID are going to be better for the scheme altogether.
For most people, however, bank cards have really good coverage. We also have to think about what newly enfranchised 16 and 17-year-olds will be able to access. That is part of the whole question of what we should be looking at—what will cause the least damage when it comes to people turning up to vote?
Q
Dr Garland: Many of the changes feel to me that they have been a long time coming: we heard from the Electoral Commission, which made a lot of these recommendations, about tightening political finance many years ago. There have been the large gaps in the completeness of our electoral register since at least 2011, and the Electoral Commission’s feasibility study was back in 2019. A lot of the changes are therefore catching up, rather than keeping pace.
One area where it is challenging to keep pace is in the digital sphere and online campaigning, but also in political finance. The Bill currently does not address cryptocurrency, which is a fast-changing area, so there are certainly areas where it is difficult to keep pace. “Keeping pace” is an important way to think about it, because of course in a democracy, unless we are moving forwards, we are necessarily sliding backwards. That is a challenge. We have to keep changing in order to protect what we have.
The one area that has changed the most in the past two years has been the electoral landscape. We are seeing things that we have never seen before—massive party system fragmentation and huge amounts of voter volatility—and that is having an effect on the operation of our electoral system. I appreciate that that is not covered in the Bill, but that does feel like one area where the Bill might find itself a bit out of step with what is happening in the wider electoral landscape.
Lisa Smart
Q
In page 7 of your written evidence, Dr Garland, you talk about new clause 1, tabled in my name, on the voting system. That is something that affects a number of people, in the context of the changing landscape that you just laid out. We had the most disproportionate election ever in 2024, with a party that got a third of the votes getting two thirds of the seats and pretty much 100% of the power. Will you say a little more and expand on the comments you made about why a voting system change would better reflect the situation in which we find ourselves in 2026 and beyond?
Dr Garland: It comes down to the fact that first past the post, as a voting system, is designed for a two-party system. We have moved hugely towards a multi-party system, particularly in the last two years. In that circumstance, when you have many parties in contention, you end up with representatives elected on less than 30% of the vote. Whether you see that as acceptable or not, that is not what a majoritarian system is supposed to do, and it makes it incredibly confusing for voters.
If we think to the next general election, people will find it very difficult to know how to make their vote effect the outcome that they want. When you are in a multi-party system, but you are using a two-party voting system, you end up with very chaotic and unpredictable results. That is very bad for voters. We might also see Parliaments that really do not reflect how voters have voted, and that could do a huge amount of damage to trust in democracy, which is already on a life support machine.
Lisa Smart
Q
Dr Garland: And give more stability and predictability to our electoral outcomes.
Andrew Lewin (Welwyn Hatfield) (Lab)
Q
Dr Garland: As we heard earlier, timing is absolutely key. We need to get a move on and implement these things. In terms of the pilots, it would be really good to have a broad range of areas and datasets to look at. Ultimately, the goal has to be, “Can we find those missing millions?” We know that the 8 million missing off the register are not evenly distributed, and that certain groups are much less likely to be registered. Those are young people and people who move home more frequently—renters, for instance. I would like to see that looked at carefully, so with whatever data we get from pilots, we should ask, “Are we getting those people on the register?” Ultimately, that has to be the goal.
There are other benefits, such as making things easier for electoral registration officers. Cost savings are likely to come out of it as well, but the core has to be, “What is going to have the most coverage?” That could be a combination of automatic voter registration and assisted forms of registration, which is your motor voter-type thing, where you are prompted to vote with other services. I know that the Government are looking at that, and I welcome that very strongly. Whatever we can do to find those 8 million missing people and get them on the register in time for the next general election will do wonders.
Dr Chowns
Q
Perhaps you could comment on proposals for an advert repository and for a ban on deepfakes. Do you think that a ban on deepfakes needs to operate not just during the regulated period, but also outside it?
Dr Garland: I will address those questions in that order. On crypto, yes, we would support a ban, or at least a moratorium, because there are many risks with crypto. They mirror the same risks in political finance across the board, but crypto is moving quicker than our regulations are keeping up, so we would very much support that being looked at.
On a donations cap, we are very out of step with most other European democracies, and comparable democracies, in having no ceiling at all on donations. That is a huge risk area and speaks to the risk around foreign donations as well. There is also a huge risk in how the public view our political finance regime. We heard earlier that confidence is pretty low. People see that millionaires have more influence in their democracy than they do, because we have moved so swiftly to an era where there are many multi-million pound donations. Having no ceiling at all is a risk, so I would very much support a donations cap. That can be supported by spending limits all year round, because quite often, the campaign does not limit itself to the regulated period. I would support that.
I would say that deepfakes are probably something for the other people you will be hearing from this afternoon; we have not looked at that area in detail. We have looked a lot at the imprints regime, and although I am very supportive of extending the imprints regime, it does not tell voters everything. An ad library would mean that we can increase transparency for voters, and enable them to see things such as who is paying for the ads and who they are targeted at. Often, that can highlight misinformation as well, so I would strongly support the amendment about an ad library.
Sam Rushworth (Bishop Auckland) (Lab)
Q
Dr Garland: I think so. I would encourage continued monitoring of it. I think that bank cards and digital IDs are very promising for making it more accessible for voters. I think that there should be something on the day as well, such as vouching or a station, to give one further option. What is in the Bill is very promising, but we need to find out if it has the effect we want it to have by continuing to monitor who is being turned away. The next general election will be the last time that that is required under current law, so that is something to be looked at. We will only know if it is working if we get the data.
Zöe Franklin (Guildford) (LD)
Q
Dr Garland: It is really important, and the more we can do to encourage people, the better. We also have to think about the pipeline, in terms of encouraging people into representative politics. Of course, many of the things that the Bill deals with around harassment once people are here are really important as well.
We are still waiting on the enactment of section 106 on candidate diversity data, which would allow us to understand more about who is coming forward and how they are being supported to do that. I would really encourage that. It is not in the Bill, but I encourage people to have a look at that—it is a really important bit. We have to know the situation through the data before we can improve things.
Zöe Franklin
Q
Dr Garland: It is really important to be able to read across different data sets and see the picture overall. That also means that we need the data to be in a standardised format, coming from each political party. There are ways of doing it that enable parties to retain control of their own data, which is also important, so we need to get that balance right. Of course, anonymity and appropriate levels of disclosure are all really important in that respect.
Laura Kyrke-Smith (Aylesbury) (Lab)
Q
Dr Garland: Automatic voter registration is hugely important. We know that 16 and 17-year-olds and younger people are less likely to be registered, so that is absolutely crucial. As we heard earlier, that lead-in time —the timetable—can make sure that there is enough time to inform young people, educate them, give them the tools they need, and ensure that they understand the process of how to go about voting as well. The more we build things around the Bill to make that a success, the better.
Lloyd Hatton
Q
Dr Garland: That is quite a big question to squeeze into our remaining time. I go back to my point about there being no ceiling on donations from any entity, which is a major risk with corporation and individual donations. The size of donations is growing exponentially, and that has a damaging impact on voter confidence and trust.
The Chair
Order. That brings us to the end of the time allocated for the Committee to ask questions. I thank you, Dr Garland, on behalf of the Committee for your evidence.
Examination of witnesses
Karen Jones, Malcolm Burr and Robert Nicol gave evidence.
The Chair
Q
Karen Jones: Bore da. Good morning, everyone. My name is Karen Jones. I am the chair of the Democracy and Boundary Commission Cymru and the chair of the Electoral Management Board. We are a statutory body that was set up by the Elections and Elected Bodies (Wales) Act 2024. We have a general function of co-ordinating the administration of elections and referendums in Wales. We do not have a statutory role in relation to reserved elections, but are very pleased to be able to contribute to the development of the Bill.
Malcolm Burr: Good morning. I am Malcolm Burr, the convenor of the Electoral Management Board for Scotland and the returning officer for Na h-Eileanan an Iar, or the Western Isles. Like my colleague from Wales, I represent the Electoral Management Board for Scotland, which likewise has a general function of co-ordinating the administration of local government and Scottish Parliament elections. We have no statutory role for UK Parliament elections. We offer recommendations, rather than directions, and support the returning officers in that way. Thank you for the invitation to speak to you today.
Robert Nicol: I am Robert Nicol, the electoral registration officer for the Renfrewshire, Inverclyde and East Renfrewshire council areas and the chair of the Scottish Assessors Association electoral registration committee, which represents all the electoral registration officers in Scotland.
The Chair
Before I call Mr Holmes, it would be helpful if everyone asking questions indicated whether the question is for all the witnesses or an individual witness.
Q
My second question is a general question on votes at 16. The Government made a manifesto commitment to reduce the voting age to 16. Can our Scottish colleagues give an overview of the experience of advertising that and making sure to get maximum efficiency and registration before the first crucial elections at 16? What advice would you give the UK Government to make sure we get maximum registration and participation from a section of voters that has not had the vote for many years in England? Malcolm and Robert, maybe you can divide that question between you.
Karen Jones: Thank you very much for the question. As you say, we have had four pilots of automatic voter registration in Wales. Very recently—in December—the Electoral Commission produced a report setting out the evaluation of those four pilots. The main conclusion was that automatic registration should be rolled out in Wales; it added somewhere in the region of 14,500 names to the register, so it had a significant impact on its completeness. However, the report made some recommendations to the Welsh Government to consider before wider roll-out. A lot of those relate to making sure administrators have the time and resources to put the systems in place to support the new arrangements—for example, ensuring adequate data-matching expertise in councils to meet the task. There were also lessons around the optimal timings to undertake the various duties.
In terms of the proposals in this Bill, our major concern is the implementation timetable. If we had two different timetables for rolling in the AVR arrangements, that would place a great deal of burden on electoral teams. We would need to give that careful consideration, as well as ensuring that we do not introduce voter confusion, particularly if there were any differences in the franchises.
There are a number of things around the introduction of the UK Government’s proposals on AVR, set alongside what the Welsh Government intend to do, that we need to consider from an implementation point of view. I am sure this will be a theme throughout this evidence session, but we would welcome more alignment in policy terms between the UK Government and the devolved elections, because that makes it easier for voters and simpler for administrators, and probably also reduces the cost to the public purse. You will understand that I am not commenting on the policy position, but from the perspective of what is involved in implementing these changes.
Q
Karen Jones: Just to confirm, in the evaluation report I referred to—and I will send the details to the Clerk of the Committee after this evidence session, if you do not have that to hand—the addition of names to the register did not impact accuracy. Very few people chose to take their names off the register, so there was support from the general public for the exercise.
Q
Karen Jones: That is right. It is a small number, but as I say, the evaluation report sets out a lot of the detail.
Q
Malcolm Burr: Yes, happy to do that. We have had a successful experience in Scotland over many years of implementing voting for 16 and 17-year-olds and of course that means implementing voting preparation for 14 and 15-year-olds. I will let my colleague Mr Nicol speak to the practicalities of that.
I am very pleased to see the proposal in the Bill, as an electoral administrator, that there would be automatic additions to the UK parliamentary register of those already registered to vote. Consistency is always welcome, as is alignment at an administrative level. It helps the voter, the administrator and the process.
Your question also focused on engagement with young people, and I think that has been generally very successful. Across Scotland, there is Welcome to Your Vote Week activity in schools—in early March, for obvious reasons. That is universal. It is well received. It is updated to take account of feedback as well as changes. The independence referendum in 2014 saw a high level of voting across all age groups, and such academic research as there is shows that young people who have voted at the ages of 16 and 17 are highly likely to continue their participation in the future. All those are important points for consideration. It certainly has not caused significant issues. There are practical issues that we have to look at, of course. With voter ID for UK elections, we have to make sure that there is appropriate ID for young people of that age. There are also issues of data protection, but I will let my colleague, Mr Nicol, speak about those.
Mr Nicol, do you want to say anything?
Robert Nicol: Thank you. Malcolm covered an awful lot of what I had noted down, but you say, “How do we ensure that it becomes successful?” This is not a measure that I would necessarily recommend, but having a high-profile electoral event shortly after you introduce it— as happened with the young persons register in Scotland in 2013 and ’14 coinciding with the independence referendum—certainly embeds it in the minds of the population.
In terms of the practicalities—this cross-cuts a wee bit into automatic registration as well—we need to be aware that how data is held in different parts of the country can vary. I hate calling it data, because it is about individuals—individual electors and so on. For example, education data is held by local authorities in Scotland, so we utilise education lists from local authorities and from private schools to invite electors, young people, directly to register. That is from the age of 14 upwards. I think that it is also a welcome aspect of the Bill that there is clarity about it being from age 14 onwards, rather than the quite convoluted definition that was previously in place for 18-year-olds.
Clarity of messaging is really important. Malcolm rightly said that there is Welcome to Your Vote Week. There are also various outreach things. A number of years ago, when I was a lot younger, I went into schools myself and helped to try to enthuse young electors to get registered and suchlike. Various participation activities happen. I know that some people might think that this is a prime area for automatic registration, but I wonder whether an elector’s first experience of registering to vote being something that is done “to” them is necessarily the positive way to look forward.
Hopefully that explanation has helped a wee bit, inasmuch as we do try to engage with young people. One other really important thing, which I think Malcolm touched on, is that this is not just about getting people registered; it is about ensuring that they are enabled to exercise their vote. That relates to things like voter ID at polling stations, but also the ID checks that happen for postal votes. Making sure that that is appropriate for this age group as well and how it is administered will be important parts of this as we go forward.
Q
Karen Jones: Thank you for the question, and thank you again, Minister, for the opportunity to contribute to the early stages of this Bill. We are really pleased to see a number of the long-standing proposals from administrators to make life a lot easier for voters and also administrators reflected in the Bill. We are very much supportive of that.
In terms of alignment, the devil will be in the detail, as we look at the rules for implementing the policies that the Bill contains. As I was saying about automatic voter registration, it will come down to the franchise and the timing elements. It may well be that we have to live with some disruption in the short term while we pursue greater alignment in the medium to long term. I think it is a step in the right direction, but more work will need to be done as we look at the detail of the Bill’s implementation.
Similarly, if there is a UK-wide approach to votes at 16 and 17, it will make it easier to engage with young people. We have found with votes at 16 and 17 in Senedd elections that, because we have years in between when young people are not casting their vote, the engagement can be a bit stop-start. But a consistent policy across the UK will make it much easier for us to work collectively to make sure that young people and others are educated as to why they need to participate in the democratic process and understand how to go about exercising the franchise they have been given.
Malcolm Burr: I do not have a lot to add, but alignment should be there unless there is a good policy reason for it not being there. Policy divergence is inherent in devolution—that is what devolution is about: there can be different policy choices in different areas—but administrative divergence should be avoided wherever possible.
This is the occasion to mention the Law Commission’s welcome recommendation that there should be a consolidation of electoral law as far as possible, because it is a highly complex set of legislation and regulation, and it is more than time for a consistent legislative framework governing all elections, recognising the policy divergences across the various nations. Unnecessary divergence leads to confusion for voters, as well as inconvenience to electoral staff, so alignment should be a very clear aim, except where there is a good principle or policy reason for not aligning.
Robert Nicol: Administrators can and do make difficult things work in the background. We absolutely recognise each Parliament’s right to legislate as it sees fit. The difficulty we have is when electors are asked to do something different for what they perceive to be the same thing. If an elector wants to register to vote, for example, and we say to them, “It’s okay, I’ve automatically registered you for this register, but you need to fill in that other form,” that not only makes me look daft as an electoral registration officer but causes confusion for the elector and does not help with overall confidence in the system. We have seen that recently with the postal vote divergence that happened, which has proven difficult and probably costly to stitch back together.
The Bill will enable people to register at 14. That does not align with Wales, but it aligns with Scotland, which is very welcome. There are other areas that are very welcome, but the Bill also has the potential to create different kinds of divergence if it is not implemented carefully. Administrators will do what they need to do, but think very, very carefully when asking an elector to do something different for what they perceive to be the same thing.
Lisa Smart
Q
Malcolm Burr: That is a big question because we have so many different voting systems in Scotland. We have single transferable vote for local government elections, the mixed system for the Scottish Parliament—the regional lists and constituency MSPs—and, of course, we have the traditional Westminster one Member, one constituency system. I would probably be verging into policy matters if I commented on the various merits of those systems. Suffice it to say, voter confusion—if there has been any—has lessened over the years. That is because there is a great deal more material—mostly from the Electoral Commission but also from returning officers directly—about how to vote and how the system works. Voter education is particularly important when you have divergent systems.
As an electoral administrator, I always look to rejected papers as a good guide to confusion. Those have remained consistent in some areas, but not in others—I am thinking of the local government elections, which use a numerical voting system, obviously, as it is single transferable vote. Despite all the guidance, there are still a significant number of rejections of papers of that are marked with more than one cross: the message that you are voting for up to three or four candidates but that you must do so numerically has not gotten through. It is less so for the other systems. From our perspective, it is about voter education in advance of the election, during the electoral period, and particularly at polling places. That is the place. A good presiding officer makes all the difference by saying, “Are you clear on how you cast your vote competently in this election?”
The Chair
Mr Nicol, do you want to say anything?
Robert Nicol: This is really outwith my sphere of expertise, so I will bow to Malcolm’s—
The Chair
Q
Karen Jones: Thank you. I do not have very different views to those that Malcolm has expressed, other than to say that we are about to see a very different voting arrangement in Wales for the Senedd election in May. That underlines the point of the importance of education, good public information and making it as easy as possible for voters to register and cast their votes.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
Q
Another aspect I want to pick up on is returning officer guidance, which has moved on the issue around the divergence of voting systems. Mr Burr, would you consider that the decoupling of the local government elections from the Scottish Parliament elections has had an impact on trying to make sure that voters understand what electoral system is being used at the same time?
Malcolm Burr: Thank you for those questions. My view is that decoupling the elections has been beneficial —I do not say that as an administrator trying to run elections over a few days, because it is not about that. I referred earlier to the different voting systems for local government elections. Inevitably, if elections are together, the potential for confusion is increased, but I think that as voter education deepens, that will lessen. Electoral administrators are certainly content with the decoupling of elections. The old presumption that having a parliamentary election increased the turnout for local government elections was never consistent across Scotland. In my own constituency, the turnout for local government elections would be equal to—if not more than, sometimes —the turnout for parliamentary elections, so it all depends on locality. Those are largely matters of policy.
In terms of voter ID, it is fair to say that it did not cause any significant issues for us as electoral administrators. The reports from polling places were that very few people were turned away; the evidence has shown that. If they were turned away, they could often return, time allowing, later in the day with appropriate ID. I do not know if you wish me to talk about the expansion of the list of accepted voter ID at this stage; that was not a specific question, so I will not, Chair, unless you want me to address it now.
The Chair
I do not think that that was part of Ms Murray’s question. Ms Jones, would you like to add anything?
Karen Jones: The experience in Wales is, I think, similar to what Malcolm just outlined for Scotland. We had small numbers—I am talking about very small numbers indeed—of people who turned up at polling stations without the correct ID, but with the passage of time, people will become more familiar with what is required. In devolved elections, we are seeing that people think they need to bring ID, so it does not present a problem in the devolved elections because people are over-providing rather than under-providing information.
Dr Chowns
Q
Robert Nicol: Registration at 14 and votes at 16 have been embedded for quite some time, but I view this Bill—if it was to pass—as an opportunity to promote registration further. We are proud of the registration levels that we have been able to achieve, but there are still gaps and we want to make sure that we can narrow them as much as possible. I would welcome any involvement in trying to re-promote that across the franchise when the legislation does come into place.
The question of wider political literacy is quite interesting. We have heard much about the missing millions and so on in the Electoral Commission’s reports. No doubt, every single electoral registration officer wants to make sure that, for everybody who is eligible and wants to be registered, that facility is available to them in the format and means that best suit their needs.
The answer to political engagement and literacy will probably not come from a middle-aged guy. It will come from within our communities; that is where the engagement really has to happen. I think I am right in saying that there are particular funding streams available for some community groups around this. That has to be the appropriate way; the message that we are getting out there has to be delivered by trusted voices—people who are trusted in their communities to give accurate information. Some of the stuff that we give out is complex and difficult to understand. There is no single message or delivery method that will get that to everybody who needs it, so it is wider than just administrators in terms of enthusing the electorate, both to be registered and to actually take part in the process.
Malcolm Burr: It much depends on how much effort is made by everyone in the system. It is one thing having the right to vote, but our rights are arid without the feeling that participation makes a significant difference. It is always a work in progress. As an electoral administrator, it is a work in progress largely with our schools, and with the Electoral Commission, which does good work producing materials, generally. But of course, not all young people are in schools; you have to use other local media to encourage participation and show what the exercise of your right means practically.
As an anecdote, I always try to invite as many young people as the rules will allow to election counts. You see then where the process goes; you see what is done with your vote and how it makes a difference—along with other votes, obviously—and what candidates then say when they are elected or not elected, and what they talk about. It is very important to show that system and the difference that voting makes. In Scotland, we have the experience of the independence referendum in 2014. That showed, in respect of all groups, that when the electorate feel there is an issue at stake, they turn out in huge numbers to vote. That is the example of that.
As Robert Nicol said, accessibility is also important. We tend to think of accessibility in terms of voters with disabilities, but accessibility is beyond that; we have to look equally at how we reach hard-to-reach groups in the younger franchise. It is a combination of good publicity, good education and good appreciation, as much as possible, of how the voting system and casting your vote affects and changes things. It is a whole process. Sorry for the long answer.
Karen Jones: I have two points, if I may. I do not disagree with my Scottish colleagues. Young people helping to co-design some of the communications and engagement methods is important. I think Robert made the point about people of our generation maybe not being the obvious people to go and engage with young people, so there is an opportunity there to involve young people in how we go about those exercises. An evaluation report about the experience in Wales referred to the timing of some of these activities. Young people have periods when they are very busy sitting examinations and so on, so there are periods within a year when it is possible to get better levels of engagement. That was a practical lesson that we drew from the experience in Wales.
Sam Rushworth
Q
The Chair
Mr Burr, are you best placed to answer that question?
Malcolm Burr: I fear I am, but in preparation for this meeting I have not analysed the turnout figures and their trends. I would say that it has not affected turnout overall, but I am afraid that I will have to provide the Committee with that information in written form—my apologies.
Lewis Cocking
Q
Karen Jones: Just to clarify, they were not for an election event. They were exercises looking at the ability to add names accurately to the electoral registers. They were in Cardiff, Ceredigion, Wrexham and Powys.
Lewis Cocking
Q
Karen Jones: My understanding is that that is the plan in Wales. We will be working to a common timetable and will have a common approach to the way that automatic registration will be rolled out across the 22 local authority areas.
The Chair
Mr Burr, I think the Minister wants to say something in response to your response to the previous question.
I had the privilege of attending the interministerial Government meeting late last year, and we had a presentation from the University of Glasgow about the effect of voting on the 16-year-olds who first voted in the referendum in 2014. Interestingly, the evidence shows that, compared with previous cohorts, they continued to vote in greater numbers. That evidence was presented at that conference.
Sojan Joseph
Q
Karen Jones: Chair, is it possible to write to the Committee with a detailed response to that? There is an evaluation report that goes into some detail about the challenges that were faced in the four authorities. They took very different approaches, so I am afraid that there is not a simple answer that I will be able to cover in the time available.
The Chair
I think that would be acceptable to the Committee, Ms Jones. I thank our witnesses for their evidence and for managing the technology so ably. That brings us to the end of our morning session.
Ordered, That further consideration be now adjourned. —(Deirdre Costigan.)
(4 weeks ago)
Public Bill Committees
The Chair
We will now hear evidence from the Electoral Office for Northern Ireland and the Electoral Commission Northern Ireland. We have until 2.25 pm for this panel. Will the witnesses introduce themselves for the record?
David Marshall: Thank you very much for the invitation to brief the Committee. I am Dr David Marshall, the chief electoral officer for Northern Ireland. I am responsible in law for all returning officers for all elections and referendums in Northern Ireland, and I am also the registration officer for all of Northern Ireland.
Cahir Hughes: Good afternoon. My name is Cahir Hughes. I am head of the Electoral Commission in Northern Ireland, and I am responsible for ensuring the delivery of the commission’s work in Northern Ireland.
Q
I have two general questions. You obviously have a unique set of experiences in running elections in Northern Ireland. In some ways, in Northern Ireland you have had, for a long time, some regulatory changes that the Government would say we are only just catching up with, and I think that is a fair assessment. Starting with Mr Hughes, given your experience of running elections with voter identification in Northern Ireland, what is your view of the proposal to add bank cards to the list of accepted identification in the rest of the United Kingdom? Are you concerned that it will create a divergence from the elections that you run and your current guidelines?
Cahir Hughes: It is fair to say that the system of photographic ID at polling stations in Northern Ireland is very well established. It has been running for almost 25 years, and voters are very well aware of the need to bring photographic ID with them to the polling station. Research that we have done shows that the percentage of people who know they need to do so is in the high 90s, and they also know what form of ID—most commonly driving licence and passport. It is an established part of polling day at our elections that people know to bring ID with them.
The bank card proposal has not been introduced in Northern Ireland. There is the issue that there is no date of birth on a bank card, which is what you need for photographic ID in Northern Ireland. With divergence there is always an element of risk. We experienced it in 2024 at the UK parliamentary election, when there were different forms of ID used in Great Britain and Northern Ireland. Through our public awareness campaigns and partnership work, we put a lot of focus on ensuring that the right messaging gets to voters in Northern Ireland. As I say, that did not materialise as an issue in 2024. It is something that we will consider as part of our campaigns at future elections from 2029, if the Bill follows the path it is set out to do.
David Marshall: I will say at the start that I have a large enough job as returning officer and registration officer for elections in Northern Ireland before I try to comment on policy matters in Great Britain, but I will give just a wee bit of background. Northern Ireland has had official photo ID for well over 20 years. It came in after widespread public concern about the safety and challenges of running elections back in the 1980s and 1990s. Since then, as Cahir has said, it has by and large worked and been accepted, and there are high levels of public support and confidence in elections here. That is not to say that our system is perfect. We could absolutely include other forms of ID that are currently available in Great Britain. I know the Government are on record as saying the UK veteran card could be included, and there may well be other forms of ID as well. All of this needs to be future-proofed into what digital ID might bring.
In conclusion, only time will tell whether the Government’s plans for bank cards in Great Britain will work. If I was asked in Northern Ireland, I would say, “Expand the list of photo ID rather than go to bank cards at this stage.”
Q
I also want to ask about your experiences. There is a contention among many parties in the UK House of Commons that photographic ID means many people turned away from polling stations and being stopped voting, and that it is, as they would say, anti-democratic. Could you give a brief outline of the experience of you guys in Northern Ireland and the speed at which people got used to having to show photo ID? I think you mentioned, Mr Hughes, that over 90% of people are aware that they need to carry photo ID, but can you briefly talk about your experience of the numbers in recent elections who are turned away from voting in Northern Ireland, and do you think it is a large-scale issue?
Cahir Hughes: At the onset of today, it is not a large-scale issue. It is not something that voters or candidates express concerns about to us. Again, I will say that it has been in for 25 years. After the Electoral Fraud (Northern Ireland) Act 2002 was introduced, photographic ID came into effect in 2003. We ran a lot of public awareness campaigns to highlight the need for photographic ID and the correct forms of ID. We did a lot of post-poll research over the years and the percentage was in those high 80s and 90s. We do not ask that question any more because it is just part and parcel of the electoral process on polling day. We know that voters are very familiar with it.
In the last research that we did, somewhere in the region of 97% or 98% of people were aware that they needed to bring an accepted form of photographic ID. In my experience of observing at polling stations on polling day, when voters do show up without a form of ID, it is just because they genuinely forgot it. There have been no statements of feeling disenfranchised or not being able to participate on polling day, and presiding officers tend to report back to us that voters do come back with a form of ID, be it by returning home or nipping out to the car.
Q
David Marshall: Nothing substantial—just that I think the younger community here in Northern Ireland get it and accept it. The older community have been through that transition and that change, as Cahir said, 20 or 25 years ago and they accept it as well. That is not to say there is not the occasional issue in polling stations, but nothing substantial.
Q
Cahir Hughes: The list of forms of ID that are available to voters in Northern Ireland is significantly shorter than the list in Great Britain. Again, it is so well established here that people are familiar with it. Nevertheless, we need to move with the times; David touched on the impact of digital ID, and the veteran card is included in the Bill. It is right that it is kept under review, but if it was continually added to over and over again in Northern Ireland, that would risk further divergence from Great Britain and the confusion that we touched on previously.
It is right that it is kept under review, but as I say, there are high levels of public awareness of the need for photographic ID. David will correct me if I am wrong, but I think most voters are very familiar with the fact that they need to bring their driving licence or passport with them, and if they cannot get that, they can get an electoral identity card from the Electoral Office.
Mr Marshall, don’t feel you need to, but if you want to add something, you are more than entitled to.
David Marshall: I have nothing further to add.
Q
David Marshall: I manage a relatively small team in Belfast who run elections here. It is not the equivalent of Great Britain, where there are teams in local councils. There is an Electoral Office that covers all 11 councils here in Northern Ireland. We are tasked with running two sets of elections in May 2027—both the Northern Ireland Assembly and the local council elections—so most of my work and thinking is around that.
The Bill has a commitment to review the canvass law in Northern Ireland, which is very welcome indeed. The canvass law in Northern Ireland has not kept pace with changes in Great Britain, and it really needs to. That is an important step forward. In terms of the nomination process, the requirement for candidates to show a form of ID is a really sensible step forward, given the problems in Great Britain in 2024, and it would be relatively straightforward to implement. We think that is a great idea, as well as the timelines. As I understand it, the Bill brings forward a 12 noon timeline for the last day of nominations, which will help in terms of ballot paper proofing and then getting postal votes out to voters that bit earlier, which will obviously make it easier for them to take part in the election.
There are a whole host of other changes to postal vote deadlines for Great Britain, which in this instance aligns Great Britain to Northern Ireland. I am all for alignment if it changes Great Britain to be the same as Northern Ireland. That is really helpful. Lastly, from an electoral administrator’s perspective, the new penalties for intimidatory behaviour towards staff are critical, and it is really important that those are brought in. It is a really good step forward.
Q
David Marshall: They are very welcome indeed.
Cahir Hughes: To echo what David said, canvass reform is essential in Northern Ireland, so that measure is welcome. Automatic registration will also play a significant part in improving access to electoral services in Northern Ireland, and we are working closely with David on the practicalities of that.
David touched on the electoral administrative side of the Bill, as you would expect, but I want to highlight something in relation to the political finance side. The rules on political donations for registered political parties are slightly different in Northern Ireland, in that parties can accept donations from permissible Irish sources. The Bill says that that will continue, and that principle was enshrined in an agreement between the British and Irish Governments back in 2006, to allow Irish donors to give to parties here, in line with the Good Friday/Belfast agreement. Obviously, the secondary legislation will provide the detail on how this will operate in practice, but we can already see some difficulties in checking the permissibility of donations. For example, with company donations from a UK company, we can go on to Companies House and check the donation, as can the treasurer of a political party or the elected representative who is taking the donation.
Company registration in Ireland is very different, and it would therefore not be as straightforward to verify the true nature of a donation, if it comes from a company. Not only would that put the treasurer of a party in a difficult situation, but we as the regulator are also required to check 50% of the donations that are reported to us in Northern Ireland, so that will make compliance tricky for us. We wait to see the secondary legislation, but that is a concern for us in relation to the political finance aspects of the Bill.
Lisa Smart (Hazel Grove) (LD)
Q
David Marshall: This is one of those changes that should probably have been brought in when photographic voter ID was introduced in Northern Ireland in 2002 But frankly, whenever it was brought in, calling out in polling stations was removed in Great Britain as part of the introduction of voter ID there. The Government have seen fit to make it equivalent across Great Britain and Northern Ireland, which I very much welcome. We have a system for personation called “photographic ID”, and we do not need another secondary system. If necessary, we can manage any issues or concerns in polling stations by talking to polling agents at that point.
Cahir Hughes: Historically, the link was made with polling agents. When photographic ID was introduced, polling agents thought that it was very important that they still had a role to identify personation. I suspect that the legacy issues in Northern Ireland and distrust between parties and communities may have played a part in that. However, as we have discussed, photographic ID is very well established in Northern Ireland, so people are familiar with it. It provides the level of security that you would expect in polling stations. Of course, polling agents will continue to be allowed in the polling station.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
Q
Cahir Hughes: We made the need for canvass reform very clear to the Northern Ireland Affairs Committee, as it is essential. We think that a significant amount of money is spent removing 1.4 million electors off the electoral register, only for them to ask to be put back on again. Canvass reform is essential for that not to happen in 2030, and we welcome that being addressed in the Bill, including by the provisions on automatic registration, which should make things easier for voters as well. I am sure that David will touch on this, but he has a rich source of data available to him to manage the electoral register and to get people on the register, which is very welcome.
The one thing not in the Bill—frankly, I was not expecting it to be—is the issue of co-option, which we flagged to the Northern Ireland Affairs Committee. That is where elected Members in the Northern Ireland Assembly or those in a local council can be replaced through the co-option system when a vacancy arises. The Bill does not address that issue, but it is something that we will monitor ahead of the combined polls next year. If need be, we will report on it, as we statutorily have to after every election.
David Marshall: On canvass reform, one important step will be that we take cognisance of the possibility of automatic registration in the context of how it is implemented. As Cahir indicated, we have a rich source of data, and every year we write to all 16 and 17-year-olds who are not currently on the register but could come on to it, but only about 30% then go ahead and register to vote.
When we hold that high-quality public sector data—national insurance data, health registration data—we would like the ability to write to those people, turn it the other way and say, “We are going to register you to vote unless you tell us otherwise.” That ought to be part of the reform of the canvass in Northern Ireland: including some element of automatic registration.
Warinder Juss (Wolverhampton West) (Lab)
Q
David Marshall: We take that extremely seriously in our current work, where we identify people who are on the register and ask them to come forward to register to vote. For example, when we write out to a household, we tend to write out to the householder rather than to the child and say, “A 16, 17 or 18-year-old lives this household. You may wish to register them to vote”—the idea being that we are not disclosing anything specific to that individual. We absolutely take that extremely seriously, and it is something that you will have to consider. I know that pilots were run in Wales to look at this, and they did not raise too significant a concern or issue at that point, but it is obviously important that we keep that issue in mind when we implement these proposals.
Cahir Hughes: All I would add is that in Northern Ireland David has the benefit of a centralised register, so all the data for all of Northern Ireland is coming to him. That reduces the risks. The data is rich as well, particularly in terms of the business support organisation, which is all the health data. That is reliable data on people who are accessing public services, and that is being passed on to him. I suppose it is a simpler process in Northern Ireland than in GB, where so many local authorities are involved.
The Chair
There seem to be no further questions, so I thank both witnesses for their evidence, and we will move on to our next panel. Thank you, gentlemen.
Examination of Witnesses
Harriet Andrews and Andy Mycock gave evidence.
The Chair
We will now hear oral evidence from The Politics Project and the Yorkshire and Humber Policy Engagement and Research Network. We have until 2.50 pm for this panel. Can the witnesses briefly introduce themselves for the record?
Harriet Andrews: Hi, I am Harriet Andrews, and I am the director of The Politics Project, which is a democratic education and engagement organisation that specialises in working with young people on elections and democracy.
Andy Mycock: I am Dr Andy Mycock, and I am a public policy specialist. I sat on the UK Government’s Youth Citizenship Commission in 2008 and 2009, and was a witness at the House of Lords Select Committee on Citizenship and Civic Engagement.
Q
My question is on votes at 16 and your daily experiences of engaging with young people on it. I have had some experience of this in my constituency on Fridays. Granted, I am probably not the best person to sell the argument for votes at 16, although I still like to think that I can be at one with the kids in the schools—just the fact I said that shows I am not. Without giving my view, I have asked young people at my secondary schools to put their hands up to show whether they are for or against votes at 16, and the overwhelming majority are against. I found that really interesting, and I wonder whether it is in line with the general perception or engagement feedback you have seen?
Aside from votes at 16, could you outline to the Committee what methods, if this proposal goes through, the Government, mainstream political parties and, indeed, all parties should take on board, because we all have a stake in this and need to go further to engage younger people?
Harriet Andrews: There are different polls on what young people think about votes at 16, and the results are mixed—it often depends on how you ask the question. Young people are split on whether they want votes at 16, which suggests that they are not a monolith and that we should not talk about them as a single blob, because they have different views and opinions.
When you dig down into that polling, a lot of young people are saying, “I am not sure I have the skills and confidence to be voting and engaging.” To me, that suggests they are in a really good place to be thinking about voting, because they are taking the responsibility incredibly seriously. When you ask whether they could be supported by schools or adults to learn about this, or on their first vote, they are much keener to engage and take part in democracy from 16. So we do engage with that question a lot and talk to a lot of young people about it, and when we dig down, the reason is normally that they want a bit more support.
I love the question about what parties can do, because I think it is missing a bit from the debate at the moment. A really important thing for parties to think about is the voter information space. If I ask a young person right now, “What does X party think on Y issue?”, the absolute mess they have to wade through to work out what parties think and what their views are on particular issues is really difficult. It is difficult for any voter, and we could take votes at 16 as an opportunity to do a bit better on it.
We will talk a lot about misinformation and disinformation—it is a big topic—but the other side of it is where the good sources of information are that young people can go to for up-to-date factual information about the different political parties. That is one of my pleas: what are you doing to communicate that information to young people more effectively?
I am sure many of us around the table will be looking daily at how to do that if the Bill goes through.
Andy Mycock: May I correct the record? I am not an advocate for votes at 16; I am an academic researcher who has been looking at the evidence around the debates for more than 20 years.
We have tracked public opinion, both for young people under the age of 18 and for those over 18, and Hattie is absolutely correct: it is probably about 50/50 among young people. There are those who are very enthusiastic and those who are somewhat nervous. There are lots of reasons why some are more sceptical and nervous. It is often down to family background, the culture of their family and the communities they live in in terms of political engagement.
On the broader issue of public opinion, there has been no evidence of a majority of the general public supporting the measure. That is very different to when the voting age was lowered in 1969 to 18, when you had both political and public consensus over the age of enfranchisement and the age of majority.
In terms of the way political parties might engage better with young people, the research we have done suggests there are a number of issues. First, political parties rarely design policies with or for young people that attract them to vote, so regardless of whether the voting age is 16 or 18, most young people do not vote. Often, the representatives who are selected to represent them are over the age of 50. In all the Parliaments across the United Kingdom, the average age remains over 50, so young people do not see themselves in those people.
On the issues Hattie raised about political communication and the way electoral campaigning is undertaken, those are still clearly problematic; we have a very much 20th-century approach to a 21st-century electorate. People do not feel that politicians speak their language, come to the places where they aggregate or engage with them in ways that fit their lifestyle.
The question you ask is really important, because there is a supply and demand aspect to votes at 16, whether you support or oppose it. UK democracy is in some form of crisis. If you look at the evidence, there is huge distrust of political parties and politicians. More recently we are picking up that there is a systems fatalism: a sense that the electorate, particularly young people who are growing up at this point, feel that whoever is in power—the institutions that shape their lives and govern them—is not going to have a positive effect on them.
Whether you support or oppose votes at 16, this is a once-in-a-generation moment to reflect on not just the composition of the franchise but how you, as parties and politicians, think about the health of our democracy. This is a critical question of democratic resilience. I am doing work in Australia at the moment with the Australian federal Government, and this is a common challenge across western democracies. The UK has an opportunity to take leadership and address these challenges honestly, without getting lost in debates over votes at 16.
Q
So my question to you, in connection to that point, is whether you believe there is a missed opportunity in the Bill, in that somebody can vote in elections at 16 but not participate as a candidate, or do the Government have the right balance?
Andy Mycock: Again, I would go back to 1969. There has been very little policy learning about what happened there. It is interesting that the age of enfranchisement and the age of majority were brought together, but the age of candidature was not; in fact, it was not until 2006 that the Electoral Commission finally lowered it. At this point, there is no need to say that that is a barrier to or a support for lowering the voting age; it is an issue to think about.
I do feel there is a need for this House to review the age of majority; that is not to change it, but the conditions of the 20th and 21st centuries are very different. In the law, adulthood is now shaped at the age of 18, which is the legal age of citizenship, and yet you can get a national insurance number or a passport or undertake elective surgery—you can do a huge number of things—under the age of 18. At the same time, those traditional indicators of adulthood, such as owning a house, getting married, having children and having a full-time job, are being realised much later in life.
Our research indicates strongly that young people do not see 18 as a particularly significant once-in-a-lifetime moment when they become adults. Adulthood is much more complex, as is maturity and the sense of how young people fit into society. Our research indicates strongly that young people, if they are enfranchised universally across the UK at the age of 16, want to be treated as young people in the electorate and not to be seen as adults.
Q
Harriet Andrews: The main opportunity we see from votes at 16 is that it provides an opportunity to effectively support people to vote while they are still in education, or in work or training; 18 is actually a terrible time of your life to suddenly take on this new opportunity.
It allows us to deal with things like inequalities caused by the way your parents vote and engage determining how you vote and engage. The opportunity for schools to play much more of a role, and for there to be a more systematic approach to supporting young people, is the real opportunity with votes at 16.
Our main interest is also about what we are putting around votes at 16: where is the education, engagement and support for young people so that they can engage in democracy really effectively?
Q
Harriet Andrews: We have a really great split screen on this because we work in England and in Wales, in particular. At the moment, we are preparing loads of young people for the Senedd election. We are running 16 youth hustings for young people at the moment in Wales, so we have a lot of on-the-ground experience of this. I would say that supporting young people at 16 and supporting young people at 18 are not particularly different; it is the same process of preparing them to engage and vote.
From our experience in Wales, I can say that young people are taking it really seriously. They are thinking about the responsibility and are really excited to vote. The work that we are doing with young people is a positive experience, and they are engaging really well. If there are any worries about harm being done to young people aged 16, our on-the-ground experience suggests that that is absolutely not the case.
The one thing that we see in Wales is that votes at 16 needs to come alongside support—particularly democratic education and engagement in schools—so that young people know how to vote. Just changing the voting age in itself will not lead to a mass change in the way young people engage with politics and democracy. The lack of support in Wales has meant that there is not loads and loads of engagement at 16, so the surrounding support is really important, regardless of the voting age.
Andy Mycock: I have been involved in the evaluations of both the Scottish and the Welsh lowering of the voting age, and I have advised both Governments on that work. The first thing is that the lessons from 1969 were not learned in either of those cases. Simply lowering the voting age on its own does not have a mercurial effect in encouraging young people to engage and vote. The big problem is that there is a need to have a significant framework of support for young people as they grow up, before they vote, whatever the voting age is.
At present, in Scotland, Wales and the rest of the United Kingdom, there is a disconnection between the different stages of school—between primary, secondary, and further and higher education. The 50% of young people who do not go to university are dropped completely in terms of their support. It is a huge issue, and I urge you to look at it. What happens in schools and outside schools is very poorly connected, and what happens online is almost unregulated. There is a huge opportunity to think about media, information and political literacy at this point.
I urge you to think about what the House of Lords called a civic journey—the ability to connect all those different interventions and policies from Governments at different levels to a set of clear policy ambitions. At the moment, votes at 16 has very little in terms of a clear agenda for success, beyond the idea that young people might vote a little more over their lifetime. In Scotland and Wales, that has not happened.
In the independence referendum of 2014, 75% of 16 and 17-year-olds voted. It was seen as a huge success, until you look at the average turnout, which was 85%. Young people aged 16 and 17 in Scotland, although they vote more than their 18 to 24-year-old peers, continue to vote at considerably lower rates than the average turnout. That is because neither Government thought at the time they lowered the voting age about significant, consistent support for every young person as they grow up. They need to be heard, listened to and engaged with, not just in their lessons but in their communities. They need to meet you and local and other elected representatives regularly so that they feel they are part of the democracy, regardless of whether they are enfranchised or not.
The other thing that did not happen in 1969 was any evidence-based approach to finding out what the effect of lowering the voting age was. Lowering the voting age to 18 in 1969 was a policy failure. In every election after that until the late 1990s, turnout among 18 to 24-year-olds fell. This is likely to be a similar situation. Votes at 16 needs to learn to adopt an evidence-informed approach. We need a longitudinal study of the effects of what is happening. It is remarkable that this country does not have a centre for research around democracy. We have one on electoral studies, but we do not aggregate what is happening out there in the democracy.
As I said at the start, we are in a moment of huge precarity in terms of the future strength of British democratic resilience. I urge this Committee to think about how Government, Parliament, academia, and wonderful organisations such as the one Hattie represents and the Electoral Commission can come together and think about how we start to build an evidence base that starts to learn from the policy interventions that we invest in. We must start to think about the future health of British democracy.
What you are saying is very interesting, and I will reflect on it. As we go through the Bill process, I think it will become clear that the Government have considered some of the points that you have raised, but thank you for raising them.
Lisa Smart
Q
I strongly agree that we are in a moment of crisis for our democracy. An awful lot of things that I would have liked to see in the Bill are not there. You talked about the opportunity that this presents. Particularly looking through the lens of trust in politics and participation in our elections, what does your organisation, or you as an academic, believe could have been in the Bill that would have had a positive impact on trust in politics?
Harriet Andrews: The biggest thing in terms of trust in democratic institutions is the way that democratic institutions engage with the public, and with young people specifically. We specialise in connecting young people and politicians. We have evidence that we can systematically improve democratic trust, which is a fantastic thing to be able to do—not many people can do that—but that is done through loads and loads of conversations between young people and politicians, and there is not really a substitute for that kind of work. I do not know whether that is the role of this Bill, but it is definitely the role of every Member of Parliament. We also need to think about investment in places such as schools and youth groups, and ask whether they are being supported to engage with democratic institutions.
The other thing to mention is that a lot of people are really uncertain at the moment about whether they are allowed to engage with democratic institutions as part of their youth work or as schools, because they are worried about issues around impartiality. I would focus on really clear guidance on impartiality, partly so that people feel a lot more comfortable about what they can do. They can do a lot, but lots of people are scared about engaging with their local council or councillor on a local issue because they are worried about political bias. More training and support around that is needed.
Andy Mycock: I fully agree with everything that Hattie said. Contact—building a relationship at a very early age—is a critical part of this. By the time you get to secondary school, a lot of that good work is already past its time of efficacy. Primary school, when young people are socialising and their brains are growing, is proving to be, in all different aspects of growing up, the most important time. There is a stark lack of focus on primary school interventions. Much of what happens focuses on secondary school, when young people are overloaded; they are going through significant change in their lives—biologically, socially and educationally. Stretch the civic journey. Give it time to mature over time. Think about how you support young people after the age of enfranchisement, whether it is 16 or 18.
To go back to the Minister’s question, our work in Wales highlighted another thing—the voter journey. In Wales we found a lot of focus, in Government and other programmes, on getting young people to get on the electoral register and to know how to vote, but that did not get them to the ballot box. The principal reason was that they were not educated about political parties—what those parties stood for. This is not to open up the old debate about indoctrination, but young people simply did not know what the political parties stood for—they did not know how to read the manifestos, so they stayed at home.
I urge all the parties to move beyond this idea of the fears of indoctrination. The internet age has changed things. You cannot protect young people from political discourse on the internet. Our survey data is already starting to pick up that young people, particularly young men, are increasingly prone to misinformation and to populist ideas. If you do not socialise young people, so that they understand politics before they become enfranchised—whatever the age—it is likely that they will socialise themselves, or will socialise themselves in peer groups that may not be the healthiest in terms of democracy.
I would think strongly about the idea of the voter journey, and about things like automatic voter registration, or giving young people voter authority certificates at the age of 16. If they have a national insurance number, why not give them that certificate so that they have the document and do not have to look for it? Walk them through polling booths: get them used to the idea that these are not alien places. For those who come from middle-class families, it is likely that their parents will take them there the first time to vote. For those coming from maybe disadvantaged or disengaged families, it is highly likely that they will not.
Lastly, learn from other places. Australia has a wonderful celebration around elections where they have a democracy sausage, which you will have heard of now increasingly. We might not be a nation of sausages, but we are a nation of cakes. Why not think about the democracy bake? Have civil society organisations outside polling stations—turn voting into a celebratory act, so that young people feel that that first experience is positive, and that it is not a threatening environment for them to go to again.
Warinder Juss
Q
My assessment from all this has been that if those young people were allowed to vote at 16 they would be very competent in contributing to democracy, and that it would be a great idea for them to be engaged earlier in politics, and to have had those conversations earlier. A witness in the previous panel said that the earlier somebody votes, the more likely they are to carry on voting. I have two questions. First, do you think my assessment is correct? Secondly, do you think that the ability to vote early is one important step we can take to make sure that we have that engagement, and bring democracy into play?
Harriet Andrews: Yes, I do think your assessment is correct. I think young people are really keen to engage in all sorts of social and political issues. They want to have a voice—they want to be heard, right? They are just like everybody else, and they have lots to say. They are exploring the world; they have not heard something for the fifth or sixth time, they have heard it for the first time, so it is more exciting. That is something that we find a lot.
There are some hopeful reforms potentially coming in the curriculum assessment review. They have talked about making citizenship compulsory in primary schools, which really plays into that idea of starting early. The more that you do earlier, and the more you can build these skills over time and make them part of what is happening, the less of a mad rush you have to get everybody ready at a certain point. That is really positive.
One of the things missing in that education reform is, particularly, teacher training. This stuff is complicated, and teachers need support. When they have been surveyed, teachers have said that they feel really underprepared to do this work; they really want to do the work, but they want that support. That is one thing that really needs some attention. The other is the role of Ofsted—asking, “Is Ofsted taking this work seriously? Does it have a home, and does it have a place?” I know that that is not the role of this Committee, but some of the levers to make votes at 16 a real success sit with both DCMS and the DfE.
Dr Ellie Chowns (North Herefordshire) (Green)
Q
Harriet Andrews: For me, part of that democratic education piece would include support for young people to engage with disinformation. A really important part of preparing them is preparing them to engage with that work on disinformation. Also, as I said at the very beginning, we need to think about where the sources of information for young people are. I worry that if we focus too much on just, “We need young people to be educated about how to engage with disinformation,” and we do not try to create places they can go to that are trusted sources of information, we are putting a huge amount of pressure on young people to deal with a really complicated information landscape.
The Chair
You have 20 seconds, Dr Mycock.
Andy Mycock: I would think very strongly about how political parties can play their role in terms of connecting with young people. Young people’s membership of political parties is at an all-time low, as it is in trade unions and other organisations. The fact that you are engaging is commendable, but political parties need to do much more.
Those who are opposed to votes at 16 need to think about the unequal situation where young people in Scotland and Wales now have voting rights that young people in England and Northern Ireland do not. If the argument is about citizenship, there is an inequality with the voting age being 18 for the majority, but not for others. Moreover, there is a need for—
The Chair
Order. I have to cut you off there, I am afraid, because of the requirements of the procedure motion that has been passed. That brings us to the end of the time allotted for the Committee to ask questions. On behalf of the Committee, I thank you both for your evidence this afternoon.
Examination of Witnesses
Professor Toby James and Professor Paul Bernal gave evidence.
The Chair
We have until 3.15 pm for this panel. Could both professors briefly introduce themselves for the record?
Professor James: My name is Toby James. I am a professor of politics and public policy at the University of East Anglia. I am also the co-director of the Electoral Integrity Project.
Professor Bernal: Hello, I am Professor Paul Bernal. I am professor of information technology law at the UEA law school. I am a specialist in data and in privacy, and I have been working with Toby on electoral data since around 2020.
Q
You suggested that an amendment could be introduced to establish statutory requirements for electoral registration officers to publish data on parliamentary and local elections in England and Northern Ireland. I thought it was general practice and already a statutory requirement for returning officers to publish things such as the names of candidates, polling stations and the results of elections. Could you explain where you have come from on that, and what the difference is with the current system?
Professor James: This maybe reflects the different ages in which electoral laws were first designed, many of which were designed in the Victorian age. We have a very decentralised system, whereby electoral registration officers and returning officers publish data on candidates, results and so on, but not necessarily in an electronic format—to qualify that—and not in a uniform fashion. Many electoral authorities around the world, for example, would receive results and names of candidates at a local level, and therefore it would be really easy to publish all that in one central data source. That is not the case for UK parliamentary elections or for local elections. Not so much myself but other colleagues—colleagues at the University of Exeter, for example—collect this data and publish it instead. I think that it should be a central function of the state to provide electors with data on who the candidates are and what the results are.
Q
This may be slightly out of the scope of both of your expertise, but there is an amendment tabled to the Bill about a digital election leaflet repository for digital communications. It would introduce a duty for, after 72 hours, paid-for digital election campaigning materials to be stored in a central repository. It is not our amendment, but I think the argument is that people would then be able to see—and hold to account—the promises made by various parties in the United Kingdom. Do you have a view on whether that would be a good thing? Is that something that you support?
Professor James: My areas of expertise are probably elsewhere in the Bill, but I would generally be in favour of greater transparency. Collecting in a central location information about the promises that are being made to the electorate by parties only enhances transparency.
Professor Bernal: There is another side to it, which is whether such a requirement would mean that the electoral communications had to be in some kind of standardised form. For this sort of depository to be useful, it would have to be sortable, searchable and so on, and that would require some kind of standardised form. Would that be a good thing? I think it probably would, because we want as coherent a set of information as possible. Would parties like it, given that it would constrict which bits of information they gave and did not give? I am rather cynical about that possibility.
Q
Professor James: The Bill covers many of the foundations that you would need to have to enable electoral registration to be increasingly automated. As many other witnesses have said, the devil is in the detail, and the detail is due to come in secondary legislation. That is what is really important: which data sources will be used and which are the best data sources to be used?
In many ways, it makes sense to refer to secondary legislation for that, because obviously the best data sources for improving the quality and accuracy of the electoral register will change as data changes over time, so some flexibility for Ministers is relevant and important. At the same time, that is a lot of detail in secondary legislation. Obviously we are here and you are scrutinising the Bill. It will be important that the secondary legislation is scrutinised by parliamentarians, and that there is an opportunity for civil society groups, and those groups representing individuals who are less likely to be on the electoral register, to be included in those discussions.
The decisions that are being made at the moment—important decisions—by Government Departments, electoral officials and the Electoral Commission have a lot of detail in them. Making those discussions as inclusive, open and transparent as possible is something that Parliament might want to consider promoting.
Q
Professor Bernal: I have one thing to add, and it is a very simple one: I would like the open register to be abolished—straightforwardly abolished. As a privacy expert, it seems to me that it creates more risks. In the age that we are in at the moment, we need to reduce the risks as much as possible.
Q
Professor James: You can think of two basic, broad clusters of countries that have automatic voter registration in one form or the other. In one set of countries, you have a central single record for every single citizen: what might be called a civil population register. Those are countries such as Finland, Sweden, the Netherlands or Germany. That is where automatic voter registration is simpler to implement because, in practice, what happens is that, in short, there is a copy and paste of that register ahead of election day.
In other countries, including in Canada and Australia, there is not a single record for every single individual. What those countries have done recently—I say “recently”; it has been over the course of the last 20 years—is move towards automatic voter registration by automatically enrolling groups of people using specific pieces of data at points when they know the data is accurate and reliable. In the UK context, Canada and Australia are probably the most relevant examples.
Q
Professor Bernal: No, I have nothing to add to that.
Q
Professor Bernal: I would like to scrap it. Going from opt-out to opt-in is great for the new people coming in, particularly with automatic voter registration and the votes at 16. However, there are millions of people who did not realise what they were opting in to—or what they would have opted out of—who are still on the register. If this is going to be retrospective, and you are going to say to everybody, “Do you want to be in after all?”, maybe that would help, but it would be simpler and better just to get rid of it.
We have to think very carefully about why the open register exists in the first place, and what use it is actually being put to. The uses are primarily commercial. In the current era, so many other forms of data are available to anyone wanting commercial use of data—we should leave it to them. What we need is as clear and simple a database as possible, with a single function to support our elections. That way, we get more security and privacy, and people will be more likely to trust it.
Lisa Smart
Q
My question is about automatic voter registration and some of the civil liberties and privacy issues that we should considering as we look at this legislation. Can you help us think through some of the really important questions we should be asking, bearing in mind that, as you rightly say, a lot of the detail will be worked through in secondary legislation? What things should we be thinking about to make sure that we protect the population’s civil liberties and keep privacy where it should be?
Professor Bernal: I should outline my perspective from the beginning. When Toby asked me to come into this project, my initial thought was, “I don’t want this, because of the privacy things—I’m a data privacy specialist and that’s what I work on.” However, when I was talking to him, I began to be persuaded by thinking about this as a way to get greater integrity in the database. Privacy is not about hiding information but making sure that the right people get the right information at the right time, and with appropriate permissions and consents.
As a result, the first thing we should think about is: what will the database on which people are registered be used for? What functions will it be put to? Who is going to have access to it? What are they going to be able to do with that data? That is something that we should be doing anyway, regardless of whether we are bringing in automatic voter registration. We should be thinking about those things, particularly in an era when electoral interference is a known factor and happens in lots of different ways, and we should be working out the way to make things secure. As I see it, automatic voter registration actually gives us an opportunity to do that, because it means that we need to think about having a properly coherent and secured database. As we do so, we will think, “Who’s going to have access to this? What are they going to be able to do with it?”
One issue is that political parties will want access to this data, but they should have to produce a report on what they have done with this data and how, including who they have given it to. We need only think back to Peter Mandelson and what he was doing with his data—giving it to people who he perhaps should not have—to see that we really need to keep a proper grip on what is happening to the data. That would solve most of the civil liberties questions about this. If we make sure that we know exactly what is happening to the data, and if we have a good set of controls over who manages and runs it, and who has access to it, you do not have the problem.
The only civil liberties question left is a rather separate one: should people be able to not be registered to vote? However, that is a rather different question beyond the scope of what we are talking about here, because we have decided in this country generally that people should reply to electoral requests and so on. That is the only one, and I do not think that is a question that automatic voter registration is a problem for.
Professor James: I would draw the Committee’s attention to what happens to the electoral register at the moment in terms of, as Paul has set out, the issue of the open register potentially being a security risk, but also who has access to the marked and full registers. There is currently no requirement, as I understand it, for electoral registration officers to keep a record of who requests and uses those records. That could be introduced. The Electoral Commission could then provide a report on exactly who is accessing those registers and for what purposes.
Political parties, for example, are entitled—and this is correct—to have access to electoral registers so they can reach out to voters, but how parties themselves use the registers is an important question.
The Chair
If Members have no further questions, I thank both witnesses for their evidence and we will prepare for the next panel.
Examination of Witnesses
Harry Busz, Councillor Peter Golds and Richard Mawrey KC gave evidence.
The Chair
Q
Harry Busz: My name is Harry Busz. I am the deputy director of policy at Democracy Volunteers. We are the UK’s largest non-partisan election observation group. We have been assessing election integrity across the UK since 2016, as well as in a number of other countries across Europe and north America.
Councillor Golds: My name is Peter Golds. I am a councillor in the London borough of Tower Hamlets; I have also served as a councillor in the London borough of Brent. I am a member of the Local Government Association safer and stronger communities board, and have had a lot of experience in trying to protect people and integrity in elections, safety in elections, and addressing the intimidation of councillors. I have been involved in elections for many years as a candidate, agent and Lord knows what, and have a long-standing interest in electoral malpractice.
The Chair
I am sure we will be exploring the “Lord knows what” as we go along.
Richard Mawrey: My name is Richard Mawrey. I am a King’s counsel and a practising barrister, and have acted as election judge—or election commissioner, technically—in most of the serious electoral fraud cases of the last 20-plus years, so I have considerable judicial experience of electoral fraud and other malpractice in all its guises.
Q
Given that in 2015 a Tower Hamlets election court judgment found that personation was one of the interlinked types of “corrupt and illegal practices” that took place, where people’s votes were literally stolen, are the proposals within the legislation good or bad for voter security?
Councillor Golds: I think the list produced by the Electoral Commission was somewhat restrictive; it should have been expanded. We had the situation where service personnel, nurses and so on were arriving with their photocards, but could not be permitted to vote. I am not sure that a bank card is a good idea, because anybody can hand a bank card to somebody else. Voter ID is popular with the public and causes very few problems. People believe it adds security to the electoral process.
Q
Richard Mawrey: Yes. As a means of identification at polling stations, I am easy either way on bank cards. Clearly, anyone can obtain a bank card and create an account in a particular name, so fraud would be very easy. The reason why I am relaxed about it at polling stations is that personation at polling stations is a very rare bird indeed, these days.
Most personation occurs with postal voting simply because personation at polling stations is difficult and extremely labour intensive. You have to find bodies prepared to go there and do the personating, and they are personally running the risk that somebody says, “You’re not Mr Jones”—and along comes a large constable and there is big trouble; normally, with personation, you are looking at a spell inside. It is an extremely risky business and you can do it only in penny packets: half a dozen here and half a dozen there.
If you want to influence an election, even a local election, personation at a polling station is a waste of time and effort, so on that issue I am fine. However, I would counsel very strongly against using bank cards as a means of identification for registering voters or for postal votes, because the possibilities for fraud are obvious.
Q
Harry Busz: I would add that, as an organisation, we have collected data on the number of turn-aways at the polling-station level, since the policy of photographic identification came in a few years ago. We tend to find significantly higher numbers of people being turned away at the polling-station level than we see in some of the data that has been collected by the Electoral Commission, primarily because of the different stages at which people can be turned away in the process, whether that is signage, party political tellers who are overextending their role or meeters and greeters.
It is an issue because there are particular groups who struggle to either have the ID or to bring the ID with them on the day. From our perspective, looking at different ways to bring in other forms of photo identification, whether that is the digitisation of the voter authority certificate or other forms of digital ID, is welcome. I agree to a large extent with the councillor about reducing the existing level of security when bringing in non-photographic identification.
Q
There is nothing in the Bill about family voting, but do you believe it should be amended in that regard? Do you or Democracy Volunteers perceive that family voting is a serious enough issue, and such a prevalent issue, that we need legislation to strengthen the security of that element, Harry?
Harry Busz: Let me be clear about the data that we have collected. With family voting, we collect instances of somebody’s right to a secret ballot being denied to them because of oversight, direction or collusion inside polling booths. As an organisation, we have collected and published data on that for 10 years now. At the latest general election, we saw it in 116 of the 204 constituencies that we observed in. It is a widespread problem all across the country.
Family voting can take different forms. When ballot secrecy is broken, we do not know the relationships between the people who are involved, or whether there is coercive control, so we very much believe that it should not be allowed in any democracy. Everybody’s vote should be theirs and theirs alone. The data that we collected led to the Ballot Secrecy Act 2023, which is an important piece of legislation that specifies that trying to influence somebody in the polling booth is an offence. We think that there are ways in which that could go even further.
To clarify, oversight should not be allowed. A lot of the legislation is in place. One of the challenges is election administrators on the ground, with the infrastructure they have, being able to prevent that from taking place.
Q
Harry Busz: Yes. For example, the types of polling booths we use here in the UK are a sort of cross-section. The selling points of those polling booths are that they are easy to store and quick to put up, but there is no reference to ballot security, whereas lots of other countries have individual polling booths that can aid staff in preventing family voting before it has started. By the time it has started, it tends to be too late.
Q
Councillor Golds: My experience goes well beyond Tower Hamlets. I have been an election agent for parliamentary elections in five different London boroughs and in Hertfordshire, and I have been an election agent in seven different London boroughs for local elections. I have campaigned. I have seen this far too often, in far too many places. It crosses communities. Let us be absolutely clear that we are not talking of any individual community here. It is a situation we could possibly call patriarchal, in which groups of men believe they can tell women what to do. In many places, that will include aggressive, angry white men. Let us put that on the record. I have seen it, and I have tried to stop it.
When we first got involved in this campaign, Lord Hayward, who I believe is here today, steered the Ballot Secrecy Bill through the House of Lords. That strengthened the protections. When we were campaigning against family voting, some bizarre instructions were going around, including one sent by a former official of the Electoral Commission to the police. I mention this because I shall relate it to Gorton and Denton. The police said:
“We have checked with the Electoral Commission and have been informed that just because the voter process was not followed, in terms of secrecy…it might not necessarily relate…to an offence.”
Here it comes:
“The onus is on the individual who casts their vote to claim that secrecy has been breached or that they have been unduly influenced.”
We got the Bill through, and the Act sits there. It is illegal to interfere with somebody. I seriously wonder whether that email is still sitting in an inbox somewhere in a police station or council office.
The Chair
Q
Councillor Golds: I am sorry Chair, but it concerns family voting, doesn’t it? This is the secrecy of the ballot I am talking about, where somebody is interfering with it. The onus is on the individual who casts their vote. This is what it is. That is why the Ballot Secrecy Act, which Lord Hayward and former MP Paul Bristow brought through the House of Commons, was passed with support across the Floor; every party supported it. It went through, as I think colleagues would say, on the nod. It absolutely clarified the law that, if you vote, you vote in secrecy. My concern has always been that it is not being enforced. The law is the law, but where is the spirit?
I agree.
Richard Mawrey: The problem—which I have found in all the cases I have tried, and not simply those to do with family voting, but almost any electoral offence—is that there is no point in having rules or statutes, however good and however well drafted, if nobody is prepared to enforce them.
That was particularly the case in Tower Hamlets, where there were multiple breaches of almost every prohibition in the Representation of the People Act 1983. I have never seen that many different offences, most of which were proved to the hilt. What happened there was that they were drawn to the attention of the Electoral Commission, which said, “No problem there; nothing to look at”, and to the police, who said, “Oh, we’re not interfering”, knowing the type of allegations that would be made against them if they did interfere.
Exactly the same happened about 20 years before in Birmingham. The evidence of widespread postal fraud was put in the hands of West Midlands police, and they got a nice little folder, wrote on the outside “Operation Gripe”, put it in a bottom drawer and forgot about it. That was their own evidence in the matter; they were simply unwilling to act.
It is not a question of resources. In many cases, the police were presented with what might be termed an oven-ready case, and they said, “Oh, no, we’re not touching this with a bargepole.” I am afraid that is the problem. Another problem, I am sorry to say, is that the Electoral Commission’s view is that electoral fraud is not happening. Indeed, that has been its view since I delivered Birmingham, hence my comment at the time about banana republics. Therefore, there is no impetus for the people who should be enforcing it actually to enforce the law.
I would say that, on family voting, or indeed any of the matters that are proposed, the law at the moment is fine but, if you do not enforce it, you might just as well put the thing in a bottom drawer marked “Operation Gripe”.
Q
Do you think that is a good thing for democracy? Do you think it is needed, given some of the campaigning tactics we have seen? Or do you not think it would not make a difference in general to some of the problems we have seen in by-elections—but also in local and national elections—in the country?
Harry Busz: As an organisation, we do not necessarily have a viewpoint on the issue you are referring to. As well as ballot secrecy and a lot of the other issues that we look at in polling stations, we are very aware of the accessibility of elections and understanding the campaigns going on being important to increasing turnout and getting more people involved in democracy. We do not have a specific policy towards the new clause.
Councillor Golds: I have been an agent for many years. Many years ago, in Brent, I remember issuing leaflets in Gujarati. I think that this is something that needs balance. We need to understand—I sent this back to the regulators—that it is one thing to have a leaflet on both sides having, “Do come and vote for party X, my party. I am a great candidate and my party is wonderful”, if what is printed in another language that might be familiar to people also says, “Please vote for me. I am a great candidate. My party is wonderful.” However, if in English the leaflet says, “Please vote for me. I am a great candidate. My party is wonderful”, but we turn it over and the other language says, “The other people are”—lord knows what—or this, that and everything else, then that is when we get to the problem.
In my view, this has to go back to the regulators. I am sorry to say that. In a country such as ours, with a multiplicity of languages, I want people to get involved. In my current borough, the big thing is Sylheti. If people understand Sylheti and we can put stuff out in Sylheti, all well and good, as long as when something is put in Sylheti, it says the same as for an English-speaking voter. If an English-speaking voter says, “I do not understand this”, and someone can turn around to say, “It is exactly the same”, all well and good, but if it is different, we have trouble.
Richard Mawrey: It would be perfectly acceptable if there were some sort of insistence, as Peter Golds says, for the texts to be comparable, but that is unfortunately not the case—or certainly was not the case in Tower Hamlets, as I discovered. Quite anodyne stuff in English—“Vote for me. I am a good chap”—came out much longer in Sylheti, couched in really quite extreme religious terms. The two sides of the document did not match.
It would clearly be desirable for the two sides of the document to match, so that, in a sense, you could monitor it, particularly if the one that was in a non-English language contained material that ought not to be there in the first place. That can occur, not simply with Asian languages, but with all other languages. You could say something that, you hope, no one outside your language group will understand. It is essential, I think, to monitor that so there is some equality between the obverse and reverse of the same coin.
I appreciate that. We will go away to look at how that new clause can be tailored to your feedback, all three of you. The new clause came out of some of the campaigning in the Gorton by-election, so we will go away and look at it again.
Q
Councillor Golds: I am a great believer in election law needing more. At some point, there needs to be a stop and a proper consolidated Bill that brings UK election law into the 21st century. When we did the ballot Bill, we suddenly discovered it needed umpteen pages of amendments, because to deal with the ballot for everything—from a Member of Parliament to a parish council representative in East Grinstead—every single one needed a separate statutory instrument. That is one of the problems.
In 1950, 82% of the electorate voted. At a time when people could not use petrol, there was no social media and postal voting was incredibly restricted, 82% of the people voted, because they wanted to vote. I have the view that you are trying to lead a horse to water and not make them drink. I believe that it is up to the politicians in Government to make sure that people wish to vote for and against Government. That is what will increase the turnout.
I am slightly concerned about many things that I have looked at here, and some things that are missing. For example, in the London borough of Tower Hamlets in May, we will go into the polling stations and the electoral papers will be computerised—I give my name, it goes, “boop doop doop”, and out comes the ballot paper. There are three polling districts in my ward, so why on earth could you not go into any one of the three—now that they are computerised—give your name and vote? Why could you not do that in a parliamentary election? That is what they do in Australia: you go into any polling station in the constituency and they will issue the ballot paper.
Richard Mawrey indicated dissent.
Councillor Golds: Commissioner Mawrey says otherwise.
Richard Mawrey: In answer to that, fraud is absolutely rife in Australia, and it is undetectable because they do not have numbered ballot papers. They can tell that fraud has taken place, but they do not know who the fraudulent votes are for, and those votes count. Quite frankly, an intelligent 10-year-old could game an election in Australia—and they probably do! That is a road down which I would invite the Committee not even to take the first step.
The Chair
Obviously, you are expressing your own view there.
Richard Mawrey: I have investigated the Australians, at their invitation. I am with Peter Golds on the point that modernising the law ought to take a consolidating statute. We do that with a lot of things, like the companies Acts and so on. It would be a new consolidating statute, as the last one was in 1983 and we are now 43 years on. That opportunity should be taken, first, to rationalise all forms of malpractice that are offences and corrupt practices; and secondly, to set up a coherent system for trying electoral disputes, because the present system is hopeless. Various proposals on how to do that have been put forward.
This is not the Bill in which to do it, but this Bill should not be saying, “Well, we have done that. We can park that for the next 10 years.” It ought to be a staging post in thinking, “Right, let us sit down and produce a coherent statute that modernises not simply electoral offences, but how we deal with them.” That is what I would counter. I agree that this Bill is not the one in which to do it, but it should not be treated as the end of the road for 10 years.
Harry Busz: As an organisation, we believe there are lots of positive steps forward in the Bill. Certain aspects around automatic voter registration, and improving the performance and accuracy of the register, are really important. For administrators, such like the extension of the postal vote deadlines will enable people to return their postal votes in a timely fashion. We also think that the issue of protecting staff and including them, as well as campaigners, is really important. Since the voter ID regulations came in, there has been a bit of a shift in the way the public views presiding officers and poll clerks in polling stations, as they now have the role of gatekeeper, having to essentially turn someone away from voting if they do not believe there is a likeness with their ID or similar.
There are areas that could go further, particularly around voter ID. At this moment in time, there is an issue where if somebody does not have a form of ID on the day, unlike in other countries, we have no off-ramp, whether through attestation or vouching, so that the person is still able to participate in the election on the day. The question we see as the most challenging is how these procedures will be done on the ground, particularly inside polling stations and for administrators. As long as there is the ability to increase funding and support for the council departments running the elections on the ground, there are lots of positive steps.
Lisa Smart
Q
I have a question for all three of our witnesses. It pulls on a thread all of you have raised: the inconsistency around enforcement—whether that is local authorities, returning officers, presiding officers or different police forces enforcing things in different ways, or election law finally making it through to court should something need to be tried. I accept that this might not be the piece of legislation to address those inconsistencies, but can you say more about measures you think would be helpful to ensure that election law is applied fairly to all elections across the whole country?
Harry Busz: I would start by taking the family voting point that you specifically addressed. As I mentioned at the beginning, this is something that we saw across more than 100 constituencies at the last general election, and it is something which, as Councillor Golds said, affects all communities. It is a really important issue for lots of different people that we ensure they have the right to a secret ballot.
In terms of those inconsistencies, the areas in which we see a really positive response when family voting might be going on are those where presiding officers and poll clerks can actively step in and prevent it if they are in a less busy polling station— which obviously becomes a bit of a postcode lottery. It also depends on whether the council has the funding and the staff to have a meet-and-greet or a third person in the polling station whose job is specifically to do that work.
Different pieces of election infrastructure are used from council to council, and where polling stations can be set up so that polling booths are separate, that is very helpful in preventing some of these issues. Whether it is that or around accessibility, with all of these aspects, the really important thing we have found is that when the council feels supported—both financially and with the infrastructure they need to run elections inside polling stations—you get much better outcomes.
All staff really want to do their job well and want to step in and prevent these kinds of things, but if they do not have the funding to have a third member in there, or if they do not have the correct equipment, it becomes a lot more difficult.
Councillor Golds: I have a big thing about protecting people, safety and security—and that is everybody. That includes candidates, election staff and the voters themselves. First, I am interested in the nomination process. My belief is that if you are nominated as a candidate, you are nominated as a candidate. The address issue is something from 50 years ago—the 1973 Act, which requires your address to be public.
I spoke about this on the security of councillors, and had an email exchange with a delightful lady in Leicestershire who had heard me on Leicestershire radio. She had expressed concern for years that she gets a bus to go to work, and at her bus stop were her three local councillors’ names, addresses and phone numbers. She thought this was wrong. This is still part of the Act. When we tried to get security for councillors to protect our addresses, we were told it was very difficult. It should not be that, if you are standing for election, your address has to be public. I think it would be terribly easy to change.
I am intrigued by the issue of candidates standing and withdrawing a nomination. One of my ideas—and I think about this very carefully—is that if a candidate is standing for a political party and they withdraw their nomination, then on nomination day the proposer and seconder, or the registered political party, should have the right to substitute another candidate, so that you do not have somebody trying anything ridiculous. We also have to look at expenditure. There are too many stories that live on the internet of extraordinary issues. You are quite right to look at it, and it needs to be tightened. We have spoken about the secrecy of the ballot.
We then come to enforcement and intimidation. I do not know how we protect people. Eighteen months ago, I had an extraordinary day at the Home Office where a group of councillors went. I was the only male councillor there. We were promised an hour and a half to discuss problems. Three and a half hours later, Home Office officials asked, “Do you want to continue?” because of what women of all political parties were saying to them. This included a female councillor whose husband had given her a purple coat, and she had appeared on television wearing it. A local nutcase said that her husband was a member of the Illuminati and a paedophile, and had gone through her address on Companies House, and published his company address and the fact that he was a school governor. This is a fact of life that can be found. If you look, every council cycle I have ever been involved in—Rallings and Thrasher always talk about this—we get women elected who serve one term, not lots. This persecution must stop.
Finally, you have to do something about the intimidation of people going to vote and crowds at polling stations—that is growing and growing. Everybody has the right to walk quietly down a street and into a polling street, and then to pass their vote as they do. I have seen observers from the European Union and the Commonwealth look at British elections, and they are staggered to see mobs of people standing outside polling stations, pushing and shoving. Those are simple things that you could look at, and I believe you would help voters, candidates and, ultimately, yourselves.
Richard Mawrey: We are back to the problem of enforcement. In quite a lot of countries, every polling station is attended by at least one burly constable who keeps an eye on things and acts as a sort of enforcer, and the great thing is that they do not have any connection with the local authority.
The problem with staff at polling stations is that they are all necessarily connected with the local authority, and it is very easy for people to convince themselves that the ruling group—so to speak—on the local authority is conniving so that voters are likely to vote for them. In most cases, it is complete and utter nonsense, but it would greatly strengthen confidence in the voting process to have somebody independent—it does not matter whether it is a policeman or anyone else—at a polling station who is prepared to call out intimidation, family voting or whatever it is.
At the moment, people are not confident because they perceive—rightly or wrongly—that the rules exist, but that the rules are being broken and nobody cares. As Peter Golds said, it does not require much imagination to see how any of that can be blown up in social media to a result that is very unfortunate for the electoral process.
Interestingly, most of the arguments being put forward today are the same as those that would have been put forward in the Public Bill Committee on the Ballot Act 1872, when the secret ballot was introduced. It was introduced to stop all the sort of abuses of the electoral process that had been occurring up to that time. Some 150 years on, we are still trying to deal with it.
Sam Rushworth (Bishop Auckland) (Lab)
Q
Mr Mawrey, I am wondering about the degree to which personation takes place, and how much of that is a problem. We are hearing other people express doubts about the use of ID and whether this is robust enough. To what extent is that a real issue?
Harry Busz: On the data that we have collected, we will always have two observers inside polling stations who are observing together, because they will have more time to see whether people come in, see a sign, turn around and go out, or whether somebody is stopped by a teller or an extra member of staff who might be directing them to the polling desk. We see a number of people who are turned away from voting initially, but we do not collect data on whether those people come back in the same way that the Electoral Commission does.
At the general election in 2024, we saw that 1.37% of all voters were initially turned away, compared with the Electoral Commission’s figure of 0.25%. We believe the main reason for that difference is that we are seeing other voters who do not get to the actual presiding officer’s desk. The Electoral Commission’s data was collected from the ballot paper refusal list, which the presiding officer has to sit down and sign when a voter has that situation.
Sam Rushworth
Q
Richard Mawrey: At polling stations, it is very little, and it has historically been very little. If you look back over the election cases, there are very few successful challenges arising out of personation at polling booths. I cannot speak on Northern Ireland, because historically it has always been more of a problem in Ireland—both before and after partition 100 years ago. In England and Wales, and possibly in Scotland, it is not a noticeable problem.
The problem of personation is with postal voting, because that is where it can be done on a level that will affect the result of the election. Unless you can guarantee a knife edge, where three votes either way is going to ensure that “X” is elected as councillor—which none of us can guarantee—then telling people to risk, in effect, their freedom by going along and casting one vote is penny packet stuff. You would not bother. If you wanted to rig an election, you would not go down that route.
Sam Rushworth
Q
Richard Mawrey: Yes, that is a different problem. People being turned away is a different problem. It does not involve an electoral offence, but it is none the less serious.
Zöe Franklin (Guildford) (LD)
Q
Richard Mawrey: You bowled this one at me somewhat outside the wicket. There is provision in the 1983 Act for assisting people with certain levels of disability—for example, helping those who are blind. I think that there are provisions—this is entirely off the top of my head, because I was not expecting this—for people with learning difficulties.
There are certainly provisions for people who are physically incapable. If you require someone to push a wheelchair into the polling booth, you can do that. That is perfectly above board. The rules might be looked at there, but they exist. We have never said, “You are a blind man. You have to work out how to vote. You’re on your own.” You would never actually say that. That is provided for by the Act and has been, basically, for 100 years.
Zöe Franklin
Q
Councillor Golds: I have witnessed this several times in my life. I remember, after ’83, taking a blind woman to vote and watching the presiding officer do the process. He said, “I am clearing this area,” and he took the lady over and discussed it with her. He said, “Mr Jones, the Labour party candidate. Mr Smith, the Conservative party candidate. Mr Brown, the Liberal Democrat party candidate.” Then he asked, “Who do you wish to vote for?” She said so quietly and he marked the ballot paper. It was done incredibly professionally. I have seen it done with people with disabilities, where sometimes they are taken into a side room. What we are talking about goes straight back to where we began—it is the case that people do not know. The facility is there, you just need to get people to know.
Harry Busz: From our observations back in 2024, we found that there are two separate issues. One is the polling station building and whether that is accessible—importantly, independently accessible—for somebody to get to the presiding officer’s desk and a polling booth. Second is the type of aids that are there for them to be able to vote independently. It is very difficult to find the correct buildings and buildings that are accessible. Councils struggle, election to election, to go, “We have this much time. We need to find these spaces.” Over the last few years, we have seen a real improvement in the type of aids that are given to people. We have gone from just having a tactile voting device and maybe a pencil grip to a lot more councils having things like lighting and QR codes with audio lists of candidates on, which is really encouraging.
There are lots of countries around the world where we observe far greater levels of accessibility aids. I remember once seeing somebody in the USA, who was paralysed from the neck down, being able to vote independently by blowing through a straw—I did not really understand how that worked.
There are ways that we can improve. Obviously, it all costs a lot of money. Some of the opportunities to make elections more accessible for people could be through advanced voting, and having voting hubs and specialised pieces of equipment in a single polling station, which anybody could use if they were voting in advance of the election.
Lewis Cocking (Broxbourne) (Con)
Q
Harry, earlier you mentioned a percentage of people in your data who get turned away at polling stations. Was that all because they did not have the appropriate ID? I have seen people get turned away from polling stations simply because they have turned up to the wrong one. Do those people get included in your data, or is it just people who fail to bring the appropriate ID?
Harry Busz: That figure is just for people who fail to bring ID. We do see people who are turned away because they may not be registered or they may be at the wrong polling station, but they are not included in those statistics.
Lewis Cocking
Q
Richard Mawrey: We have not really touched on automatic registration. I can see the thinking behind it. My view is that it is going to be almost impossible to achieve in practice, because you can only register people automatically if you are satisfied that they are entitled to vote.
By the time that you have ascertained that they are entitled to vote, you have had to have carried out some form of inquiry—possibly even a house-to-house inquiry —on who is living where and whether they are entitled to vote. Assuming you have people living in a house, you go and knock on the door and say, “Do you live here? Are you entitled to vote?” If they say yes, do you then go further and say, “On what basis can you show that you are a relevant Commonwealth citizen?”, or whatever it happens to be.
It may be a marvellous idea, but in practice, it will turn out to be unworkable. I suspect that it will also turn out to be an opportunity for gaming the system. People will be automatically registered who have no right to be, because the registration office has been in good faith, so to speak, set up by fraudsters to do that.
By all means enact it, but I suspect that when push comes to shove, registration officers are going to start saying, “How do we do this?”, and they do not have the money, staff and resources. I think that it will turn out to be rather a damp squib. I am not saying it is a bad idea; I am just saying it is an idea that ain’t going to work.
The Chair
If there are no further questions from Members, I thank the witnesses for their evidence. We will move on to the next panel, and hear oral evidence from the Henry Jackson Society. We have until 4.10 pm for that panel. There will be a vote called during it, and I will suspend the Committee for 15 minutes at that point.
Examination of Witness
Alexander Browder gave evidence.
The Chair
Mr Browder, can you introduce yourself? I do not know if you heard me say that there is likely to be a vote during the course of your evidence. I will suspend the Committee for 15 minutes. The MPs present will vote, but we will come back to hear the remainder of your evidence.
Alexander Browder: Good afternoon, I am Alexander Browder. I am the founder of the global cryptocurrency laundering database—the first and largest open-source database on cryptocurrency laundering. I am the author of the report, “Confronting the Illicit Finance Hydra in the Crypto Markets: Protecting Retail Investors and Disrupting Hostile Government Exploitation”. I will be pleased to answer any questions that you have regarding how the UK could see cryptocurrency interfering in our elections. I have seen a number of bad actors using cryptocurrency to influence politics elsewhere, so I am happy to provide some examples.
Q
Alexander Browder: You cannot have crypto donations without a proper regulatory framework, and there is not going to be a whole regulatory framework for all of cryptocurrency until at least late 2027. You cannot have the wild west of cryptocurrency without proper guardrails. You need to be able to establish that those guardrails are effective in stopping foreign and criminal interference in our elections. If cryptocurrency is deemed to be permissible, we need, firstly, to be able to disclose the wallet addresses of the political donations.
There should not be any limit to the reporting requirements for cryptocurrency donations; at present, it is above £500. All cryptocurrency should be stored in institutions that are registered with the UK Financial Conduct Authority. Furthermore, the Electoral Commission needs more power to be able to investigate cryptocurrency donations. At present, they cannot access cryptocurrency wallets or investigate cryptocurrency exchanges, which leaves a whole gap open to foreign interference.
Q
Alexander Browder: Bad actors are continually evolving, and within cryptocurrency there are a number of different tactics that they use to conceal their funds. One that is particularly relevant to this issue is something called smurfing. That is where donations are split across cryptocurrency wallets to stay under the £500 reporting threshold.
There is also something called a mixer, which allows a user to send funds in and receive a whole different address. That means it is impossible to trace for an investigator who wants to try and see if a criminal has donated. At present, the Electoral Commission does not have any power to investigate. Political parties are not proper investigative bodies and do not have the skills to investigate this complex situation. More power needs to be established for this.
Q
Alexander Browder: It has been used throughout the west by bad actors to interfere in political elections, particularly by Russia. I want to highlight three notable examples. The first is a European political scandal linked to a bitcoin donation that almost toppled the Czech Government in the summer of 2025. The Czech Justice Minister, Pavel Blažek, accepted a Bitcoin donation worth $45 million. It turned out to come from Tomáš Jiřikovský, a convicted drugs and arms trafficker who spent three years in prison for operating a dark net drug marketplace.
It was particularly interesting that the donation and the connection to the drug trafficker was discovered by the public only after the Czech had auctioned it off. Blažek’s successor at the Ministry of Justice commissioned an external audit that concluded that the donation should have been refused due to the significant risk that it came from the proceeds of crime. In that case, it was discovered only with a significant delay from when the donation was made.
The second example took place during the Moldovan parliamentary elections, where authorities found that illegal funds from Russia were moved through crypto-currency accounts, laundered through illicit cryptocurrency exchanges and then distributed by couriers to buy votes for pro-Russian political groups and to make donations in cryptocurrency. Moldovan investigators blocked $107 million that was destined for pro-Russian political groups. There were also reports that connected crypto flows directly to interference campaigns that used apps to pay activists, conduct illicit polling and directly pay people. That was paid for with the largest stablecoin in the world, USDT, which is operated by Tether.
Finally, in the 2016 US elections Russian hackers used cryptocurrency to buy infrastructure that targeted US individuals involved in the presidential election. [Interruption.]
The Chair
Order. I reconvene the sitting. You had completed a sentence, Mr Browder, but had you completed your full answer?
Alexander Browder: I have one more thing to say. There have been reports of Russian state actors engaging in malign activity targeting the UK. One such example is an arson case, where Russians paid individuals here in the UK to set fire to warehouses supplying Ukrainian aid. How were they paid? Through cryptocurrency. More recently, in another case, just last year, Russians paid a Lithuanian national to deliver bombs using DHL packages destined for London. The payment was through cryptocurrency. This is an existential threat to the UK and the democratic process. Something must be done.
Zöe Franklin
Q
Alexander Browder: Overall, there should be more strict and rigorous requirements for crypto donations, if those are permissible. Specifically, political parties should be required to release the cryptocurrency wallets they receive donations from; they should be required to store the cryptocurrency in UK Financial Conduct Authority-registered companies; and any amount should be reportable.
Not only that, but donations involving something called privacy coins should be stopped. A privacy coin is a recent development within the cryptocurrency space and is completely untrackable. One such example is Monero. Privacy coins should not be in the democratic process, because you are not able to verify the donor. Furthermore, laundering services like some I mentioned before—mixers—should not be allowed to be used for political donations, because they make it much harder for the Electoral Commission and political parties to investigate.
Zöe Franklin
Q
Alexander Browder: I saw that report, which was very good. As I mentioned, cryptocurrency as a whole may only be properly regulated, at best, by the end of 2027. It needs to be established that cryptocurrency can be regulated, and that that can be enforced properly, to stop bad actors like Russia from entering our elections. What also needs to be established is that the people who are donating are not foreign entities like Russia, but are UK citizens. This is a big issue; due to the inherent nature of cryptocurrency, you are not able to verify properly the source of funds.
Lloyd Hatton (South Dorset) (Lab)
Q
Alexander Browder: There need to be stricter “know your donor” requirements. Not only that, but the enforcement on parties should be greater. If they do not respect the political process, there should be higher fines and stricter policies.
On your last point, through my investigations I have found that Companies House has been abused by cryptocurrency exchanges. In one particularly egregious case, two IRGC-linked companies managed to register here in the UK under false names. They were operating for four years, while registered here in the UK, processing billions for the IRGC. That raises the question whether some foreign actor or criminal could set up a UK-registered company and donate through that? That definitely has to be looked at.
The Chair
I am afraid we are out of time for this witness panel, but thank you, Mr Browder, for your evidence this afternoon.
Examination of witnesses
Colin Blackwell, Imogen Tyreman, Richard Williams, Jenny Shorten and Tom McAdam gave evidence.
The Chair
Q
Jenny Shorten: Good afternoon. My name is Jenny Shorten, and I am the chair of Liberal Democrats Abroad, living in France. I was an election agent and campaign organiser for 40-plus years in Wiltshire.
Tom McAdam: Hi, I am Tom McAdam. I am a member of the Liberal Democrats Abroad steering committee, and I live in Zurich, in Switzerland.
The Chair
Excellent. We also have three witnesses in the room. There is always a bit of choreography when we are rotating between online and in-situ witnesses. Could the witnesses in the Committee Room introduce themselves too, please?
Colin Blackwell: I am Colin Blackwell, and I am deputy chairman of Conservatives Abroad.
Imogen Tyreman: I am Imogen Tyreman, and I am the chair of the Labour International constituency Labour party.
Richard Williams: My name is Richard Williams, and I am Labour International’s representative on Labour’s national policy forum.
Q
Colin Blackwell: Thank you, Paul. The simple answer is no, it does not. A survey about voter participation among overseas electors in the OECD has shown that the UK is a significant statistical outlier, with the lowest effective participation rate. Only around 1.3% of the more than 5 million people in that potential electorate are thought to have successfully cast a ballot at the last UK election. This Bill, of course, does not overtly address overseas electors, but one of its objectives is to increase voter participation.
In line with the Electoral Commission’s recommendations, Conservatives Abroad believes that technological advances now make it possible for a secure and verifiable online facility to be introduced to allow overseas electors to download and self-print their ballot paper and return envelope for one-way return posting. New Zealand and Singapore are two English-speaking Westminster democracies that have implemented downloadable ballot papers, and they use a biometric identification app to verify overseas electors downloading ballot papers against the voter registration ID credentials that were provided at the time of voter registration.
Unlike at the time of the Elections Act 2022, when Conservatives Abroad first recommended this approach, the UK now has this technology. In the last few weeks, we have seen the launch of the Government Digital Service’s One Login app for gov.uk services, and it is now available. That was previously not a technological possibility, but now it absolutely is. New Zealand and Singapore are the gold standards for downloadable ballots for their diaspora.
Q
Imogen Tyreman: In the proposal itself, there are some elements that will help overseas voters to get on the register and exercise their vote and that go further than the current situation, such as the extension of the postal vote and requiring earlier registration. There are also things such as automatic registration, looking at passports and some of the pilot projects. However, I think that more can still be done, particularly on postal votes. That is often what people use, because there is not really enough information about proxy voting, and electoral registration officers do not know how it can operate. That feels like a barrier.
To take the example of postal voting, there is a return rate of 70% or so if ballots are sent out early. But of the postal ballots that were sent out later during the last election—around 27 June—only 2% were returned. Looking at specific countries, there was only a 6% return rate for Australia. There was a higher return rate for France, at 75%. In Spain, which is also a European country, only 32% of ballots were returned. Royal Mail itself has said that it takes six to seven days for standard letters to reach the rest of the world, so if the postal vote deadline is 14 days, I do not know how we are expecting ballots to reach voters and get returned in time. For us, having downloadable ballots is one option, as well as looking at the potential for online voting, and at the use of embassies and consulates as voting hubs or places where we can return ballots. They could potentially go back by diplomatic mail, which is much quicker.
Q
Imogen Tyreman: Yes.
I was just checking—I was not trying to catch you out.
Richard Williams: Perhaps I can just add to that last point while it is top of mind. Something that came up in discussions among members of Labour International was what could be viable alternatives to the current system. Of course, we are not the first country to talk about electronic voting.
Other European nations have successfully introduced electronic voting, with Estonia probably being the best example. In its last election, over 51% of votes were cast via an electronic system. A number of measures are built into that system to avoid things like voting coercion, whereby multiple votes can be cast and only the very last one is actually counted, and physical voting always takes precedence when both electronic votes and physical votes are received.
Having said that, to come back to the original point on whether Britons abroad are adequately addressed as a voter group, I think the numbers that Colin rightly spoke about are telling. Of the 5 million Britons living abroad, only just under 200,000 are on the electoral register, which speaks for itself.
There are really three main reasons for that. One, beyond looking at processes, is simply awareness: many Britons are not aware that they have the right to vote if they are not living in the country. There is no proactive communication on the side of the Government. It is very much left to the individual themselves to find out what their rights are and then to go through the process of contacting the local authority where they used to live in the UK—I did it in Ashford, Mr Joseph’s constituency. It is relatively easy, but there is then the additional process of having to register for a postal vote, which happens afterwards. Those things are all addressed in the Bill, and I think there are some improvements there, but the awareness is the first hurdle.
Then there are the processes themselves. And the third point, in some cases, is probably apathy: if you do not have an MP representing your interests as somebody living abroad, you do not care about the potholes in the local high street as much.
Q
Jenny Shorten: We don’t disagree with any of what has been said, but I will pick up on a couple of points. On the last point you made, about contact with MPs, I conducted a survey across all parties to look into exactly that. The answer to the question, “Do overseas voters think they are represented?” is no, because things like the automated replies say, “I can only help you if you live in the constituency.” It is no wonder they feel invisible, and that is a word that has regularly cropped up in our surveys with people who get in touch with us; they say, “I feel like I’m not there and not being taken notice of.”
The other thing I wanted to direct our thinking towards is whether the processes and systems set us up to fail or to succeed. As a former election agent, I would say that the election timetable is not fit for purpose; it does not make sense. It went wrong for UK electors last time round, but particularly for those overseas. As I think Imogen remarked, you cannot get it done. With the current options, you have to wait until 19 days before polling day to know who the candidates are, so that is the earliest you can prepare ballot papers. People can still register up to 11 working days before. It is not going to work, however hard and however assiduously the people who administer it actually try.
On behalf of all of us, I think, I would like to say thank you to the Electoral Commission for finally collating the figures on how many postal votes got back in time; it is the first time we have seen them. I am sure the Committee is shocked by the fact that it is less than half. We need to look at the process, but it is also a significant matter of culture.
Q
Tom McAdam: I would just like to touch on the opportunity here. When we look at France, at the last legislative elections, it had a 37% turnout of overseas citizens. We can compare that with the turnout of British citizens overseas at the last general election, which was 5%. There is a huge opportunity. It is not one measure that will help that, but a package of measures.
The apathy point is really important. Without a dedicated overseas Member of Parliament talking about the interests of overseas citizens, it is easy to feel that we do not have representation in Parliament. Given the problems with actual voting, people do not feel incentivised to attempt to vote. I do not think that any one measure will really move the needle but, if we take everything as a whole, we might be able to move towards the numbers seen in France.
If the Minister decides to make me the MP for overseas voters, I am more than happy to do surgeries across the world.
Q
As an aside to Paul’s point, I do receive correspondence from constituents who live overseas, usually in respect of their pension arrangements. However, to tackle the point about apathy or disengagement, the Bill includes powers to pilot automatic voter registration. Do you think that that would be a valuable tool for overseas voters?
Colin Blackwell: As others have touched on, awareness is everything. Conservatives Abroad believes that what is vital above all else is raising awareness of the right to vote and encouraging overseas citizens to register, which is now done online.
Historically, the civil service has always said, “Oh, we can’t contact Brits overseas because we don’t keep a register. We don’t know where they live. We don’t know who they are.” That raises the question of how this part of the electorate would be suitable for automatic registration.
Today’s Government services are delivered digitally and electronically in a way that was not done before. Many Departments now interact digitally with millions of British citizens living overseas. The most obvious one is the Passport Office: half a million passports from overseas are renewed every year—over 10 years, that is 5 million. The international pension centre at the Department for Work and Pensions deals with more than a million overseas pensions. The Foreign, Commonwealth and Development Office keeps registers of Brits in individual countries. Lastly, the first place people go when they move overseas is His Majesty’s Revenue and Customs to change their address. Millions of British people living overseas still pay British taxes in one form or another or make voluntary NI contributions.
What I am saying is that, if all these digital interactions between Government and overseas Brits were brought together, and a link to the online voter registration page were automatically provided in those interactions, you would overnight reach potentially millions of this invisible electorate with the exact place they need to go to register to vote. That is the approach that Conservatives Abroad would suggest you look at.
Imogen Tyreman: Automatic voter registration pilots are a great thing to look into, especially for overseas voters. I agree that we should look at how registering for a passport could link to registering to vote. Yes, it might miss some Brits, but unfortunately we do not keep a record of emigration, so it is the best opportunity we have. However, there needs to be a package of other measures or that will not necessarily affect turnout.
We see lower turnout in countries that have passive registration, so there must be accompanying measures, even if it is through the Electoral Commission, to help us to contact voters abroad to inform them. That could be something like a free post or an opt-in registration. Such options need to be explored, and the timeline for renewal also needs to be considered to make sure that people stay on the register.
Richard Williams: I agree with all the points that have just been made. There is one group of people who have emigrated who might fall through the cracks if you look just at the HMRC records of people who have emigrated: those born to British parents overseas. These people may have a right to citizenship but have never lived in the country. They have specific difficulties even getting on to the electoral register. In many cases, they need to provide evidence of their parents’ birth certificate and their own birth certificate, and then there is a question of where their vote should be assigned. This topic came up in discussions with other Labour International members.
Beyond that, if we speak about the choice architecture, we certainly echo the sentiment that we are in favour of trialling automatic and automated voter registration. One topic that came up in discussion with our members, which is perhaps a way to look at doing this, was the idea of automatic reminders upon passport renewal, which is an interaction that many Brits abroad will have. If you structured that in such a way that people would then have the choice—ticking a box to say, “Yes, I want to be on the register,” or “No, I do not want to be on the register”—it would simplify and consolidate the process for many people.
There is then the question of whether there is an opt-in or opt-out approach. In the notes accompanying the Bill from the House of Commons Library, there was a reference to the Sheffield University case study in which 75% of students were enrolled on the electoral register through a process whereby they were prompted upon their annual enrolment for university. That figure compares with 13% for other universities. If that system were explored in a pilot for voters abroad, we might expect to see similar results just by structuring the choice in such a way that people have this prompt, and we could then ask whether it should be an opt-in or an opt-out choice.
The Chair
We will come to you, Ms Shorten.
Jenny Shorten: May I cede the floor to Tom?
Tom McAdam: We are in favour of AVR. A YouGov poll at the last election showed that only 26% of Brits abroad understood their rights, so automatic registration, using the touch points that were previously mentioned, is something that we would support. On Imogen’s point about the free post, voters abroad should be making informed decisions and receiving literature from candidates in the same way as domestic voters, so we would support anything that enables, say, one free post or an electronic communication from candidates to citizens abroad so that they are able to make an informed decision.
Jenny Shorten: May I just add one other thing to the last point about the free post? If you look at the Select Committee report, it suggested a review of the general election process. It suggested that a good first step would be to centralise the records of overseas electors and have them all on one register. You could then start to have the target group effectively in one place. Informally, I chatted with electoral registration officers in the run up to the last elections Bill, and they were saying that we deal with pretty much everybody overseas—though not entirely everybody—by email, so our records hold that data. If you put together a centralised register and the fact that the councils already know where to find these people, you have the means by which to inform them.
It must be right that you can have the basic data flowing about who the candidates are. It is not about their vote, which is their choice—I am sure we will discuss digital in a moment—but about what their choice is. In this day and age, I do not think there is any excuse for why I am expected to vote for people I have never even heard of and who have not approached me.
Zöe Franklin
Q
Colin Blackwell: Yes, in one word. That is really precisely what I was trying to say in my previous answer. I renewed a passport from overseas. I provided a local mobile phone number and an email, and there is a healthy two-way interaction: they tell me that my passport has been printed, that it is on its way and so on. There are plenty of opportunities within that interaction to mention it to the overseas citizen. They are already sending me something to ask whether I want to donate my organs, so why can’t they also send something that says, “Do you want to be on the electoral register? This is the link to do it”? Other Government Departments can also follow that.
Whether to register or not is ultimately someone’s choice, but they should have the facts, they should have the link, and they should have the knowledge that they have the right to vote.
Imogen Tyreman: I also agree. I think being prompted is very important generally, even in conversations with us. Everyone here is giving oral evidence as a member of a political party. We are aware that our right to vote came back, but speaking to our communities of Brits abroad and reaching out to friends and family, not everyone was aware. Some people were not aware that they had regained the right to vote. Renewing your passport is a basic starting point. I would not say it is the end goal, but it is the starting point for getting people back on the electoral register and able to exercise their democratic right in this country that they were given.
Richard Williams: I echo all that. The only thing I would say is: why not take things a step further and design an automatic opt-in? There have been studies of automatic opt-ins for organ donation, and you get a much higher acceptance rate if the default is set to opt-in and people are manually asked whether they do not want to let their organs be donated. Why not do the same thing for being on the electoral register? Assume people do want to be on it, unless they do not. Of course, you can then differentiate between the limited and open register and the full register, but I think, at least for the limited one that stays confidential, this could be looked at to make things even easier.
Jenny Shorten: Can I echo the point that was just made? If it is right that eligible voters in the UK automatically go on the register, why is it not right for British citizens eligible overseas to be treated in the same way? I think it is a very straightforward answer. It might have to be done by a different method, but the principle should be exactly the same.
Sojan Joseph (Ashford) (Lab)
Q
Colin Blackwell: Each constituency has a separate overseas register, and we political parties get this. We get all the overseas register data. I am not exactly sure what benefit a central register brings, other than maybe convenience, but I do think it is potentially a slippery slope for then saying, “Oh, well, let’s have overseas constituencies just for overseas Brits,” which we do not think is a good idea. We think it is counterintuitive and has the potential to severely reduce overseas electors’ representation, not enhance it.
At the last election, in our manifesto, the Conservative party saw the solution as appointing a Minister for Brits abroad—a representative in government battling for Brits abroad, and effectively, with civil service support, answering the questions that MPs get from their overseas electors. I do not necessarily see the benefit of unifying the existing separate overseas registers into a single one.
The Chair
You have had the last word of this panel, Mr Blackwell. On behalf of the Committee, I thank our witnesses in the Boothroyd Room and online for their evidence.
Examination of Witnesses
Azzurra Moores and Chris Morris gave evidence.
The Chair
We will now hear oral evidence from Demos and Full Fact. We have until 5.20 pm for this panel in our revised timescale. Will our witnesses please briefly introduce themselves for the record?
Azzurra Moores: Hi, my name is Azzurra Moores. I am the associate director of information ecosystems at Demos, the UK’s cross-party think tank.
Chris Morris: Hello, I am Chris Morris, the chief executive of Full Fact. We are a charity and we do fact-checking. We also have a technology team and a policy team to try to tackle issues of misinformation.
Q
Clearly, in the election strategy announced before Christmas, the Government said that our
“democracy is being threatened by misinformation”.
Both your organisations have come up with fairly similar recommendations, including, in the Demos report on electoral online harms, the recommendation for a political digital repository. I think that is quite a good idea. Can you outline to the Committee, on behalf of your organisations, where you think that the Bill is deficient in tackling such threats, particularly those from digital communications?
Azzurra Moores: I should clarify that our recommendations are so similar because Demos, Full Fact and other civil society partners have been working together.
I would never have guessed.
Azzurra Moores: We are working together partly because there is a real feeling among civil society that the Bill is much too narrow in scope and does not go far enough to tackle some of the major threats to elections that we are seeing. Part of the reason we came together is the quote that you referenced, Paul: the Prime Minister himself said that misinformation is a huge problem, and actually we are seeing such threats to elections.
We have come together to think about some of the recommendations. We have come up with a number of recommendations on a range of issues, including online harassment of candidates, given that the Bill focuses a lot on in-person harassment of candidates. We have also looked at deepfakes, and at how digital advertising needs to be modernised. We really feel that the Bill is, at the moment, a bit of a missed opportunity to tackle something that is—this is the consensus among civil society—a huge threat to democracy.
If we do not tackle some of these issues now, we do not know when we are going to tackle them to prepare ourselves for the next election. We were quite lucky in the last election that we did not see major threats to democracy or huge amounts of interference. But we have seen examples globally, including across Europe and in Canada, and we have seen examples outside election periods. We feel that that is why the Bill needs to be amended to provide for some of the bigger threats that elections face.
Chris Morris: To back that up, part of our fear is that a lot of what is in the Bill has been locked in for so long that these really important aspects of misinformation and disinformation are missing. As you suggested, we are in a situation where technology is moving at warp speed.
We recognise that legislating at a fixed point when the technology is moving so quickly is not easy, yet the Bill falls significantly short of its original aims, which included restoring trust and strengthening the integrity of our democracy. If you are going to hold an election, the information environment in which it is held is absolutely central to the public perception—I think I am going to use the word “transparency” a lot during this session—that the system is working in their favour and can be trusted.
People are sceptical—we like scepticism; scepticism is good. The danger is that it tips over into outright cynicism. The more transparent the measures in the Bill can be, and the clearer it is that people understand they can trust the system—and that they can trust that political parties and candidates, when standing for office, are held to high standards—the better it will be. The concern is that the technology is outweighing the ability of Committees like this one and legislation like this Bill to do the job they set out to do.
Q
These quotes are from your briefing, Chris, if I may plagiarise and read them out. A former Minister said that more needs to be done to deal with hostile actors. My boss, James Cleverly, has said that the Conservatives would support
“sensible, proportionate measures to ensure that AI-generated political material is clearly labelled and subject to transparency as a requirement”.—[Official Report, 2 March 2026; Vol. 781, c. 635.]
Zöe Franklin, who serves on this Committee, said that section 106 of the Representation of the People Act 1983 needs to be updated to
“explicitly criminalise the use of AI and deepfakes”.—[Official Report, 2 March 2026; Vol. 781, c. 651.]
Your briefing also mentions what Martin Wrigley and Alex Barros-Curtis said. Emily Darlington, with her two excellent amendments, has tried to tackle this issue.
What interactions have you both had with officials in the Department to see how far you can get in probing and trying to get these issues included in the Bill in the first place? What would you say to the Committee about Emily Darlington’s new clauses 22 and 24?
Chris Morris: Overall, both our organisations are talking to officials all the time, so the doors are open, which is good. Part of the problem with the debate about deepfakes is that, in my opinion, some people want to go too far. It is worth exploring the idea of criminalising deepfakes as essentially identity theft, but I would have a lot of caution around that.
It is good to explore those policy options, but we are much more in favour of transparency of labelling. We have suggested an amendment that is very specific about the way that political deepfakes can be labelled. If you go down the road of criminalisation, you come to a very difficult line about where satire suddenly becomes criminal. Nobody wants to factcheck satire, and nobody wants to make satire illegal.
Again, we have to start looking at some of these things in a slightly different way to take account of the way that technology has made it incredibly easy for anyone to create new information just like that. That is the world in which we are living. Trying to criminalise some of those things would be a dangerous path to go down, but clear labelling—transparency of source—is absolutely key.
Azzurra Moores: I would echo Chris’s point. We are incredibly grateful to the officials we have spent many months talking to. They have been incredibly constructive and open to hearing these recommendations. We are sitting in front of you because all those recommendations have not made it into the Bill.
Part of the reason Emily has put forward so many amendments is because these issues deserve to be debated by parliamentarians, but they also deserve to be debated by the people they are impacting. A lot of the things we are looking at here will impact every Member around this table, and it is for you to decide how you tackle them.
You have mentioned a couple of Emily Darlington’s amendments, and I want to turn to new clause 10. You mentioned section 106 of the Representation of the People Act 1983, and I thought it might be worth clarifying that, while this measure is something she has put forward, with Demos and Full Fact support, it is actually a recommendation that came long before. It came out of the Speaker’s Conference, which I know many members of the Committee were part of, and it is something to which the Government have now responded by saying, “We understand that this is important.”
New clause 10, if anything, is just a vehicle for the Government to action something they have already said could be really valuable. It would not create new law or new bounds to discuss free speech; all it would do is say that deepfakes exist as a medium through which you must not make false statements about another candidate. It is a very simple amendment that asks the Government to publish legal guidance, so that there is no uncertainty among officials, regulators or the police. It is quite a simple approach, and that is what we have felt is the most important way forward. These things have been discussed for a long time, and the amendments are allowing them to be discussed within the scope of the Bill.
Q
Very quickly, as I know other people want to ask questions, I can see why people would want to support new clause 24’s repository of digital political advertising. One of the drawbacks that I think we can see in the new clause, which I want to strengthen, is that the Electoral Commission obviously will have responsibility for establishing a repository of paid-for digital political advertising within the 72-hour window. Where do you both think is the ideal location for that repository? Where would it sit? Would it sit with a Government Department or in a Government agency? Who would be the regulator, and who would be the manager and data controller of that repository? Do you have a preference for how that might be legislated for, such as in a new amendment?
Azzurra Moores: Our original preference was for this to sit with Ofcom. To be frank with the Committee, when this amendment was tabled, there was pushback on including any new powers for Ofcom in the Bill. At the moment, new clause 24 puts those powers on the Electoral Commission, and I personally do not mind who holds that power. I do not think it particularly matters, and it is really for Members to decide themselves.
What matters are the principles that we are trying to discuss here. We want to give voters the ability to verify whether a political ad is real, and we want to allow them to do that in real time. We have given scope for 72 hours, but we would obviously hope that it would be sooner. We also want those adverts to be transferred to the National Archives so that, in years to come, we understand how elections were fought.
Who holds or pays for that? I think that is really a matter for the Committee. We can discuss in detail whether it should be Ofcom or the Electoral Commission, but I think we need to make sure that we agree on the principle that elections are no longer fought just in person; they are fought online, and we therefore need really stringent measures to understand how elections were fought in years to come.
Chris Morris: But I would argue that it should not be a Government Department, which you suggested as a possibility. I think it should be Ofcom or the Electoral Commission, and I think the Electoral Commission would be happy to take on that responsibility. Again, it comes back to the issue of transparency, as people deserve to be able to see what is there. It is important not only for researchers but for ordinary voters, because they are bombarded from so many angles with advertising of various kinds. Creating a repository would be a big democratic step forward.
I would be one of the people sad enough to go to the National Archives to look at them, so I am fully in favour of it.
Azzurra Moores: Me too.
Chris Morris: See you there.
Q
Chris Morris: It is not all doom and gloom. If we take the example of digital imprints, measures have been taken to extend the digital imprint regime. Our argument is simply that it does not go far enough, and it should go further. For example, it should cover things like fake newspapers or websites, which can be set up in seconds, that do not include their political party affiliation. The digital imprint regime is being slightly improved by the Bill, but it is simply not ambitious enough.
We also have to think not just of 2026, but of 2029. If you look at how technology has changed since the last general election in 2024, it is almost in a different league. I regularly ask my head of AI, “Where are we going to be in three years’ time?”, and he usually says, “I’m not sure where we are going to be in three months’ time.” We need to have the flexibility to make sure that the measures are as wide as possible, because even if we broaden them in the way that we suggest to include a wider variety of things, by 2029 we may be looking back and saying that it probably was not enough.
Azzurra Moores: It is very hard to disagree with Chris. The imprints work is huge progress. Obviously, it could go further, but I appreciate that a lot of the things we are asking for were not in scope when the Bill was being drafted. Does it cover the issues we are talking about? No, because it never intended to. That is where we are saying there is a real opportunity for the Bill to go further and be wider.
While it may have started with a narrow scope, perhaps once you hear what Philip Rycroft says through his review—and read our amendments slightly further—it will be appreciated that there is an opportunity to say, “How else can we make the Bill safeguard elections for the future?”
Chris Morris: To add to that, on a slightly different part of the legislation, it is good that the Electoral Commission will have greater powers on information sharing and enforcement, but we would like to see it have greater powers on information gathering.
There is a bit of a gap on who is responsible for regulating in that area. We would have liked to see that covered in the Online Safety Act 2023 and given to Ofcom. That did not happen, but one thing that could and should happen in this legislation is giving the Electoral Commission the power to compel people to hand over information or documents really quickly, such as in the heat of an election campaign, without having to turn it into a formal investigation, which as you probably know is laborious and takes time. A lot of this is about agility as well as transparency.
Zöe Franklin
Q
I want to talk about doxing, and my understanding is that it is not currently within the scope of the Bill. For anyone who is not on top of doxing, it is where information is gathered about you and then dropped online so that people can find out where you live and other information. Given that the Speaker’s Conference and the Crown Prosecution Service have both spoken out about how important it is to address this, do you feel that it is a problem that doxing is not currently in or addressed by the Bill?
Azzurra Moores: What you are trying to address is the issue of online harassment. Doxing is one part of it, but online harassment takes many shapes. I certainly do not need to describe that to members of the Committee, who will have experienced it themselves.
We definitely feel that tackling online harassment is a massive missed opportunity in the Bill. For those of you who might have followed the work of the Online Safety Act Network, it has proposed a new code to tackle online abuse and harassment during elections. Again, that has not been tabled as an amendment to the Bill, partly because it was felt to be out of scope.
When looking at in-person harassment, we also need to understand that those in-person threats happen digitally as well. Certainly, the issues you are raising, such as doxing, could fall under that code. As I said, it is not something that has been tabled, partly because of the narrow scope of the Bill, but I encourage Members to look to that and perhaps have representatives from the Online Safety Act Network come in to give evidence.
Zöe Franklin
Q
Chris Morris: My one-word answer is yes, but let me explain it in various ways.
Broadly speaking, it is not unreasonable for us to ask the most powerful companies in the world—who have enormous power over our information environment and, therefore, increasingly over how everyone in this country gets information—to take on a more responsible attitude, some of which we believe should be made statutory.
As part of media and political literacy campaigns, for example, there could be education about why harassing candidates is not a good thing to do. Some of that behaviour comes from ignorance, and from people seeing how others behave on social media.
One of the recommendations we have made, and it is in our written statement, is that there should be a statutory obligation for the big tech companies, the online platforms, to make sure they are fully involved in media and political literacy campaigns. They do some good things, but we have to recognise, and we have to be realistic, that in the end their bottom line is their share price. Regulating how information flows is difficult. At the moment, we are essentially allowing them to regulate themselves, and I think sensible regulation of these companies—we know there will be howls of protest—is exactly what the Members of this House should be doing.
Azzurra Moores: Maybe I can quickly explain why we have gone for such a narrow scope in our recommendation on deepfakes. We recognise that deepfakes are a really complicated topic to regulate, and they need something far bigger than an elections Bill to regulate. Really, wholesale AI regulation is needed.
While the section 106 recommendation does not put new requirements on platforms, it starts to test the bounds on how you would regulate political deepfakes, which we appreciate is a really complicated topic. It is a slow and steady approach to amending legislation, rather than coming in and making big mistakes straightaway. This would be a first step, but obviously there need to be conversations within Government about how we could go further on that as well.
Dr Chowns
Q
Secondly, do you agree that we need to regulate not just during the regulated period but all year round, because disinformation has corrosive effects all year round? Thirdly, do you have any comments on the need for better enforcement of existing imprint laws? Finally, you referenced the Rycroft review, which of course covers only foreign interference. Are we paying enough attention to domestic disinformation?
Azzurra Moores: There were lots of good questions there. You ask what more could be done on bots. Chris raised a proposal to increase the Electoral Commission’s investigative powers. For those of you looking at the amendment paper, that is new clause 25 tabled by Emily Darlington.
Tackling bots is going to be really complicated, but we think a really important first step is to give the Electoral Commission investigative powers on the back end of platform data, to try to understand the scale and scope of the problem. Part of the reason we cannot do much more at the moment is that we have a real evidence gap—a real evidence deficit. We need to start giving our regulators, which are on the frontline, more ability to understand the scale of the problem. For us, that would be a first step.
I am intrigued to see what the Rycroft review publishes. Demos gave evidence to Rycroft, and we highlighted that foreign misinformation is obviously impacting our democracy, but so is domestic misinformation. We are waiting to see what he publishes before going further on that.
On international counterparts, we have recommended that this Government establish a critical election incident protocol, modelling what happens in Canada. It is quite a complicated protocol, and it is proposed in new clause 26, but essentially, if there was any interference with an election—if there was an information crisis that impacted the integrity of the election—there would be a published protocol on what officials would do to react to that.
We are a real outlier here in the UK, compared with the other Five Eyes nations, in not having a public protocol. We think this elections Bill is another really important opportunity to say, “We know there are vulnerabilities. We know there are risks. We need to establish transparent public protocols so that, should any of these interferences happen, we have a set of measures that mean we know how to react in that instance.”
The Chair
You have 10 seconds.
Chris Morris: To add to that, Full Fact first put forward the idea of a critical election incident protocol in 2022, and really nothing has been done. The problem we have is that there are plenty of people working on this behind the scenes—the joint election security preparedness unit and the defending democracy taskforce—but it is all very much being done in the shadows. This is not always a case of democracy dying in darkness; this is about democracy under threat in the bright blue backlit light of a million scrolling phones.
That is the scale of the challenge we are facing now. It is not just about making sure we have an electoral framework that is fit for purpose; it is about making sure that there is a public perception that it is fit for purpose. That is why the issue of transparency is so important. If there were to be a major information incident—by that, we mean in the last days of the campaign, clear evidence emerging of a concerted attempt to alter the course of the outcome of an election in some way or another—the more transparent and public the process is for revealing that, the better.
The Chair
That brings us to the conclusion of this evidence session. I thank both witnesses on behalf of the Committee for their evidence.
Examination of Witnesses
Duncan Hames, Dr Sam Power and Dr Susan Hawley gave evidence.
The Chair
We will now hear oral evidence from Transparency International, Dr Sam Power and Spotlight on Corruption. We have until 5.50 pm for this panel. Could I ask each of you to introduce yourselves and say a little about your organisations?
Duncan Hames: Hello, I am Duncan Hames. I am the director of policy and programmes at Transparency International UK, which is the British chapter of a worldwide anti-corruption movement in more than 100 countries.
Dr Power: Hi, I am Dr Sam Power. I am a lecturer in politics at the University of Bristol. I should also say, for transparency, that for about the past 18 months I have been funded by the Economic and Social Research Council and internal University of Bristol funds to work as a parliamentary academic fellow in the House of Commons Library. Based on my area of expertise, I have written various impartial briefings on matters relevant to this Bill, but I am, of course, speaking in my capacity as an independent academic from the University of Bristol today.
Dr Susan Hawley: Hi, I am Dr Susan Hawley. I am executive director of Spotlight on Corruption. We are an anti-corruption charity that focuses on the enforcement of the UK’s anti-corruption laws, including on political integrity and political finance.
Q
I have taken great pleasure in reading all the evidence that has come in today. There are some bits I agree with—particularly from Dr Hawley and Dr Power—but there are some recommendations that I would be concerned about if we started to implement. Sorry, Mr Hames, but I am going to focus on the other two witnesses first. First, where do you see the balance between the freedom to practise democracy and overburdensome restrictions that could harm transparency and restrict voter interaction with the party political process?
We have heard this morning that there is a perception that overseas voters are finding it incredibly hard to engage with voting and have many obstacles to voting. You have a proposal that any overseas voter wishing to be considered a permissible donor should also be a UK-registered taxpayer and have submitted at least one non-zero tax return in the two years prior to making the donation. Does that not risk creating two tiers of voter—well, we already have that, but exacerbating it? For example, someone in receipt of benefits or who falls underneath the tax threshold in this country is allowed to vote. Why should they be allowed to vote, if an overseas voter who does not pay tax should not be allowed to vote? That is to Dr Power, then I will come back with another question.
Dr Power: There is a two-tier system, effectively, if you have overseas voters and overseas taxpayers, and UK-based taxpayers. It is pretty easy to draw a distinction between where the level of threat is and where the level of overburdensome regulation is, if you will.
I sometimes get concerned when I hear about how this approach can be overly burdensome. It is often used as a crutch to prevent genuine weaknesses in the system being dealt with. I do not think it is too much to ask of people who live overseas, who might well be slightly more politically exposed, to show that they are also engaging with the British system and paying tax in that respect. I do not necessarily have concerns that that creates a two-tier system—people are allowed to donate in the UK, of course, and people are allowed to donate overseas. Of course, if they lived overseas and did not pay tax, they could donate under the £500 limit.
Q
“Parties are increasingly building up their war chests well before the run-up to elections and engaging in permanent campaigning. This can have an impact on subsequent elections; as the Committee for Standards on Public Life…noted in its 2021 report”.
It is always going to be the case that political parties have to fundraise to communicate with the electorate. Where is the balance? What I could not quite work out from that submission is where you see the balance between restricting fundraising and keeping communications with the electorate going over that 18 months, rather than seeing it as campaigning? I might not be clear, but I am trying to see where you see that balance coming through.
Dr Susan Hawley: This is not about stopping it; it is about having limits apply across the annual period. An amendment that relates to the digital campaigning side has already been tabled. That is a recognition that we are in an age of permanent campaigning and to make sure that the public know what is being spent to influence them. It is about transparency and fairness, because if some parties are able to keep a lot of money in those pre-regulated periods and others are not, an imbalance is created when it comes to the election. It is about transparency and fairness.
Q
“Prohibit crypto donations until/unless…crypto currency becomes much more widely used by a greater cross-section of the population”.
That is something that needs to be seriously explored, because of evidence given to us earlier in Committee about the lack of regulation that has caught up with something that is to me completely not understandable. You support that proposal, Dr Hawley, because it is your proposal, but do the other two witnesses support an interim ban on cryptocurrency donations until the regulatory framework has caught up? Also, if we get a suitable regulatory framework, do you think such donations should be re-established or do you think that they should just be banned permanently?
Duncan Hames: We do support a moratorium for the purposes you describe. How temporary it should be depends on whether it is possible to address the risks. At such point as Parliament is confident that other forms of payment carry no additional risk to sterling or even cash, then the case for the moratorium would not be as strong. Right now, it is an absolute minefield to try to work out exactly where this money originates, which drives a coach and horses through the existing rules we have on political finance.
Thank you. Dr Power?
Dr Power: We are short on time, so I will say yes, and you can refer to my evidence. The only thing I would add is that one of the concerns we have about crypto-currency generally is its ability to supercharge donations below £500, which is underneath the check for permissibility. If that is a particular concern with cryptocurrency, there is a case for not only banning it, but bringing down the level of the permissibility requirement. In my submission, I suggest £50, which aligns with the candidate regime, because that would create a further barrier to that particular concern.
Q
Dr Susan Hawley: We welcome the introduction of the “know your donor” regime, and the clarifications that it will have robust penalties for parties and candidates who do not undertake proper risk assessments. I am afraid that it currently needs some tweaks to be strengthened.
Obviously, we do not want to impose too much of a burden on parties but, if we are addressing foreign interference, it is very odd that the current “know your donor” policy does not say anything about addressing the potential source of wealth from high-risk jurisdictions or politically exposed persons. That is our first point. Any other regulated sector would and does need to address those risks.
Secondly, as the policy is currently framed, we think there is far too much discretion for political parties to decide what the risks are. That is unhelpful, because there will be inconsistent application of risk assessments across parties. That discretion should be reduced.
Finally, we have concerns that the fact that the Electoral Commission’s guidance can essentially be changed by the Secretary of State could lead to it being completely overridden, and that would be really problematic. We would like to see safeguards to ensure that cannot happen if there is to be a power for the Secretary of State to amend the Electoral Commission’s guidance.
The Chair
Q
Dr Power: I would only add that I concur. The one slight concern I have with the “know your donor” requirements is overly burdensome regulation. The thresholds for conducting those requirements should align with the thresholds for the person having to undertake them, because you could end up with a situation where a regulated entity is looking at three different thresholds. I would want the Bill to be clear that these align, and I know that the Electoral Commission shares that concern.
Lisa Smart
Q
You talked about reducing discretion, and there are proposed amendments that would clarify who is no longer a permissible donor. I agree that clarifying some of that would be helpful for political parties. However, may I invite all the witnesses to talk about what is currently in the Bill on money coming in from overseas? The Government have been very clear that they want to take steps to tackle foreign interference, and we are looking at the recommendations from Philip Rycroft’s review. Could you say whether the provisions in the Bill are robust enough to stop foreign money being funnelled through UK entities? If not, what steps would you recommend to tackle that?
Duncan Hames: We certainly welcome the valiant efforts that officials in the Minister’s Department have been making to address this issue, and there are some welcome steps, particularly on unincorporated associations, to ensure that they are not used as a back door. However, we do not have any prohibitions in this country on people who are not entitled to vote in this country owning companies that trade here. Therefore, it would be entirely possible for someone who you all agree should not be allowed to donate money in British politics to none the less acquire a company that does that job for them, which would comply with the provisions as currently set out in the Bill.
Our view is that, hard as we might try, so long as people are determined to find a way, it is very hard to be absolutely confident that you have shut this door. That is why we think the lack of any kind of cap whatsoever on how much any one person can put into British politics means that the risk of money entering British politics and getting round these controls is uncontained. We would argue that these measures need to be accompanied by some kind of donations cap.
Dr Susan Hawley: It is absolutely a risk. I believe the Rycroft review is looking at whether you make sure that the regulated sector and financial institutions in the UK are playing their role. There would definitely be scope for a joint intelligence unit where they could share transactions that appear suspicious with law enforcement. Obviously, that relates to whether the enforcement set-up is sufficient and whether the laws are sufficient. In relation to enforcement, this also comes down to having proper donor declarations and beefing up the section 54A donor declaration to address some of those risks and make sure that the money is not coming via permissible donors in the UK, but from abroad.
Dr Power: We also have regulated and unregulated periods at which different levels of scrutiny apply to donations to different regulated entities. Of course, some of those entities are less regulated or unregulated during unregulated periods.
As a thought experiment, if I were a malign foreign actor, I would probably focus on the unregulated periods as the times when I could use my money wisely, as it were. There is a good case for considering, within reason, how we can move towards a system with year-round regulations, taking into account the importance of a vibrant democracy, such that we do not end up with money being spent and donated during relatively unregulated times.
Lisa Smart
I am working with the Public Bill Office on an amendment that extends the regulated period. Given the narrow scope of the Bill, that is a way of thinking about that.
Lloyd Hatton
Q
Dr Susan Hawley: The Electoral Commission needs to come up with robust guidance on that. It needs to look at industry standards from the regulated sector to tackle money laundering. I want to come back to the donor declaration, because that is also critical to this. We have heard from law enforcement that it is not clear to them that the proceeds of crime are not allowed as donations, for instance. If you have a situation where proceeds of crime can be donated, that is pretty extraordinary. We need a robust section 54A that puts some onus on the donor and makes a false declaration a criminal offence.
I do not know whether that answers your question, Lloyd, or whether you wanted me to talk more about “know your donor”, but I think they complement each other. You have “know your donor”, which is about what parties do, but also the donor declaration, so that you are putting some onus on the donor to actually be honest about where that money comes from.
Lloyd Hatton
Q
Dr Susan Hawley: No. I think it has done a valiant job in introducing the beneficial owner test and a UK connection test, but we know that the Electoral Commission has flagged the revenue test for corporations as a real risk for foreign interference. The way that is laid out in the Bill also does not provide a cap at all; it allows money to be donated to a host of different people.
The revenue test really needs to be looked at again, because we have the Electoral Commission saying very clearly, “There is an increased risk of foreign interference if you keep the revenue test.” You also have tax experts saying that it is actually fairly easy to generate significant UK turnover while having no genuine UK operations. This is the moment to look at that again. It is also not quite clear why a company that owes a lot of tax, or that is making a loss, should feel it needs—or should be able—to donate.
Lloyd Hatton
Q
Dr Susan Hawley: It is very much an improvement on what we have at the moment; I think everyone would agree that, if you have a multimillion-pound campaign budget, a £20,000 fine is frankly laughable. We would, however, like to see it strengthened in two ways.
First, we would like this to be on the face of the Bill. We have a report coming out next week in which we compare the Electoral Commission’s powers to the Information Commissioner’s Office and Ofcom. Those bodies have this in the legislation, and they also have not just a maximum fine level but a percentage; the Committee on Standards in Public Life recommended that it should be £500,000 or 4%, whichever is higher. Again, you could argue that, if you have a multimillion-pound campaign budget, £500 k could become a potential cost of doing business, so we need that percentage option to give the Electoral Commission the flexibility to impose penalties in egregious cases.
Secondly, the Electoral Commission has a very high threshold, compared with other regulators, for when it can actually impose penalties. Ideally, we would like to see that looked at again, because no other regulator is hampered by that high threshold.
Duncan Hames: If I may, the problem with enforcement is that it takes a long time, and we are talking about democratic events here; by the time enforcement takes place, the consequences have already happened. People saw Elon Musk giving out cheques to make millionaires of people taking part in an election campaign in the States; they all thought that the rules were being broken and that something should be done about it, but nothing was, and he was at the right hand of the President within weeks of that moment. We ought to be looking at measures that we can take that prevent problems from happening, rather than just chasing things after the event.
Nathan Gill is serving a 10-year prison sentence for bribery offences, which he admitted to in court, that happened nearly 10 years before he was convicted. There is a long lag if you rely on that kind of enforcement to address offending, and the problem that you are trying to stop.
Lloyd Hatton
Q
Dr Susan Hawley: We really welcome the recommendation of the Joint Committee on the National Security Strategy—published today—that there should be a specific unit. I think that there is growing recognition within law enforcement bodies that that is required. Up to now, the problem has been that those law enforcement bodies will argue that they do not have the laws or the sentences that would empower them to use the serious investigative tools that they have at their disposal to get to the bottom of some of this behaviour. That is why the criminal offence in section 54 and section 54A really needs to be looked at. We welcome the amendment recently tabled by Matt Western to address the knowledge test so that it is not set too high.
We also need to look at sentences because we hear again and again from law enforcement that if you do not have a serious crime-level sentence, you cannot use the skills that you can deploy for serious crime for this kind of offending. If we are talking about foreign interference, those are the tools that need to be deployed against impermissible donations.
Dr Chowns
Q
Duncan Hames: We propose that a cap of £50,000 annually from any one donor is reached by 2030. That would still be much higher than in a number of other jurisdictions that have introduced donation caps, such as Canada, France, Italy and—from July—Australia. If it were phased in, with a cap reducing year by year between now and then, that would provide time for political parties to adapt.
We have done our own modelling, which I would be happy to share with the Committee, in which we look at the effect of that cap on overall party fundraising. I think you will find that, although we have recently had an arms race in campaign spending—not least because the spending limits were raised so dramatically just before the last general election—political parties fought all sorts of elections and referendums in the previous decade without needing anything near the kind of money that was available in the last general election, when nearly £100 million was spent.
Dr Power: I agree that we absolutely need a cap on donations. I am less wedded to a level as much as to the idea that there needs to be a cap that people can get around the table and agree to, and which seems fair. To not have a cap on donations risks much more than to have one. It is absolutely essential. We have seen the effect that can have in countries that do not have caps on donations, particularly the USA, and the effect that the very rich can then have.
What I mean by that is not an effect on the outcome of politics but an effect on the process of politics. You end up with about 400 individuals accounting for 75% of total party donations. Given that we are discussing the Representation of the People Bill, that is not a situation in which people are represented. It is essential that we find some way—in a Bill called “Representation of the People”—to fix the system properly such that the people feel represented. A cap on donations is essential and well within the remit of the Bill.
On a cap on spending, I align with the 1998 CSPL review, as well as Jack Straw when he introduced the Political Parties, Elections and Referendums Act 2000. He said that there has been an “arms race” in spending and that we should always set a spending limit below the extent to which we expect to spend at an election. Until 2023, that limit was set at £19.5 million, if you stood a candidate in every constituency, which does not happen. If we say that the limit was £19.5 million, that should have been the baseline, and there was no good justification for it to be uprated in 2023—in fact, I think there is a good case for bringing the limit down further still. It would not have an effect on the good that money does in a system, which is to enrich debate and to allow political parties to get their positions across.
The Chair
That brings us to the end of this panel. On behalf of the Committee, I thank all our witnesses for their evidence.
Examination of witness
Samantha Dixon MBE MP gave evidence.
The Chair
We are now going to hear oral evidence from the Minister. We all appreciate that the Minister has been struggling with her voice today, and I am sure we will bear with her during this evidence session, which is scheduled to last until 6.10 pm.
Samantha Dixon: Thank you, Chair—you are really kind. I hope Members will indulge me, and I will do my best to answer their questions today.
Q
Part of my concern about this Government’s approach to legislation is that we very often see a jumping to legislate before the evidence is there, and then a backtracking on a number of things. For example, we had a planning and infrastructure Bill being implemented before a devolution Bill, and that devolution Bill cancelled elections to enable things to be delivered, but the elections were then forced back on. It seems that this Government do not think through public policy properly, and I think the Bill is no exception.
It seems odd to me that the Government asked Philip Rycroft to conduct a review into election interference, but they have then introduced a Bill that is bringing forward a number of measures in the same field. As a result, the Bill may go through the vast majority of its parliamentary stages and then rely on secondary legislation, which is a concern that many professors outlined earlier.
Have you made any representations to other Ministers in the Department or to No. 10 for a delay in this legislation, so that the Rycroft review can report and develop recommendations? You could then come back to the House and form a cross-party Committee to see whether those recommendations can be implemented, rather than following this hotchpotch approach that will see the Bill passed, only for a review to then make a number of recommendations on the same subject matter. Does that not seem odd to you?
Samantha Dixon: Last July, the statement of policy was set out in Parliament, so there was quite a considerable amount of time before the introduction of the Bill. You have seen policy developing over that time.
The conviction of Nathan Gill, which is why the Secretary of State asked Philip Rycroft to undertake the review, was a pivotal moment that highlighted and brought together a number of the issues that the witnesses have talked about today. The Secretary of State set the terms of reference for that review very carefully, but I think that Philip Rycroft indicated that he would act with speed. While I have not met him to date, I know that many people have, including members of this Committee, because his door has been very open to those who want to talk to him. I anticipate that his recommendations will come forward soon, and it is the Government’s intention to listen closely and carefully to what he brings forward.
The Bill, as you will know from Second Reading, is a carry-over Bill, which gives us an opportunity, as we go forward, to consider the recommendations. It is likely that our Committee will finish around the time that we are prorogued, and that Report will come in the second Session of this Parliament. That pause is being provided to us by parliamentary time.
Q
I have one more question, which is about digital ID. Since this Government were elected, fairly and resoundingly, it has been clear that they have a problem with the previous Government’s measures on digital ID. Almost every witness today has outlined that the Government’s proposals on bank cards as a potential form of ID are not a good idea; they said that that would not increase security at polling stations or people’s security over their vote, but actually reduce it.
Will you listen to those witnesses and give a commitment to the Committee to go back to the Department and remove bank cards as an acceptable form of ID? Can you outline to the Committee how showing a card with a name on guarantees that the person who is turning up at the polling station is the named person, and how that is fundamentally different to the old system, where a polling card could be taken to a polling station and a vote be given out?
Samantha Dixon: I think that the integrity of the UK banking system is such that the possession of a bank card requires a degree of ID that is necessary and appropriate. We have to remember that prior to the 2022 Act, there was no ID requirement at all. We have also heard evidence that instances of fraud were extremely low. The introduction of the bank card ID is important because it is widely held by the population, in particular by under-represented groups including 16 and 17-year-olds. I have heard the evidence that the Committee has heard; none the less, I think the inclusion of UK-issued bank cards is an important addition to voter ID, and one that we should continue.
Q
One of the witnesses today suggested that you could have automatic enrolment to voter identification paperwork or digital ID; that is something we would support. What problem are you trying to solve in trying to bring in a bank card as a possible type of identification, when that does not prove your identity? A very minor number of people are affected by this. How much do you anticipate that a bank card will make a difference to the numbers we have heard about today?
Samantha Dixon: We are talking about people who have the right to vote, but are excluded from voting because they do not have the appropriate ID. Although I accept that many people have passports and driving licences, not all do, and many more people have bank cards. The legitimacy of the banking system in the UK means that those cards should be used by younger people in particular, but could be used by any person who wants to vote in person at a polling station.
I find it interesting that most of the people who we consider to be academics, and have made their life’s profession the integrity of the election system, are not in favour of it, but the Government are choosing to go ahead with it anyway. We will look at that further in line-by-line scrutiny. Thank you very much for your time this afternoon.
Lisa Smart
Q
It is clear from all the evidence we have heard today that all the witnesses welcome a number of the steps in the Bill, but a number of them expressed disappointment that the scope had been written so narrowly and that it does not stand up to the moment of crisis and peril that our democracy faces. If the Government think that first past the post is the right system, why not have a national commission on the voting system to test that thesis?
Samantha Dixon: The Government believe that the voting systems that we use to elect our representatives are really at the heart of our democracy; they are of fundamental importance. We welcome views and feedback on how democracy can be improved. I am grateful for the interest that you have shown in this particular area, but I can confirm that we are content with the voting system that we currently use in general elections, and we have no plans to establish such a commission.
For UK parliamentary elections, we believe that the first-past-the-post system establishes a really strong link between the constituency and the representative. Although it may not be perfect, we believe it is well understood by the electorate and the communities that we represent. When a seat needs to be filled in Parliament or a council, for example, that link between the representative and those they represent is important. First past the post is appropriate for that system.
There are occasions for other voting systems for wider electorates, and this Bill will make provision for them. For example, for a mayoral election, we are in the process of bringing forward legislation to revert that system back to supplementary voting. When it is a broader constituency—a mayoral area that may cover many constituencies—we accept that that voting system is more appropriate. But at this stage, for council wards and parliamentary constituencies, we remain of the view that first past the post is the best system.
Lisa Smart
Q
Samantha Dixon: The view of the Government is that companies that pass all of the other tests and want to donate to a political party may on occasion be in a position where they are not making profit. For example, if they are taking investment decisions across a particular year, which mean that they are in a non-profit situation but their revenue is still working, they should not be excluded from donating to the political system. That is why the Government’s view is that the test should be revenue, as well as the other tests in place, which we feel are very robust, around UK residency of the persons of particular interest but also the UK headquarters rules and the “know your donor” rules.
The raft of measures that we are introducing make it far more difficult, notwithstanding the evidence and views of those we have heard today. We feel that it brings in protections that currently are not there and will protect our electoral system. It may be that Philip Rycroft comes forward with measures around this, which we will listen to as well as the evidence that we have heard today.
Lisa Smart
Q
Samantha Dixon: We have not designed these measures around specific individuals. I am not sure that the hypothetical illustration that you have given would pass the “know your donor” test, but I am happy to come back to you on that point.
Q
Clause 47 is also silent on the use of virtual cards. We know many banks issue payment cards that are online, so quite a lot of people have their payment card on a mobile phone and do not have any physical item with them that would meet that standard. Are the Government open to amendments to clause 47 to try to address that and at least bring clarity to what is meant by a bank card, so that polling staff, who may have to have that conversation with people, know exactly where they stand?
Samantha Dixon: You mentioned digital ID. For example, we have introduced the digital veterans card as a form of ID. It has the holographic clock in it, which means that it cannot be screenshotted or used fraudulently.
Q
Samantha Dixon: Right. My point is that, where a digital ID has that holographic clock, it is possible that the Government would consider that measure. But I do not believe that digital bank cards currently do.
Katrina Murray
No, I will put the Minister out of her misery; hopefully, she can get to bed.
The Chair
On that basis, I call proceedings to a halt. Thank you, Minister, for your efforts. That brings us to the end of today’s session. I understand that the Government intend to amend the programme order.
Ordered,
That in paragraph (1) of the Sittings Motion agreed by the Committee on 18 March 2026, leave out line (b). —(Deirdre Costigan.)
Ordered, That further consideration be now adjourned. —(Deirdre Costigan.)
(3 weeks, 1 day ago)
Public Bill Committees
The Chair
I ask everyone to ensure that all electronic devices are turned off or switched to silent. We now begin line-by-line consideration of the Bill. The selection list for today’s sittings is available in the room and on the parliamentary website. It shows how the clauses, schedules and selected amendments have been grouped together for debate.
I remind those present that a Member who has put their name to the lead amendment in a group will be called first; for a debate on clause stand part, the Minister will be called first. Other Members are then free to indicate their wish to speak in that debate by bobbing. At the end of a debate on a group, I shall call again the Member who moved the lead amendment or new clause. Before they sit down, they will need to indicate whether they wish to withdraw the amendment or new clause, or to seek a decision.
If any Member wishes to press to a vote any non-lead amendment, new clause or new schedule in a group, they will need to let the Chair know. The order of decisions will follow the order in which amendments appear in the amendment paper. I hope that that explanation is helpful.
Clause 1
Extension of right to vote etc
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss amendment 33, in clause 80, page 100, line 15, at end insert—
“(1A) Part 1 does not come into force until the Secretary of State has laid a report before both Houses of Parliament that reviews why the age at which it would become legal to vote in parliamentary general elections should differ from the following—
(a) the age of majority in the Family Law Act 1969;
(b) any minimum ages specified in law which the Secretary of State considers appropriate to review.”
This amendment would prevent Part 1 of the Act coming into force until the Secretary of State had undertaken a review of the consistency of the age of majority with the age of voting set out in this Act.
It is a pleasure to serve under your chairship, Dr Allin-Khan. I look forward to discussing the finer details of this important Bill with members of the Committee.
Clause 1 extends the right to vote to 16 and 17-year-olds for UK parliamentary elections, Northern Ireland Assembly elections, local elections in England and Northern Ireland, local referenda in England, and police and crime commissioner elections, as well as ward elections in the City of London. The Government committed in their manifesto to increasing young people’s engagement in our vibrant democracy by giving 16 and 17-year-olds the right to vote in all UK elections. That will enable young people in England and Northern Ireland to join their peers in Scotland and Wales, who can already vote in local and devolved elections. The change is aligned with the aim that the Government set out in the national youth strategy to ensure that young people are “seen and heard”, and will build the foundations for people’s lifelong participation in our electoral processes.
Furthermore, the Government’s view is that once 16 and 17-year-olds are enfranchised, they should have the same rights and responsibilities as all other electors. For that reason, the clause also ensures that 16 and 17-year-olds are able to sign recall petitions, as all other electors are permitted to do. The clause will support the Government in our work to deliver on our commitments to young people, meaning that approximately 1.7 million eligible 16 and 17-year-olds will have a say in all UK elections for the very first time.
Amendment 33, which was tabled by the Opposition, would oblige the Secretary of State to publish a report on why the voting age for UK parliamentary elections should differ from the age of majority set out in the Family Law Reform Act 1969, which provided that
“a person shall attain full age on attaining the age of eighteen”.
Under the amendment, the report would also be required to include comparisons with other age limits that the Secretary of State deems appropriate, and would have to be published before voting rights could be extended to 16 and 17-year-olds.
The important question is not about what else a person can or cannot do at age 16, but whether 16 is the right age at which to be able to vote. This Government are clear that the answer is yes: 16 is the right age for a person to be able to exercise their democratic right. Extending the right to vote to 16 and 17-year-olds will allow them to have a say in the Government who shape their future, and will set them up for lifelong engagement in our democracy. Sixteen and 17-year-olds have views, which deserve to be represented, and engaging voters at a younger age will build the foundations for a lifetime of participation in our electoral processes.
Making decisions about the electoral franchise on the basis of comparisons to legislation made nearly 70 years ago is not, in the Government’s view, the way to build a democratic system fit for 2026 and beyond. The amendment would simply delay the delivery of a manifesto commitment that, given the response to the Opposition’s reasoned amendment on Second Reading, has already been shown to have the overwhelming support of the House. Accordingly, I ask the Opposition to withdraw their amendment.
It is a pleasure to serve under your chairmanship, Dr Allin-Khan. Good morning to you and to members of the Committee. I am pleased to see the Minister in her place, although I am slightly surprised that she has asked me to withdraw my amendment; I have not yet talked about why it is so brilliant. I hope that she will reconsider and look at the amendment again, although I doubt it.
Amendment 33 is in my name. At the heart of the issue lies a simple question about clause 1: when do we consider somebody to be an adult? In the United Kingdom, the answer has long been clear—at 18. That is the age at which full citizenship rights and responsibilities are granted. Voting—one of the most significant civic duties in a democracy—should remain tied to that threshold. Those who argue for lowering the voting age to 16 often claim that the issue is about fairness and inclusion, but that quickly unravels when we examine how 16 and 17-year-olds are treated under the law.
At 16, individuals cannot marry or join the armed forces without parental consent, and they are not permitted to buy alcohol, gamble, purchase cigarettes or even obtain certain financial services independently. Those are not arbitrary restrictions; they reflect a consistent legal and societal judgment that individuals under 18 are not yet fully mature adults. If we do not trust a 16-year-old to make decisions about alcohol, finance or personal safety, why should we trust them with decisions about the future of the nation?
Since the adoption of universal suffrage, taxation has never been the basis for enfranchisement in the United Kingdom, but the Prime Minister has stated that those who pay tax should be able to vote. Those aged 16 and 17 are explicitly exempted in law from paying council tax. Do advocates who say that 16-year-olds should be able to vote in local elections believe that that legal exemption should be removed, so that those aged 16 and 17 become liable for council tax? I suspect the answer is no.
Taxation already exists without direct representation for children. Everyone pays indirect taxes, such as VAT. For example, for children, VAT is levied on toys and sweets. Only a tiny number of those aged 16 and 17 actually pay income tax, especially given the Conservative Government’s increases to the income tax threshold. Those under 18 cannot obtain consumer credit, nor can they open a full bank account without a parent’s signature; that indicates how their financial rights are qualified.
There is also a striking inconsistency in the Government’s arguments for this change. On the one hand, they argue that 16-year-olds are mature enough to vote. On the other, they support policies that explicitly treat under-18s as children in need of protection: raising the legal age for buying knives, fireworks, cigarettes and even undergoing cosmetic procedures. Those contradictions suggest that the push to lower the voting age is not grounded in principle but in convenience.
Consider also the issue of responsibility. Voting is not just a right; it is part of a broader framework of civic duty, yet 16 and 17-year-olds are exempt from key responsibilities such as paying council tax, and only a small proportion pay income tax at all, as I have outlined. Historically, the right to vote in the UK has never been based on taxation alone, and it would be wrong to start now. We should also look internationally. The overwhelming majority of democracies, including the United States, Canada, Australia and New Zealand, set the voting age at 18. That is not a coincidence; it reflects a widely accepted understanding of adulthood.
Furthermore, the argument that lowering the voting age will increase long-term political engagement is not supported by strong evidence. Studies show that any increase in participation among younger voters tends to be short-lived, with no lasting impact on political involvement. In other words, the reform risks being a symbolic gesture rather than a meaningful improvement to democracy. A study looking at the effect of a lower voting age in Scotland, which was also cited by the Minister’s Department, advised:
“For engagement with politics beyond voting in elections, however, we find no lasting difference between young people who were eligible to vote at 16 versus 18. The experience of voting at age 16/17 did not make a difference in young people’s non-electoral engagement in early adulthood.”
It warned that any change in turnout might actually have been due to the polarising effect of the Scottish independence debate, rather than the voting age. It went on:
“Our results may reflect this to some extent as cohorts included in our sample of young people enfranchised at 16 came of age in the highly salient and polarised time around the 2014 independence referendum.”
Finally, we must consider where the logic leads. If we detach voting from the age of adulthood, then why stop at 16? Why not 15 or 14?
Sam Rushworth (Bishop Auckland) (Lab)
I smile at the idea that it is convenient for us to pass the law; it is never convenient to pass a law.
The hon. Gentleman has set out a number of ages at which people can do different things. Most people would agree that adulthood is not the flick of switch but a continuum. We do things at different stages; many would argue that voting is at the lower end and is one of the earliest things that we should do. That was the position of the Conservative party when it came to choosing three of our recent Prime Ministers; 15-year-old Conservative party members had more say over who was the Prime Minister of this land than the rest of us. Will the hon. Gentleman comment on that?
The difference between me and the hon. Gentleman is that I do not want to legislate for when people can become engaged in politics. Younger people can absolutely become engaged in politics and join a political party. As I think I have said previously, I love elections and I love politics. I joined the Conservative party at 15, and I have not regretted my decision—sometimes.
Engaging with a political party is absolutely acceptable. If the hon. Gentleman has a complaint about the system of younger people electing a party leader, then we can have a debate about that. But we cannot pick and choose different ages for when a person becomes an adult just because it is convenient. I contend that the reason why the Labour party brought this matter forward in its last manifesto is that it wanted to extend the coalition of voter that it thinks favours it politically. That is why the Bill has been presented and brought before the Committee today. I suspect that every Labour Member secretly knows that that is true.
Let us not pretend that this is a divine intervention of principle. It is being done because the Labour party wants to extend the coalition of voters that it suspects is more likely to vote for it in the election.
Sam Rushworth
Every political party has equal opportunity to appeal to every voter. Why does the hon. Gentleman feel that Labour party politics is more attractive to younger voters?
If the hon. Gentleman only dares to look at the polls from recent weeks, I suspect that he will find that his style of politics and his party’s politics are not attractive to 16-year-olds—they are voting for other parties because of the record of the current Government. But I do not want this to be a debate about how popular or unpopular the Government are.
Political parties can select the age of their memberships, but the Conservative party fundamentally believes that the age of majority should be made more consistent. When it comes to deciding the future of the country, 18—the age at which a person becomes a statutory adult and has the rights of citizenship—is the age at which people should engage as a citizen in the democratic process.
I understand if the hon. Gentleman disagrees with that, but many countries around the world disagree with him. I do not expect him to agree with my speech at all, but if we look at some of the reports that I have outlined and the statistics that have come out, we see that there is no evidence that voting at 16 increases participation rates in elections. My party will be in a minority of one in the vote on this issue because Members across the House have different views.
Warinder Juss (Wolverhampton West) (Lab)
Is the hon. Member aware that the evidence submitted by the Electoral Reform Society says that research has shown that the younger people are engaged in voting, the more likely they are to carry on voting later in their lives? What he has said about there being no evidence is not correct.
I thank the hon. Gentleman for his intervention, but look at the evidence that the Electoral Reform Society gave the Committee. It believes in a change of voting system and in reducing the age of the franchise to 16. However I have just cited evidence from a report from his Minister’s own Department; it states that there was no significant change in participation rates when the voting age was reduced in Scotland for the independence referendum—it was the polarising effect of the independence referendum that increased participation rates.
The hon. Gentleman has cited one source. Although the Electoral Reform Society is a very good organisation, I have a number of disagreements with what it said in Committee when we were cross-examining. It believes in changing the electoral system, in greater limits on political parties being able to maintain their business and in votes for 16-year-olds. That is not the Conservative party’s policy, and I hope I am setting out reasons why I do not think it should be the Government’s policy. There is evidence showing that there is not an overall increase in participation rates in general elections, or national elections, when the voting age is 16.
The Cambridge professor of politics, David Runciman, has argued for a voting age of six. He has said:
“we don’t apply a test of competence before granting the right to vote to anyone other than children. So why start with them? Setting imaginary tests before allowing enfranchisement is essentially a 19th-century idea.”
He goes on:
“I do believe in a very basic competence threshold, which is the ability to express a preference in the first place. Being in full-time education seems a reasonable way of establishing that”.
The Government have said that they do not intend to drop the candidacy age below 18. If they think somebody can vote, why do they not think that person should be able to stand in those elections? I will give way to any Labour Committee member who can explain to me why the Government have advocated for a drop in the voting age to 16 but do not want those people to stand in elections. Is it because of competency? Is it because, dare I suggest, the Government do not believe they are mature enough to stand in those elections?
Sam Rushworth
I am happy to share my personal view on that point with the hon. Member. As was mentioned a moment ago, growing up is not a moment that happens between one night and the next. It is a continuum, and different ages apply to different things; people have to wait until they are 21 to do some things. One vote is one grain of sand on the beach. It allows people to meaningfully participate in democracy. That is, of course, entirely different from actually being an elected representative themselves. To me, that is a fairly obvious point.
What I think is fairly obvious is that if there was consistency from the Government, someone’s being allowed to vote for their representatives would enable them to stand as a representative themselves.
I am a big fan of the hon. Gentleman’s and I want this Committee to be good tempered—as his colleagues will know from previous Bill Committees, I am a very good tempered individual. However, I politely suggest that the hon. Gentleman wants to have his cake and eat it. He is again saying that there are variations of participation. He is proposing to open up the franchise to 16-year-olds in the election of Members to this place and the Government of the United Kingdom, but he does not want them to stand in those elections and have that participation in democracy. In his intervention, I heard no solid reason why the Government do not believe younger people should be able to stand in those elections.
My hon. Friend is making an excellent case. I was elected as a councillor for the first time at the age of 22; at that time, someone had to be 21 to stand in local elections, although they could vote at 18. Inevitably, I think, the Government accepted the argument that there was a serious inconsistency if someone could vote in an election but was unable to stand in it. That goes to the point that my hon. Friend is making.
There is an old saying: “If you are not a socialist in your youth, you have no heart; if you are not a Conservative when you grow up, you have no brain.” Does my hon. Friend agree that this issue is solely about trying to garner the vote of 16-year-olds, not about a change based on principle?
I agree with my hon. Friend. I was a Conservative at 15—maybe that means I have just been completely stupid all through my life. [Interruption.] I said it—there is no need for an intervention on that! We know the reason why the Labour Government have brought this forward.
I was elected as a councillor at 19, and the voting age was 18. I was older than the voting age at the time. The Government are criticising my party on why we do not believe there should be voting at 16, but I ask the Minister again—perhaps she will respond in her winding up—why the Government do not believe that 16-year-olds should be able to stand in an election for the Government of the United Kingdom if they are enfranchised to vote in such an election. I contend it is because they want the votes, but they do not want them to be able to stand, because they do not believe they are mature enough and—dare I say—adult enough to do so.
The contention that the Minister has brought to the Committee is flawed. We cannot pick and choose when we believe a child becomes an adult to participate in part of the democratic process, and not include in the legislation the ability for them to stand in those elections.
Amendment 33 simply tries to urge the Government to review the mess of the age of majority in this country. If we legislate to have votes at 16, that is fine. I think I am pretty down with the kids when I go on school visits—I see there is no comment on that—and my party and I will absolutely make sure that we become presentable and popular and start talking about young people and the issues that they face—
Which is the point, the Minister says from a sedentary position, but it is our contention that we then need to look at the age of majority across the whole of the United Kingdom.
Does my hon. Friend recall the last Labour Government’s measures to raise the participation age? They took a very clear view that people at 16 were not mature enough to be trusted to leave school and start working life, and there was legislation compelling them to remain in education or employment-based training until the age of 18. Does that not give a very clear indication that this is a marked inconsistency—a departure?
If we were to have MPs and councillors at 16, they would be compelled to still be in education at the same time. That would require, for example, under the laws passed by the Labour party, Parliament to implement its own college system so that those 16-year-old MPs were able to continue their education while serving their constituencies.
What an interesting idea from my hon. Friend. It is one of his more radical suggestions, but he raises a serious point. The inconsistency of this Government’s approach to the age of majority is about to be made worse by this Bill.
If the Minister had come to the Committee this morning and said, “We are going to open a proper consultation and review on the age of majority”, that could be a starting basis for a genuine conversation in this country. At the moment, as my hon. Friend outlined, the Government are proposing to allow a 16-year-old to vote, but they have mandated them to stay in full-time education, meaning that they do not pay tax. They do not have that stake in the Government, because they do not pay those taxes. As I have outlined, the Prime Minister said himself that people who vote should be paying taxes. That would not be the case under this proposal.
My hon. Friend raises an interesting point on other aspects. The Government believe in 16-year-olds not being able to join the armed forces or secure a bank account without parental support, but they want them to be able to elect the Government of the United Kingdom, because it is convenient to them. It is a perfectly reasonable proposition to bring in votes at 16; it is perfectly reasonable, and I know many Labour Members genuinely believe that. I have no problem with them, but if they are going to do that, they should at least bring what a 16-year-old can do in society on to a level playing field.
The way this proposal has been brought forward, on the basis of the reasons given, with 16-year-olds not able to participate fully in the democratic process because they are not able to stand in the elections, suggests that this is more a cynical attempt than a pragmatic one.
Sam Rushworth
I feel that, particularly in the previous intervention, the Opposition are still tying themselves up in knots around the idea that the transition from childhood to adulthood has to happen within a millisecond of someone turning a particular age, rather than under-standing that there is a process of becoming an adult and we allow people different rights and responsibilities that are appropriate for those stages.
The hon. Gentleman asked why I feel that there is a difference between voting and standing to be elected. It is the difference between someone being able to choose a person to represent them and having to listen to and represent others. They are two different jobs. The Conservatives know that. I do not think the hon. Gentleman would tell me that he believes a 15-year-old should be Prime Minister, but they allowed 15-year-olds to elect who is our Prime Minister.
I do not think a 15-year-old should be allowed to be Prime Minister. The hon. Gentleman is advocating for a 16-year-old to be able to elect a Prime Minister and their Member of Parliament, but does not want them to have the equal right to stand as a candidate for Parliament. I understand his intervention, but he still has not told me why he thinks that the purposeful variance in this legislation is a good thing.
I have been very clear that I think the age to able to vote and become a Member of Parliament should be 18, because that is when somebody becomes an adult. Forgive me if I am wrong—I do not intend to put words in his mouth—but the hon. Gentleman said in his intervention that some bits of becoming an adult happen when we are younger and some when we are older. In legislation in this country, someone becomes an adult when they get citizenship rights at 18. This Government are changing that and making it slightly more blurred than it needs to be. That is why we oppose this clause.
I am sympathetic to the case put by the hon. Member for Bishop Auckland. I understand where he is going with it, but there is a distinction between the internal rules of political parties and the law of the land on electoral participation. Conservative party policy is that all members can vote to elect the leader of the party, but only those who have attained the age of majority can participate in elections to public office, whereas the Labour party recently changed its rules so that that only people over the age of 18 can participate in its internal processes for the same purpose. Does my hon. Friend think it is inconsistent for a political party to say internally that people have to be 18 to participate in leadership elections, but seek to allow 16-year-olds to vote in national public elections?
That goes to show the picking and choosing attitude of the Labour party when it comes to enfranchising younger people. They want to allow them to elect Members, but believe that 18 is the right age to vote their candidate selections and internal processes, so why are we suddenly discussing legislation proposing that 16-year-olds should have the right to vote? I am sure Labour Members will present a petition to the National Executive Committee, or whatever organisation represents them, to change the internal voting age. If they so believe in 16-year-olds electing national politicians in this country, perhaps they should believe in being selected by 16-year-olds too, although I do not see them jumping to take up that proposition.
I will wrap up shortly. The Government have said that they do not intend to drop the candidacy age below 18. We have had a vibrant discussion about that. Why do they think that those aged 16 or 17 are old enough to vote, but not old enough to stand for an elected body? Even if the Government do not think they can be MPs, why can they not represent smaller communities? Are they not capable of being local, parish or town councillors, or police and crime commissioners? The hon. Member for Bishop Auckland has advocated this clause. Does he therefore think a 16-year-old could represent their local parish or local town ward? Is there a variance in their ability to represent constituents in their local areas?
Warinder Juss
It is misguided to compare the ability to vote with being a representative. There is a huge step between someone having the right to decide who should represent them and being that representative themselves. Many people well beyond the age of 18 would be able to vote for their representative, but would not necessarily be in a position to be a representative themselves.
The hon. Gentleman is entitled to his view, but I do not think, if he looks inside himself, that he genuinely believes that 16-year-olds should not be allowed to stand in an election but should be able to vote in them. In his intervention, like many on the Government Benches, he arbitrarily decided in his head what a 16-year-old can do and what they are not quite ready for. I suggest that is intellectually at variance with what the Government are saying about a 16-year-old. I take his intervention with a pinch of salt because he himself is saying they are not ready.
The hon. Member for Bishop Auckland also said they are not ready to stand in the election. It is a big difference for someone to be able to represent the community they live in—but they can vote in it and elect someone to represent their community on their behalf. To put it mildly, that is intellectually at variance with the Government’s position, and I suggest that Labour Members do not really believe it is the case. Labour Ministers have not yet justified that variance—though that is understandable as the Minister has not yet spoken on this—other than to say that a lower voting age is about building long-lasting engagement.
The right to vote is one of the most important responsibilities in a society. It should be granted when an individual reaches full legal adulthood—when they are entrusted with the full range of rights and the responsibilities that come with them. We in the Conservative party contend that that age is 18. Lowering the voting age to 16 undermines that principle, introduces inconsistency and fails to deliver the benefits that its supporters promise.
Amendment 33 would prevent part 1 of the Bill coming into force until the Secretary of State has undertaken a review of the consistency of the age of majority with the age of voting set out in the Bill. It is not a troublesome amendment; this will have such profound impacts on other Government Departments and public services, and I genuinely do not believe the Government have thought of them. For example, each of us are privileged to represent a constituency in this place. We all go and visit our schools and younger people and we advocate, hopefully impartially—I am the biggest recruiter for the Hamble Valley Labour party that there could possibly be, and they all go and join once I have spoken to them.
When we go and speak to our younger people, we do so because we want to get them interested in politics, but nothing that this Government are proposing in this legislation would improve the education system to make sure that people have proper citizenship lessons and get that proper education through the national curriculum. Our teachers are doing their best, but many young people I talk to in schools are not getting that full, rounded citizenship education from the very early age that they should be if the Government are to implement these provisions.
That is an inconsistency in the Government’s approach, so we think there should be a review on a cross-departmental basis to see what that age of majority should be and what resources, from any Government Department, should be working towards if this legislation is passed and the voting age is reduced. That is the aim of amendment 33. We have set out our position, perhaps not as clearly as I would have hoped, but we have had a good debate on it. We will oppose clause 1 because we do not believe that the voting age should be 16; we believe the age of majority is 18, and that that is where it should stay.
Lisa Smart (Hazel Grove) (LD)
It is a pleasure to serve under your chairship, Dr Allin-Khan. The Liberal Democrats support the general direction of the Bill and want to help the Government to get it right and, where we feel it falls short, be more ambitious. We remain particularly disappointed that the Bill contains no steps towards electoral reform and feel that it fails to take the opportunity that the moment presents. However, we will conduct ourselves in a constructive manner throughout this Committee.
The Liberal Democrats strongly support extending the franchise to 16 and 17-year-olds. Young people can work and care for family members and are profoundly affected by policy decisions. In every single manifesto since 2001, the Liberal Democrats have supported votes at 16. In the 2010 policy paper “Free to be Young”, which was voted on by the party conference, we decided that
“when you are old enough to get married or join the armed forces, you are old enough to vote”.
We also affirmed that the Liberal Democrats,
“would empower young people with full political rights at 16”,
and we reaffirmed this most recently in our 2024 manifesto.
We will not support amendment 33, tabled by the official Opposition. We feel that it is an attempt to delay and obstruct votes at 16, which is a long-standing Lib Dem policy. We believe it is a delaying mechanism and not a genuine policy question. We feel that the age of majority argument is a red herring, as 16 and 17-year-olds already exercise significant legal rights and responsibilities. Inconsistency in voting ages is not a new problem requiring a review, as the voting age already differs across different types of elections, whether local, devolved or national. Voting at 16 applies already in Scotland and Wales for devolved elections; I have not spotted a particular constitutional crisis brought about by that. The amendment implies a problem that does not exist, and the Liberal Democrats will not support it.
Dr Ellie Chowns (North Herefordshire) (Green)
It is a pleasure to serve under your chairship, Dr Allin-Khan. I am delighted to speak on a Bill of such huge importance. I am also delighted to be speaking so positively in support of clause 1. I might have some constructive suggestions to make on further clauses, but I warmly welcome the long-overdue legislative change for votes at 16. The extension of the franchise to 16 and 17-year-olds will be hugely positive for our young people and for our democracy. It will be good for voter registration and turnout. It will help to embed healthy democratic habits in young adulthood that will continue into adulthood. It is vital that the voices of young people are giving the respect and the democratic space that they deserve.
Voting is a healthy habit that we want young people to form early on. Engaging younger voters in the process of voting creates positive habits for the future. Hon. Members will know that in 2024, turnout in the general election was just 59.9%—narrowly avoiding the 2001 historic low of 59.4%. Not only are too many voters not turning out; the turnout gap between younger and older voters has been expanding. We see lower levels of turnout in constituencies that have larger proportions of young people.
Introducing votes at 16 creates an opportunity to improve democratic education, providing a chance to create a seamless transition from learning about and discussing politics in the classroom to engaging in local and national elections. Research has shown that the earlier young people are engaged in voting, the more likely they are to carry on voting later in their lives. In Austria, Scotland and Germany, those who were enfranchised at 16 or 17 were more likely to turn out to vote into their twenties, compared with those who first voted at 18.
Enfranchised 16 and 17-year-olds also tend to turn out to vote in greater numbers than those voting for the first time who are aged 18 and over. That is likely because younger voters are better supported through their first experience of voting while they are at home and in education. By the time those who are 18 or older first vote, many will have already left home—for example, having gone to university—and are likely to be moving home more frequently, and may find it harder to register to vote or know where to vote. Registration levels for 18 and 19-year-olds are just 60%, compared with 96% of those aged 65 and over.
The main arguments being advanced against expanding the franchise are that 16 and 17-year-olds are not considered adults in many legal circumstances, such as in criminal law. We have heard comments today about the concept of full legal adulthood. The suggestion is that lowering the voting age conflicts with other legal thresholds of adulthood, such as restrictions on alcohol, gambling and jury service. I point out that adulthood starts in a phased way from 16, as 16-year-olds will pay tax, 17-year-olds can drive a car, and the majority of things that we prohibit 16 and 17-year-olds from doing are public health-faced, such as drinking and gambling. They are aimed at preventing people from developing unhealthy and potentially harmful habits.
On the hon. Lady’s point about consistency, we often hear about the age at which one can purchase alcohol on licensed premises, but that is not a restriction that applies at home, so there is a significant inconsistency. Essentially, one is free under the laws of this land to consume alcohol at home from the age of 5. That is what the law says; one simply cannot purchase it on licensed premises. It is not the case that 16 is the point at which this becomes part of a consistent approach in the way that the hon. Lady describes.
Dr Chowns
I think the hon. Gentleman is in effect making my point for me, which is that adulthood starts in a phased way. There is no simple black-and-white cut-off at which things change from one night to the next. In society, we recognise that many aspects of growing up are part of a process. Voting is clearly a healthy, positive habit, and lowering the voting age to 16 and 17-year-olds will help to support their development.
The 16 and 17-year-olds whom I know and meet are thoughtful, interested and interesting. Their thoughts are worth having and are worth listening to. Their voice matters, and I want to know what they think. They have very pertinent and sometimes unexpected views on the key debates and decisions occupying much of our time in Parliament.
If we take the grotesquely unfair rip-off system of student funding, with the deeply unfair loans that young people wanting to go to university must take out unless they are exceptionally wealthy, 16 and 17-year-olds are thinking now about those loans as they think about whether university is for them. If we take the debate on whether social media should be banned for those under 16, these people can really tell us what it is like and how it affects them. If we take the debates we have had in Parliament on decriminalising abortion and any number of other vital issues, including the state of the planet and what that means for our futures, young people’s lives are the most affected by the decisions elected representatives take and they will have to live with the consequences of those votes for longer than any of us.
Warinder Juss
I want to reiterate what the hon. Member has said. In my experience, the younger the person the more politically engaged they appear to be. I spend so much time going into schools, and I find that younger people are more concerned about the environment than anyone else. I have more emails and letters from schoolchildren about climate change than I have from anyone else. So it is really important that we take that political engagement on board and give them a right to vote at 16.
Dr Chowns
I completely agree with the hon. Member. It is interesting that young people are often better able to engage with climate change than many of us who are older and are preoccupied with the short-term issues right in front of us.
I agree with my hon. Friend the Member for Hazel Grove that we need a proportional voting system so that everybody’s votes are equally taken into account. That would enable us to make policy in a way that focuses more on the longer term and the investments we should make on a generational basis, rather than people, under the first-past-the-post system, being so focused on short-term decision making and on the next general election. Young people are concerned about what sort of world they will inherit—what the world will be like when they are 50—and they are going to have to live with the decisions we make for a very long time.
I want to speak briefly about trust in politics. Giving young people votes at 16 tells them that their voices, votes and views are valued, and this really does matter. The 2024 British social attitudes survey, conducted after the general election that year, recorded a new low level of trust, with only 12% of people saying they trust Governments to put the interests of the country above those of their own party. Votes at 16 would be a really valuable sign of trust in and respect for our young people, which is a healthy and important part of defending and bolstering our democracy. At a time when division and polarisation are unfortunately flourishing, it is vital to work with and support young people to make their voices heard, because they do want to bring the country together.
There is positive evidence for extending the franchise to 16 and 17-year-olds. For example, younger voters in Germany have had a positive impact on family discussions of politics. In a number of countries, 16 and 17-year-olds already have the vote. As has been mentioned, it is also the norm for many voters in the UK. Scottish and Welsh 16 and 17-year-olds are already enfranchised to vote in devolved and local elections, and I would love those in England and Northern Ireland to have the same rights.
In conclusion, enfranchising 16 and 17-year-olds would not drastically change the electoral landscape, but it would allow young people to have a voice in the decisions that are made for them every day at local, regional and national level. It is also a golden opportunity to improve democratic education, which I believe we will have a chance to discuss that in more depth later in our line-by-line scrutiny, as well as to register young people to vote and to embed that deep democratic respect for the right to vote. I congratulate the Government on taking this forward. Lowering the franchise is a really important opportunity to nurture more active citizens for the future. I will be absolutely delighted to vote for clause 1, giving 16 and 17-year-olds the vote, so we can positively engage the next generation in politics and improve the health of our democracy.
Lewis Cocking (Broxbourne) (Con)
It is a pleasure to serve under your chairmanship, Dr Allin-Khan.
We are coming at this debate in the wrong way. We need to look at when someone becomes an adult in this country, rather than at an arbitrary age at which it is acceptable to vote. The last Labour Government obviously thought that people become adults at 18. I remember that some people in my school year could buy cigarettes, at 16, and the last Labour Government raised that to 18. I would have supported that at the time, but the last Labour Government’s principle was obviously that adulthood started at 18 rather than 16.
The Liberal Democrat spokesperson, the hon. Member for Hazel Grove, said that someone can join the Army, RAF or Navy at 16. That is true, but they cannot be deployed on the frontline. A consequence of the Bill could therefore be that somebody can vote for a party or a Prime Minister of this country, which then, heaven forbid, has to send troops to the frontline, where they themselves cannot go, even though they are theoretically voting to send other people there. That is a difficult and challenging situation. We need to look at other age limits, whether for smoking, going to the frontline or driving. They all need to come at the age that someone becomes an adult.
Sam Rushworth
Is the hon. Gentleman suggesting that everything should happen at exactly the same age? For example, people have to be 21 to adopt or pilot a plane. Is he suggesting that we should lower those age limits? The age of consent for sex is 16. Is he suggesting that that be elevated to 18? The point he seems to be making is that everything must happen at once.
Lewis Cocking
I am arguing that, if we want to lower the voting age, we need to have a debate about when someone becomes an adult. We can absolutely have that debate, and if the Government decide that we want votes at 16, we need to consider a number of other age limits. I would not change any of them, and I would not reduce the voting age to 16, because I believe that people should be able to vote when they become an adult, at 18. If the Government intend to change that, we need to consider lots of other age limits. As I just pointed out, the last Labour Government obviously believed that people become adults at 18. That is why they raised the smoking age, and why they introduced legislation to ensure that people could not leave school and just do nothing, so that people now have to stay in education, training or employment until the age of 18. How can someone go out and vote for me to have certain rights when they do not have those rights themselves? That needs to be looked at.
As has already been asked, why has the Labour party’s national executive committee raised to 18 the age limit for voting in some party official elections and standing for some of those posts? That is nonsense. The Labour party is saying that people can vote for their MPs, but cannot vote in internal party elections, or stand for some of those positions, until they are 18. That is absolute nonsense.
I support amendment 33, in the name of the shadow Minister, because it would make the Government think again. As I said, we need to look at these age limits as a whole. We need to look at the age someone becomes an adult in this country, rather than at an arbitrary figure.
The Minister said that she wanted consistency. If the Government are successful in lowering the voting age to 16, then of course, to make this consistent, people should be able to vote in recall petitions. But she should then go a step further, by allowing people to stand. If we trust young people, at the age of 16, to cast their ballots for someone to represent them, they should be able to stand as well. There have been a number of contributions on whether someone should be able to stand. What is the difference between listening to somebody who wants our vote and listening to someone whose vote we have, and whose constituency casework we need to deal with? That is the same skillset: listening, developing policy, thinking about what to do and thinking about legislation to bring forward. I will never know how one can argue that the age limit for one of those should be 18 and the other 16.
I do not support lowering the voting age, and I will oppose clause 1. If the Government intend to lower the voting age, I urge them to look at when someone becomes an adult in this country. This Bill will have unintended consequences. If the Government deem that 16 is when someone becomes an adult in this country, we need to have a wider discussion about what other legislation will need to be changed.
I thank Members for such a constructive debate. I come back to the original point that I made: the important question is not what else someone can or cannot do, but whether 16 is the right age to vote. The Government are clear that the answer is yes, it is the right age to be able to exercise a democratic right. It will allow 16 and 17-year-olds to have a say in the Government that shapes their future and sets them up for a long engagement in democracy.
Turning to issues raised in the debate, the hon. Member for Hamble Valley pointed out that there is no single definition of age at which someone becomes an adult. As my hon. Friend the Member for Bishop Auckland ably pointed out, the idea that 18 is a standard age of adulthood is a misconception. Different age limits are applied in different circumstances, which is quite right. “One size fits all” solutions almost always mean “one size fits none”.
On the issue of representation, my hon. Friend the Member for Wolverhampton West made this point very ably: the act of casting a vote is not the same as representing voters. It is perfectly reasonable for different requirements to apply. We will be following the line of Scotland and Wales where representation is allowed from the age of 18. On education, to speak to amendment 33, the Government are already working with the Electoral Commission, the devolved Governments, the electoral sector and civil society organisations to prepare people to exercise their democratic rights. That, combined with the Government’s national youth strategy and the improved curriculum and programmes of study in England following the curriculum and assessment review, will make sure that young people are not only given the means to make their voice heard, but are empowered and motivated to do so.
Last November, the Department for Education committed to make citizenship compulsory in primary schools in England and to revise programmes of study to make sure that pupils receive an essential grounding in a range of topics, including democracy, Government and law. The hon. Member for Hamble Valley, who joined his political party at the age of 15, has given a very pertinent demonstration of why young people are perfectly capable of exercising their rights, engaging politically, and participating in our democracy. We want to extend those rights to 16 and 17-year-olds, because too often young people are ignored by politicians. The policies of the parties that put representatives forward do not take account of the views of those young people. And it is the young people themselves who have the most at stake.
I am reminded of my own daughter, who at the age of 16 was unable to vote in the Brexit referendum, like many of her classmates in that school year. Ten years later, that is an absence that they feel very keenly. Their participation is healthy for our democracy and our political parties, and they should be able to vote.
Question put, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 9—Voting eligibility of convicted persons in detention—
“(1) RPA 1983 is amended as set out in subsections (2) to (4).
(2) In section 3 (disfranchisement of offenders in prison etc.), for subsection (1) substitute—
‘(1) A convicted person, during the time that they are detained in a penal institution in pursuance of a sentence imposed for a term exceeding four years or unlawfully at large when they would otherwise be so detained, is legally incapable of voting at any parliamentary or local government election.’
(3) Omit subsection (1A).
(4) In subsection 1B for “1A” substitute ‘1’.”
The new clause seeks to extend the franchise at UK Parliamentary and local government elections to include those serving a custodial sentence not exceeding four years and who would ordinarily be eligible.
I now move on to clause 2, which extends to 16 and 17-year-olds the existing legal incapacity to vote that applies to convicted prisoners—with the exception of those imprisoned for contempt of court or in default of paying a court-imposed fine. It is right that those convicted of a crime and serving a sentence in custody cannot vote. The provisions in this Bill simply reflect that well-established position and ensure that 16 and 17-year-olds are treated the same as all other electors. That is in keeping with the core principle of the policy that 16 and 17-year-olds must have the same rights and responsibilities as all other electors. That must include being accountable for their actions, including their disenfranchisement upon being convicted of a crime and serving a sentence in custody.
To give effect to this intention, this clause ensures that the relevant definitions of youth detention accommodation account for all of the institutions in which convicted prisoners aged 16 and 17 may be held. I would like to draw hon. and right hon. Members’ attention to the part of the clause relating to secure children’s homes. It is important to note that this does not have the effect of disenfranchising a young person who is not a convicted prisoner but who is resident in a secure children’s home.
The application of this clause ensures that young convicted prisoners may not vote in UK parliamentary elections, police and crime commissioner elections, elections to the Northern Ireland Assembly, and all local elections in England or Northern Ireland. However, these provisions do not apply to elections for which responsibility is devolved, that is, elections to the Senedd Cymru, Scottish Parliament or local elections in Wales or Scotland.
I will also speak to new clause 9, tabled by the Green party. This new clause is intended to allow convicted prisoners serving a sentence of up to four years to vote. The Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody should not be able to vote. We have no plans to extend the franchise to prisoners. I understand that the hon. Member for Brighton Pavilion, who tabled this amendment, and her party advocate for a restorative approach to justice, and the Government agree that rehabilitation is an important part of the justice system. Prisoners must be prepared to return to society.
As the Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for Tottenham (Mr Lammy), said during the passage of the recent Sentencing Act 2026, the Government wish to ensure the justice system rehabilitates and turns offenders away from crime. It is important to note in this context that that Act introduced a presumption to suspend short custodial sentences of 12 months or fewer, unless an offender has breached a court order, there is a significant risk of harm to an individual, or there are exceptional circumstances.
Rehabilitation is not the only part of our justice system. Justice is also about delivering appropriate and proportionate punishment for individuals who have committed crimes where the crime committed is grave enough to warrant imprisonment. The Government are clear that part of that punishment should include the loss of the right to vote.
The new clause aims to grant voting rights to those serving sentences of up to four years, and would allow individuals who had committed serious offences to cast ballots. Such a change would be disproportionate and would water down the important principle that prison sentences are there to punish behaviour that we as a nation have decided is not welcome in our society. I therefore ask the hon. Member for Brighton Pavilion to withdraw the new clause, and I commend clause 2 to the Committee.
We welcome the Minister’s speech on this clause, and we agree entirely with her remarks.
Clause 2, as the Minister has outlined, extends the disenfranchisement of convicted prisoners to include 16 and 17-year-olds detained in youth custody. It is consistent with the long-established principle in UK law that individuals serving custodial sentences have temporarily limited civic rights. The extension to youth detention simply aligns 16 and 17-year-olds with the framework that already applies to adults, ensuring that the law treats those in secure detention in a consistent manner, regardless of age. While 16 and 17-year-olds are generally recognised as sufficiently mature to vote under the legislation, that recognition does not automatically override the legal consequences of being placed in detention, where participation in normal civic life is restricted for reasons of accountability, public protection and rehabilitation.
We believe the Government have made the right decision. If the Bill goes through and the voting age is reduced, it is absolutely right to align it with the legislation that extends to such people. When someone commits a crime and faces a custodial sentence, I believe that there should be rehabilitation and education, which are crucial parts of the prison system. However, the fundamental right to participate in civic life is taken away when someone receives a custodial sentence in this country, which includes the right to vote and participate in electing a Government. That punishment has been sacrosanct within the criminal justice system for hundreds of years, and the Opposition believe that it should continue, so we wholly welcome the alignment of the Bill with current legislation.
I turn to new clause 9, which was tabled by the hon. Member for Brighton Pavilion (Siân Berry). The Minister rightly outlined that it would extend the franchise to those serving a custodial sentence not exceeding four years, and who would ordinarily be eligible, and I think her response was absolutely spot on. No member of this Committee, or any Member in the main Chamber, would ever say, “Once you go to prison, you do not have the right to restorative justice, or the right to make something of your life again.” There is a fundamental principle in UK society when we make a mistake: you do the crime, and you do the time. We pay our debt back to society, and we then have the right to rehabilitate ourselves and make the most of our lives.
There is a fundamental difference if someone is put in prison for a custodial sentence, particularly one of up to four years, as the person has likely committed quite a serious crime to deserve that. It seems right to me that a punishment for that is the person being removed as an active participant in society, including having the right to vote for an elected Government or locally elected representatives.
This issue has been contentious for many years. When I worked for the last Conservative Government, before I was elected as the MP for Eastleigh, the European Union made an overt attempt to punish the United Kingdom for not aligning our custodial laws and voting laws with its mainstream recommendations; that was vehemently resisted by the Government at the time. Correct me if I am wrong—I am looking to the Liberal Democrat spokesperson to help me out—but I think that happened during the coalition Government.
We resisted that attempt to punish the United Kingdom, because we believe a dividing line is that, if someone goes away and is put in prison for a crime, they should not be able to participate. The Opposition wholly stand by clause 2, and we do not support new clause 9. If the new clause is pushed to a Division—I know the procedures mean that votes on new clauses will happen another time—we will vote against it.
Lisa Smart
The Liberal Democrats believe that voting is a fundamental democratic right, not a privilege to be earned on release. We champion the right to vote, and we are opposed to this disenfranchisement. We also believe that every unnecessary restriction on the franchise weakens democratic legitimacy.
Prisoners serving short sentences will, in most cases, be released within the lifetime of a Parliament, so they have a direct stake in the laws passed by the MPs they help to elect. Denying that stake feels arbitrary. We are also committed to the Human Rights Act and the European convention on human rights, and we believe that other laws we pass here should sit comfortably alongside them.
On new clause 9, we feel that the proposed threshold is arbitrary, and we are unclear why four years has been chosen as the cut-off. If the hon. Member for North Herefordshire could explain that, it would be extremely helpful. As things stand, without understanding why four years has been chosen, we will not support new clause 9.
We believe that the rules that apply to the franchise should impact 16 and 17-year-olds in exactly the same way that they impact those who are 18 and above, so we will support clause 2.
Dr Chowns
I rise to speak to new clause 9 in the name of my hon. Friend the Member for Brighton Pavilion, and to oppose clause 2 stand part.
New clause 9 seeks to extend voting rights to prisoners serving sentences of four years or less. That is the sentence length at which a prisoner would traditionally have been eligible for release after serving half their sentence. Extending the franchise to more people in prison would widen civic participation, strengthen our democracy and aid rehabilitation.
Andrew Lewin (Welwyn Hatfield) (Lab)
I just want to clarify my understanding of the Green party’s policy position. I have been looking at the Sentencing Council guidelines, and typically a person convicted of racially or religiously aggravated assault serves two years in prison. Is it the Green party’s position that those people should be allowed to vote in a general election?
Dr Chowns
I have made my position about the new clause clear, but perhaps this is a good moment to discuss a point that I was going to come to later. Various points have been made about the importance of restorative justice and rehabilitation. Imprisonment is a punishment for something that somebody has done wrong. There is a wide variety of things that people may have done wrong and for which they are rightly imprisoned, but should we not use the opportunity of a person’s imprisonment to support, encourage and reward prosocial behaviour?
Voting is prosocial behaviour that helps to integrate and rehabilitate the person and connect them back to the society from which they have become estranged through their crime. We encourage prisoners to use libraries to engage in educational opportunities and a whole range of other prosocial activities. In the same way, should we not encourage prisoners to engage in voting?
Andrew Lewin
I am grateful for the tenor of the debate. The hon. Lady talks about the connection to society, but I ask that she considers the victim for a minute. Let us stick with my example. Very sadly, we are seeing cases of religiously aggravated assault rising in this country, particularly relating to the Jewish and Muslim communities. Just this week, we saw the horrific example of the attack on ambulances. What does she think will happen if the victim learns that the perpetrator of the crime is allowed to vote? Does she think that is right?
Dr Chowns
I thank the hon. Gentleman for that intervention, although I am disappointed by his tone and what appears to be a politically motivated attempt to score points rather than to engage with the substance of the debate, which is about whether prisoners should be encouraged to vote.
Whether somebody is a victim of a racially aggravated assault, a rape or any other horrific crime, if the perpetrator receives a sentence that comes within the framework of the new clause—I very much hope that it would not be less than four years for a serious crime—we should encourage that perpetrator to participate in voting in the same way as we encourage prisoners to participate in other prosocial behaviours. That is done very widely in many other countries. Imprisonment is the punishment to the individual. The question is whether we should prevent those individuals from engaging in rehabilitative behaviours that reconnect them with society.
Warinder Juss
I am a member of the Justice Committee, and my biggest focus is rehabilitation and resettlement. I take the hon. Lady’s view that rehabilitation is extremely important, and that that is the way that we stop reoffending. But as someone who grew up suffering a lot of racist abuse—physical and verbal—I would be very affronted if somebody who had committed a racial crime against me was then allowed to vote, because going to prison is not only about rehabilitation but is a punishment. It is important that we do not lose sight of that fact. I am stating my personal position, bearing victims in mind. If somebody had committed a racial crime against me and they were given the same right to vote as anybody else I would feel very insulted.
Dr Chowns
I confess that I am a little puzzled at the questions that are being raised about specific types of crime. I am not sure whether hon. Members are suggesting that particular types of crime, for example those motivated by racial hatred, should be treated in a particular way in relation to voting, or whether they are simply objecting to the idea of any prisoner being allowed to vote. By raising one particular type of crime in making arguments against the new clause hon. Members are not, sadly, engaging with the substance of the argument that I am making.
By way of background—as has been mentioned—in 2005 the European Court of Human Rights ruled that the UK’s blanket ban on voting rights was unlawful. In 2017 the UK therefore extended the right to vote to prisoners on remand, civil prisoners—normally those in prison for failure to pay fines on time—and offenders on home detention curfew or released on temporary licence. However, that did not go far enough. The strength of our democracy is determined by how many of us participate in it. Against a backdrop of declining trust in our institutions and in democracy, that is more vital than ever. Not only are more than 21,000 people missing out on a key democratic right, they are having their chances of rehabilitation and resettlement harmed. Studies have shown the positive impact that democratic participation by people in prison has on rehabilitation and resettlement. Prisoners who keep the right to vote have an enhanced sense of civic responsibility and are more likely to be successfully reintegrated following release.
Let us consider other countries. In Guernsey all prisoners have had the right to vote since 1996. In Jersey, all prisoners serving a sentence of less than four years keep their right to vote, and in 2025 plans were announced to extend the right to vote to all prisoners. All prisoners in Ireland can vote by post. Across Europe, all prisoners have the right to vote—in Croatia, the Czech Republic, Denmark, Finland, Latvia, Lithuania, Macedonia, Montenegro, Serbia, Spain, Sweden, Switzerland and Ukraine. In France, disenfranchisement is considered as an additional penalty in some sentences, however the vast majority of prisoners retain the right to vote. In Germany, all prisoners retain the right to vote unless they have been convicted of an offence targeting the state or democracy. It is clear that the UK’s ban on prisoners voting makes us a real outlier among comparable countries.
Clause 2 provides for the disenfranchisement of detained 16 and 17-year-olds. I am profoundly opposed to that and would like to see the clause removed, because fostering civic responsibility, civic pride and involvement is particularly important for young people aged 16 and 17 who are in custody—that is, about 420 young people at any one time. Any young person in that position is likely to have been badly let down. That point was made last year by the Children’s Commissioner, who in 2025 published an important report, “The educational journeys of children in secure settings”. She found that children in youth custody are “failed before they arrive” and trapped
“in a cycle of disadvantage”.
The Commissioner made it clear that such young people faced
“disrupted education, low English and maths skills, unmet additional needs and high levels of exclusion, compounded by poverty”.
She also found that
“children in prison have been failed by multiple services long before they arrive in custody, and their time in the justice system worsens their disadvantages and limits future opportunities.”
I believe that it is wrong to cut those children—those young people—out of the voting process. They will know more about the failings of the state than many over-18s and their voices should be heard. The Bill is an opportunity to include them and to commit to supporting them to exercise their right to vote, which is a healthy habit that we should support and encourage all members of our society to engage in. As well as being right and fair, such inclusion, coupled with the right support and training for those who look after and educate them, could be a very positive part of their rehabilitation. I sincerely hope that the Minister will closely consider that in the context of clause 2.
It is clear that the current voting system for prisoners in the UK needs urgent reform. New clause 9 provides us with an opportunity to talk about how to fix that broken system by normalising democratic participation in our prisons, as so many other comparable countries do; strengthening civic society; restoring faith in our democracy; and supporting rehabilitation among some of the marginalised people in the UK, including some of our most disadvantaged young people.
I will speak briefly, because I spoke to new clause 9 before the speech made by the hon. Member for North Herefordshire. During the course of the debate, I heard a couple of things that I wanted to come back on. I thank the Committee for indulging me; I will be very quick.
There is absolutely no difference between my party and that of the hon. Member for North Herefordshire in advocating for the rehabilitation of the individual who is in the prison and criminal justice system. That is also the stated position of the Government. I was pleased to hear the passionate intervention from the hon. Member for Wolverhampton West, which was filled with conviction. I was disappointed, however, with the tone that the hon. Member for North Herefordshire took in responding to the hon. Members for Wolverhampton West and for Welwyn Hatfield. The former, having been through horrific prejudice growing up, and the latter, as an advocate, asked the hon. Lady about a crime that falls within the arbitrary four-year sentence proposed in new clause 9, tabled by the hon. Member for Brighton Pavilion.
There are many crimes for which someone can be issued a custodial sentence of four years that—I hope that the hon. Member for Wolverhampton West takes this in the right way—could be perceived as worse than the racially aggravated assault case that the hon. Member for Welwyn Hatfield mentioned, such as sexual assault. Many people are put away for less than four years for sexual assault. They would be able to vote under the proposals in new clause 9. The hon. Member for North Herefordshire said that those Members mentioned that crime to make a political point, but their point directly addresses the proposal from the hon. Member for Brighton Pavilion to set the sentence threshold at four years. If the threshold were six months, or anything less than four years, we could openly discuss that, but the crimes encompassed within a custodial sentence of four years can be some of the most serious perpetrated against victims.
I believe that everything the hon. Member for North Herefordshire does is well intentioned and principled. There is no doubt about that, and it should never be intimated that I take a different view. Members feel, however, that they have to challenge the Green party’s position because of that arbitrary figure for a custodial sentence in their proposal. The hon. Lady should therefore expect to be questioned on some of the terrible Pandora’s boxes that will be opened by the people serving those custodial sentences.
Dr Chowns
As I outlined in my speech, in many comparable countries, all prisoners are permitted to vote. The proposal in new clause 9, tabled by my hon. Friend the Member for Brighton Pavilion, sets an arguably arbitrary cut-off date, but that is intended to offer balance.
As we have to some extent previously covered, if someone is sentenced to four years they still become eligible for early release. That does not lessen the terrible nature of their crime. If somebody is sentenced to four years, they are still eligible to participate in educational programmes, rehabilitation, and a whole range of things that are not in themselves punishments but are designed to assist that person to reintegrate into society. Surely we all, victims included, want to ensure that perpetrators of crime are reintegrated and rehabilitated and do not offend again? That is the driving force behind this new clause: to reduce crime by reconnecting to society people who have been convicted and imprisoned.
As I said at the beginning of my remarks, I do not doubt the hon. Lady’s intentions—or those of the hon. Member for Brighton Pavilion—in tabling the new clause. However, I put it to her again that the four-year figure is arbitrary. The core reason why so many people are concerned about this proposal is the plethora of cases that would be included under the four-year provision. She is absolutely right that many of those people who are sentenced to four years will be released after two. I disagree with that, but it is something that happens in the current justice system. The fact that they might be released early does not mean that they should be given the vote.
The hon. Lady mentioned something that I agree with: that people are entitled to use libraries, to learn, to undertake qualifications and to do other parts of rehabilitation. That is absolutely right; they should always be allowed to do that, because of the core belief in British society that they should be able to make their lives better. But they are doing that while locked away and playing no role in civic society. They are improving themselves and learning so that they can play a part in civic society once they have served their custodial term. That is the real difference between my party and hers. We believe that when someone receives a custodial sentence, they should be removed from civic society. They should be able to go through rehabilitation and make their life better, but that element of being removed from civic society and locked up is sacrosanct.
I think that new clause 9 comes from a good place, and we could have a wider discussion on greater involvement by somebody who receives a custodial sentence, but unfortunately, the sledgehammer-to-crack-a-nut attitude adopted by the hon. Member for Brighton Pavilion—we must consider the seriousness of the crimes that might fall under the threshold of a four-year custodial sentence—means that the victim is hugely let down and forgotten about. I apologise to the Committee, but I feel so passionate about the way in which the argument was made that I had to stand up and speak again. We will be opposing the new clause with, all right, only three Members, but if it comes back on Report, I urge Members from all parties, including that of the hon. Lady, to vote against it. It would represent a slow erosion of the punitive system that is meant to support victims. I do not believe this new clause supports victims.
The Government have a clear view on this issue: those convicted of a crime and serving a sentence in custody cannot vote. We have no plans to extend the franchise to prisoners.
The hon. Members for Hazel Grove and for North Herefordshire mentioned the European Court of Human Rights. The UK’s prisoner rights voting policy was very recently the subject of a judgment by that Court, and no violation was found. I am quite happy to share that judgment with Members should they wish to see it.
The provisions of the Bill simply reflect that policy, by accounting for all of the institutions in which convicted prisoners aged 16 and 17 may be held.
There is a high degree of cross-party agreement on this point, but I have a technical question. The Minister referred earlier to the status of secure accommodation for children. Such an order is made by the family court rather than the criminal court, but it is often handed down when a local authority youth justice team is concerned particularly about the risks of self-harm. Under existing legislation, any child who is in custody of any kind is de facto in the care of the local authority where they reside. Under the terms of the Bill, that local authority then has a duty to support those who may be in secure accommodation to access their vote.
Could the Minister briefly set out what discussions, if any, she has had with the Department for Education, which owns that children-in-care legislation, so that we have clarity about what arrangements would be in place so that a child who is in secure accommodation, of which there is a very limited amount, often some distance from someone’s home, is able to exercise their right to a vote, which they would retain under these provisions?
The issue that the hon. Gentleman raises is quite technical. I will provide him with the details. He is right that some convicted 16 to 17-year-olds, rather than being imprisoned in a young offender institution, are detained in secure children’s homes or secure training centres. Whether an individual is held in a young offender institution, a secure children’s home, a secure school or a secure training centre following conviction is not a direct reflection of the nature of their offence or determined by characteristics such as age.
It is possible for one individual who is convicted of a particular offence to be held in a young offender institution while an otherwise identical individual, who has committed the same offence, is held in a secure children’s home. Accordingly, it is appropriate and consistent to ensure that all convicted prisoners, regardless of their age or the institution in which they are held, should be prevented from voting. I will provide further details in writing, if that is acceptable to the hon. Member.
I thank hon. Members for their support for clause 2 and for the principle, which we are extending to 16 and 17-year-olds, that those held in secure accommodation and prison cannot vote—I think that is a well-understood principle, and it is one that we continue to support—and for their comments regarding new clause 9, which the Government will not be supporting.
Question put, That the clause stand part of the Bill.
Clause 3 will give young people the ability to register from the age of 14, before they have the right to vote at 16, ensuring that they are able to exercise their right to vote as soon as they reach voting age. I am sure that Members will agree that no young person should be unable to vote for the first time because there was insufficient time for them to be correctly registered to vote. The clause will ensure that all young people have the opportunity to vote, even if an election falls on or shortly after their 16th birthday, removing the chance that time to register is a barrier to participation.
The clause’s approach is consistent with the current rules, which allow some 16-year-olds, and all 17-year-olds, to register to vote. Importantly, it simplifies the current rule considerably by removing the complex December calculation, which is hard to explain and understand, in favour of a clear right to register from an individual’s 14th birthday. The December calculation will remain in place for devolved Welsh elections in accordance with existing devolved legislation. The clause enables the slightly different rules to work side by side.
I underline that the two-year window for registration ahead of someone’s turning 16 established by the clause also allows for enhanced links between the classroom and active engagement in our democracy, with the option for that to begin with the act of registering to vote.
It would be churlish of me to criticise these proposals. We have had a detailed debate on the principle about votes at 16, with which we vehemently disagree, but there is no reason why we should be difficult about the implementation of the system if the Government get their way. If the legislation passes and people are allowed to vote at 16, there is a vital need for them to be able to register in plenty of time and for it to be as easy as possible for them to do so. Therefore, we will not oppose the clause.
I ask this question of the Minister not to be tricky but for clarification: why should the registration age be 14 and not 15? I was going to say, “What’s the difference?” Obviously, the difference is 12 months, but why does it need to be permitted two years in advance, rather than just one, when someone is 15 and, I would argue, there is a bit more stability for them in the education system, given some of the things that come with being a 15-year-old in school?
The Minister is correct that the December calculation is hard to explain and understand, and fairly outdated, so we do not think that is an issue. We will not oppose the clause, and we see that it is perfectly reasonable, notwithstanding—I do not know whether Members have recognised this yet—that I absolutely oppose votes at 16.
I thank the hon. Member for his support. For attainment at the age of 18, we work with 16 and 17-year-olds, so the two-year rule will continue by convention. If I have anything to say that differs from that, I will share that with him.
This is, again, a bit of a technical question, but both my hon. Friend the Member for Hamble Valley and I served previously as lead members for children’s services, and one of the groups for whom this will be particularly relevant is those young people who may be in the care system because they are asylum seekers. My local authority has among the highest populations of unaccompanied asylum-seeking children in the country.
There are existing arrangements, but at the moment, because the voting age is 18, it is completely clear: someone is an adult in the system and their eligibility to attain their vote depends upon the determination of their claim. However, there is a significant population of young people who have age assessments that are being disputed, or for whom there are issues around where residence may take place and whether leave to remain will be granted, and therefore at what point the individual, not because of their age but because of their immigration or asylum status, will attain the right to vote. What discussions have there been with the Home Office, which owns that legislation, and potentially the Foreign Office, which may have sight of what arrangements are in place in the countries from which those young people may be moving to the United Kingdom, to ensure a degree of consistency and certainty?
I thank the hon. Member for his question on quite a complex issue. The right to vote is based on citizenship, so I would have to come back to him with further detail on those circumstances. We will come on to clauses that relate to children in the care of local authorities and their rights to register to vote, and to vote, but on that specific issue I think I will need to come back to him.
I am sure that everyone is aware that the arrangements with Ireland, for example, provide a degree of eligibility and commonality, not just in the electoral system but in all sorts of other areas. In terms of enfranchisement, we have eligible Commonwealth voters who may participate in our electoral system by virtue of their Commonwealth status. That does not apply to all countries in the Commonwealth, but it does apply to a significant number of them. It would be helpful if the Minister could address that issue too, particularly given that we can envisage, for example, service families from the military of an allied country—in my constituency, with HMS Warrior just over the border, we have a significant number of families who come from Canada and Australia and, indeed, Europe—who may be here for a period of time, which would mean that they fall within the scope of this legislation. It would be helpful to understand what arrangements are in place to ensure that they are treated fairly.
I will supply the hon. Member with that information, because it also applies to attainers who are living overseas. I commend the clause to the Committee.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Declarations of local connection: looked after children and detained persons
Question proposed, That the clause stand part of the Bill.
Clause 4 will ensure that the extension of the franchise works effectively for young people whose living arrangements do not fit the traditional model of a fixed or permanent address. Declarations of local connection already allow certain individuals to register to vote when they cannot reasonably be associated with a single permanent address. However, once the franchise is extended, it is important that young people are not excluded from participation simply because of the nature of their accommodation. The clause expands the circumstances in which a declaration of local connection may be made.
Members should be assured that the provision does not remove any existing eligibility requirements. It enables young people who are looked after by a local authority, who have previously been looked after, or who are kept in secure accommodation to register in a way that reflects a meaningful connection to an area. It is an important measure that ensures that young people in these circumstances are able to register in a way that reflects their living arrangements.
Clause 5 will ensure that the extension of the franchise properly supports service families. Service declarations exist to ensure that members of the armed forces, Crown servants and British Council employees are not disadvantaged in their ability to register to vote when serving overseas. However, once the franchise is extended to 16 and 17-year-olds, a gap would arise: the children of service voters who move with their families in service would not have access to the same registration mechanism.
The clause addresses that gap and enables children who reside with a service-voter parent or guardian to register using a service declaration. That registration will cease when the individual reaches the relevant age, which is 19 for UK parliamentary elections, Northern Ireland Assembly elections and local elections in England and Northern Ireland, and 18 for Scottish parliamentary elections, Senedd Cymru elections and local elections in Scotland and Wales.
To some extent, I have another version of my earlier question. In respect of children in care, within the provision there will need to be a process for registration and, in due course, a process for the administration of casting the ballot. If we consider the original judgment on prisoner voting, the European convention on human rights does not trump parliamentary sovereignty.
The judgment went against the UK because, at that stage, there were no arrangements in place for prisoners to be able to vote, although the law did not specifically prohibit them from doing so. The court said, “You can’t effectively lock them up so that they can’t get to the ballot box, but at the same time say that they are still legally entitled to the vote; you have to make a choice.” Parliament made a choice and said, “We are going to ban those people from voting.”
The Government have been very clear that young people in secure accommodation will be eligible to vote. We are also aware that those in the 16 to 18-year-old category who are treated as care leavers will often be in what is known as move-on accommodation as they transition from a fostering placement or children’s home to semi-independent living.
What arrangements will the Government make to ensure that, in practice, under the terms of this legislation, those young people are not deprived of their ability to vote by virtue of moving around the country or simply lacking access to the service that they require, as opposed to being deprived of it by a deliberate decision of Parliament as part of the punishment inherent in a custodial sentence?
The hon. Member makes an important point. The response to that is the declaration of the local connection; that must relate to an address with which the individual has a genuine connection, as set out in the Bill. For example, a person experiencing homelessness may register using the address of, or nearest to, a place where they spend a substantial amount of their time, such as a shelter or another place where they regularly stay. Similarly, a young person looked after by a local authority may register using a previous address or one connected to the local authority responsible for their care. I hope that answers the hon. Member’s point.
I understand the Minister’s point in the sense that a young person can register to vote. My question is about the logistics of how the ballot is cast. One of the challenges for young people, particularly in the care leaving transition, can be the instability of placements.
Young people may move around to access the type of accommodation that they need, or they may be placed far from home to get them away from, for example, a drugs gang or a grooming gang that caused them to come into the care system in the first place. Therefore, they will find themselves in a position where, while they may wish to participate under this legislation, the logistics and practicalities of that may be different and, in practice, they may be deprived of the opportunity to vote. It may be a matter for those discussions between the Department for Education and the Ministry of Justice, but it would be helpful to understand what practical arrangements have been put in place to ensure that, if the Government really want 16 and 17-year-olds to be able to vote, they can do so.
The hon. Member raises an important point. We have to establish the principle in the first instance and, as we progress with the legislation, we can provide more detail about the practical arrangements. Clauses 4 and 5 establish the principle; we will have to come back to the detail of how we take that forward. It is a complex area, but it is essential that young people in the care of a local authority are not disenfranchised because of that.
Clause 5 is important to ensure that young people in the care of their families overseas, as they give service to our country, are treated fairly under the extended franchise.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Clause 5 ordered to stand part of the Bill.
Clause 6
Further provision about registration and participation in elections
I beg to move amendment 5, in clause 6, page 10, line 9, at end insert “and recall petitions”.
This amendment is consequential on amendment 7.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Government amendments 6 and 7.
Schedule 1.
Clause 6 and schedule 1 consist of common-sense amendments to legislation, in line with the change to the voting age. While extending the vote to young people, the provisions align regulations about the age at which young people can act as a proxy, accompany voters to polling stations, act as a companion to a voter with a disability, and apply for a voter authority certificate.
Members may recall that clause 3 enables registration from the age of 14. Schedule 1 removes the requirement for electoral registration officers to conduct house-to-house inquiries and the ability to make telephone calls to under-16s. Further measures to safeguard young people are addressed in clauses 7 to 13. Electoral registration officers in Scotland and Wales will no longer be required to record when electors on their local register attain the age of 18, as there will no longer be a change in entitlement to vote at that age.
In addition, part 2 of schedule 1 sets up a transitional process for moving certain electors in Scotland and Wales from the local government register to the UK parliamentary register. As it stands, when the change to the voting age comes into effect, people under the age of 18 who are already registered to vote in Wales and Scotland might need to make an additional application to be added to the UK parliamentary electoral register. Electoral registration officers—EROs—however, already hold the information necessary to determine their eligibility to be registered as UK parliamentary electors. Part 2 of schedule 1 will enable EROs to add them directly across.
Members should be assured that EROs will be required to assess each individual’s eligibility, noting the differences between devolved and parliamentary elections, such as nationality requirements. By registering for devolved elections, those young people have taken steps to engage in our democratic processes, and that engagement should not be discouraged by requiring them to make another, identical application. The overall process will ensure simplicity for electors and a smooth transition, while reducing the administrative burden on EROs. It is a common-sense, transitional measure, done only at the point that our reserved votes at 16 measures take effect.
Government amendments 5 and 7 consist of consequential changes to legislation, in line with the change to the voting age. They are technical amendments, which will ensure that 16 and 17-year-old voters are included in calculating the threshold for recall petitions. They will have the right to vote in the election that a recall petition may trigger, so it is only right that they are included in such calculations.
In addition to those changes, Government amendment 6 removes the restriction that certain EU citizens on the local government register need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales. The current provision exists because of the differences between the police and crime commissioner franchise and the local government franchise in Wales, and with the equalising of the voting age for these election types, the wording that is removed by this amendment is no longer needed. That brings the rights of those under the age of 18 who are registered to vote in line with other electors aged over 18, as intended with the extension of the franchise. I hope Members will accept these technical amendments, and agree that they should be made to the Bill.
It has been a while since I have done one of these Committees, Dr Allin-Khan, so forgive me if I do not say what I am talking to or anything like that. We are learning on the job, or I certainly am anyway.
The Minister emphasised that the Government amendments are technical, which is correct, and I will not challenge on or question her much about them. However, I want to ask a couple of questions about the clause’s aims in facilitating the inclusion of younger voters. We would argue or challenge that some of the provisions appear to be slightly inconsistent or insufficiently justified.
Allowing individuals aged 16 to act as companions to disabled voters and as proxy voters or to enter polling stations for certain purposes reflects an expansion of civic responsibility, which is another result of the principled argument about whether 16-year-olds should have the vote. I am not arguing against that principle, but about the physical manifestations of the change in direction. I would like to challenge the Minister by asking her to clarify why there is no guidance, training or clear rationale for those extra responsibilities for the volunteers working in elections departments across the country or for electoral registration officers and local authorities.
The provision raises a few concerns not only about the readiness of the person subject to the law change—the younger voter—but about whether our staff, EROs and the volunteers who sit in and do the various jobs at polling stations will be trained and given guidance in time to fully bring in the proposed changes. Will the Minister give us some clarification or reassurance that these changes will result in the people involved in the physical voting on the day at polling stations being given proper guidance, and that plenty of notice will be given to the volunteers who will have to implement the changes around the country?
The short answer is yes. This is an extension of the arrangements with which EROs are most familiar, and the guidance that will be provided to them in advance of the proposals coming into effect will reflect the extension of the franchise. I suggest that EROs and our electoral administrators are very familiar with these issues, and it will simply be a matter of extending those arrangements to the newly enfranchised age group.
I have another technical question to provide clarification for the Committee. We know that there are different rules for who is eligible to vote in local elections and in general elections—and council elections are imminent—and the Government website sets out those criteria. One of the consequences of this change will clearly be to extend the franchise to a large group of people who do not and cannot currently vote in UK general elections.
A question that may arise for an electoral registration officer is how to establish the age of, for example, an eligible Commonwealth citizen who arrives to register to vote, if their age is not clear. Will the Minister set out what guidance EROs might be expecting to spell out the evidence that might be sought to establish eligibility in terms of age if, for example, a citizen of Poland who has moved to the United Kingdom wishes at the age of 16 to join the electoral register for the upcoming council elections?
Let me re-emphasise that EROs are familiar with providing such guidance already. We are simply extending the franchise to a different age group to enable them to participate in UK parliamentary elections and those other elections mentioned. The well-established route for providing that guidance will continue, extended to encompass the newly enfranchised in future elections. This is a well-trodden path, and I am happy to provide more details as required.
Amendment 5 agreed to.
Clause 6, as amended, ordered to stand part of the Bill.
Schedule 1
Further provision about registration of young voters etc
Amendments made: 6, in schedule 1, page 103, line 35, at end insert—
“Police Reform and Social Responsibility Act 2011
14A In section 51 of the Police Reform and Social Responsibility Act 2011 (vacancy in the office of police and crime commissioner for a police area in Wales), in subsection (6C)(a)(ii) omit “, who has attained the age of 18”.”.
This amendment removes the restriction that certain EU citizens, who are registered in a register of local government electors, need to be 18 or over to give a notice of vacancy in the office of police and crime commissioner for a police area in Wales.
Amendment 7, in schedule 1, page 103, line 35, at end insert—
“Recall of MPs Act 2015
14B (1) The Recall of MPs Act 2015 is amended as follows.
(2) In section 14 (determination of whether recall petition successful), in subsection (3), for “18” substitute “16”.
(3) In section 22 (interpretation), in subsection (3)(b)—
(a) in the words before sub-paragraph (i), for “18” substitute “16”;
(b) in that sub-paragraph, for “18” substitute “16”.”.—(Samantha Dixon.)
This amendment includes 16 and 17 year olds who are registered in a register of parliamentary electors in the calculation of the threshold to be reached to determine whether a recall petition is successful.
Schedule 1, as amended, agreed to.
Clause 7
Prohibition of registration officers disclosing information
Question proposed, That the clause stand part of the Bill.
Clause 7 provides for the protection of information of individuals who register to vote in advance of reaching voting age. As noted in discussion on clause 3, the Bill provides for people to register to vote from the age of 14, so that they are ready to cast their first vote at the age of 16. This arrangement carries significant benefits, but must be accompanied with due provisions for protecting the data of these particularly young people.
The clause provides that protection by explicitly preventing electoral registration officers from publishing, supplying or otherwise disclosing the registration information of anyone under the age of 16. Registration information is defined in the clause as entries on the electoral register, including both domestic and overseas electors, and also records of absent voting arrangements.
These protections will ensure that people who wish to register to vote in advance of attaining voting age can do so safe in the knowledge that the data they provide to electoral registration officers when they register will be duly protected.
I should note that there are specific, limited circumstances in which sharing the data will be possible. These are provided for in the subsequent clauses, and I will turn to those momentarily. However, clause 7 sets out the key principle that the data of young people aged 14 and 15 warrant special protection.
Clause 8 sets out five specific circumstances in which the prohibitions put in place by clause 7 do not apply. In other words, it sets out limited scenarios in which EROs may share the registration information of 14 and 15-year-olds. These provisions are very limited in number. As I list them, I trust hon. Members will agree that each of them is proportionate and justified.
(3 weeks, 1 day ago)
Public Bill Committees
The Chair
I remind the Committee that with this we are considering clauses 8 to 14 stand part.
It is a pleasure to serve under your chairmanship, Dame Siobhain. I have covered clause 7, so if Members will indulge me, I will turn to clause 8.
Clause 8 sets out five specific circumstances in which the prohibitions put in place by clause 7 do not apply. The first circumstance in which the registration information of an individual under the age of 16 may be shared is if that disclosure is necessary for registration or the conduct of an election, referendum, recall petition or other poll. That simply allows electoral administrators to carry out their work.
An example in action would be an electoral registration officer using the data of a 14 or 15-year-old to conduct the annual canvass. The canvass would help ensure that the young person in question is still accurately registered at the address electoral administrators have on file. Another illustration of the purpose of this provision would relate to the preparation of a poll. For example, clerks at polling stations must have an extract of the electoral register for electors who will vote at that polling station. There may be circumstances in which that extract is prepared in advance of polling day, and this provision allows it to include individuals who will turn 16 on polling day, but who at the moment of the preparation of the extract are still 15.
The second circumstance provides that the registration information of an individual under the age of 16 may be shared in accordance with one of a limited number of supply enactments—specifically, those listed in clause 11. A supply enactment is a provision to allow either the entire register or the relevant part of the register to be supplied to a certain individual or organisation. The specific supply enactments where the disclosure of the registration information of under-16s is permitted are listed in clause 11, and as such I will discuss them in detail during the debate on clause 11.
However, this clause applies two crucial limits on disclosure of the registration information of 14 and 15-year-olds as part of a relevant supply enactment, as I will now explain. First, disclosure under a relevant supply enactment may be made only for purposes relating to an election at which a given person will be entitled to vote. That will allow the information of individuals under the age of 16 to be protected, while also allowing individuals who will be old enough to vote in specific polls to be included in campaigning activities relating to that poll. For example, it will allow 15-year-olds who will be 16 in time for a given poll to be sent campaigning materials relating to that poll.
Secondly, there is a limit on disclosure under relevant supply enactments that requires that such disclosures must not contain information that would allow the date of birth of the young person in question to be learned. That provides an extra safeguard against the disclosure of any information about young people that is not absolutely necessary for the legitimate activities in question. For example, candidates have no need to know the exact age of a young person beyond the fact that they will be 16 on the date of a poll, so they will not receive such information.
The third circumstance in which the registration information of under-16s may be disclosed under clause 8 is where such information is necessary for the purpose of a criminal investigation relating to an electoral offence. The provisions in the Bill prevent under-16s from being fined for failing to register to vote, but there are other electoral offences that rightly apply regardless of age group. Those include offences such as a fraudulent application to register to vote, or the offence of personation, where someone attempts to steal another’s vote. Such serious offences should be investigated no matter who commits them, and this clause allows for those criminal investigations to take place unimpeded.
The Minister outlined the criminal charge of personation. Does she think that watering down photographic ID and using bank cards for identification will make it easier or harder for someone to be convicted of electoral personation?
I thank the hon. Gentleman for his question, but I will return to that point when we debate the relevant clauses.
The fourth circumstance allows the registration information of 14 and 15-year-olds to be disclosed to MI5, MI6 and GCHQ. That is the extension of a standard provision allowing our intelligence agencies to use electoral registration data, if necessary.
The final circumstance allows the registration information of an under-16 to be shared with an individual who has been appointed to act as that young person’s proxy voter. I am sure it is obvious that such information sharing is naturally helpful to allow the proxy voter to carry out their role.
It is important to note that three of the five circumstances in which clause 8 permits disclosure of information have further restrictions placed on them by clause 12, which I will discuss in detail shortly. Furthermore, the relevant supply enactments—the fourth circumstance—already contain restrictions on use and further disclosure. Overall, the Government consider these exceptions to the prohibition to be appropriate and proportionate in allowing young people’s registration information to be shared when, and only when, absolutely necessary.
Clause 9 provides for the way in which the data of 14 and 15-year-olds should be handled in Scotland and Wales, where the UK Government have responsibility for UK parliamentary elections, but the Scottish and Welsh Governments have devolved responsibility for local elections and elections to the Scottish Parliament and Senedd Cymru. Where individuals in Scotland and Wales are eligible to take part in both reserved and devolved polls, their electoral records are held by electoral registration officers on a combined register.
That is a very sensible and efficient approach to managing electoral registers, but in the context of the data protection provisions put in place by clauses 8 to 16, that approach presents a challenge—namely, what should happen if devolved legislation prohibits an entry from being disclosed, but reserved legislation allows it? The Government are committed to upholding and respecting our devolution settlements, and the clause is designed to do exactly that. Devolved electoral registers and reserved electoral registers should be considered to be separate in principle. It is only a matter of practice that they happen to be held in one place.
Clause 9 provides that, where electoral registration information is held in a combined register, if clause 7 of the Bill prohibits the disclosure of information, but devolved legislation allows it, disclosure of that information is permitted. The clause also provides that if both devolved and reserved legislation permit disclosure, but only devolved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply. The clause strikes an appropriate balance between protecting the information of those who have not yet reached voting age, and respecting the rightful responsibility that the Scottish and Welsh Governments have over their devolved elections.
I turn now to clause 10, which is a mirror image of clause 9. Whereas clause 9 ensures that the Bill works with and does not conflict with devolved legislation, clause 10 is designed to ensure that devolved legislation does not conflict with this legislation. Specifically, clause 10 provides that, where electoral registration information is held in a combined register, if relevant parts of devolved legislation prohibit disclosure of information, but clause 7 of the Bill allows it, disclosure of that information is permitted. The clause also provides that, if both devolved and reserved legislation permit disclosure, but only reserved legislation places restrictions on the use of that data—for example, a restriction on its onward disclosure—those restrictions do apply.
Taken together, clauses 9 and 10 accommodate and respect the importance of devolved responsibility, while equally ensuring that the UK Government are not constrained by the policy decisions made by the devolved Governments when legislating for our own elections.
I turn now to clause 11, which is a further part of the package of measures in the Bill designed to protect the information of 14 and 15-year-olds who register to vote ahead of reaching voting age. Specifically, clause 11 builds on clause 8, which sets out five circumstances in which the prohibition put in place by clause 7 on sharing the registration information of those under the age of 16 does not apply. Members will recall that the second circumstance listed in clause 8 provided that the registration information of an individual under the age of 16 may be shared to comply with one of a limited number of supply enactments. Clause 11 lists four supply enactments, which I will list shortly.
Before I do, it is important to note that there are already restrictions on what individuals who receive information via a supply enactment may do with that information. I also remind hon. Members of the two strict limitations that clause 8 puts on disclosure under these supply enactments. First, disclosure under a supply enactment listed in clause 11 may be made only for purposes relating to an election, referendum or recall petition at which a given person will be entitled to vote or sign. That will allow information of individuals under the age of 16 to be protected, while also allowing individuals who will be old enough to vote in specific polls to be included in campaigning activities related to that poll. Secondly, disclosure under a supply enactment listed in the clause must not contain information that would allow the date of birth of the young person in question to be learned.
Noting those key restrictions, I will now talk through the four types of supply enactment under which the registration information of an individual under the age of 16 may be shared. The first allows records of postal and proxy voters under 16 to be shared on request with a candidate. The second allows information of individuals under 16 to be shared with the Electoral Commission. The third allows information of individuals under 16 to be shared with the Boundary Commission.
The fourth allows information of individuals under 16 to be shared with candidates upon request or, in respect of the recall of an MP, that MP, political parties and official campaigners. Noting again the important restrictions placed on disclosure in these circumstances by clause 8, these provisions make it possible for individuals who are not yet of voting age, but who will be on the actual day of a specific poll, to be appropriately involved in the electoral process in the run-up to that election.
Lewis Cocking (Broxbourne) (Con)
Is the Minister confident that when we collect all this data, and the Boundary Commission and Electoral Commission get it, they will be able to analyse it to make sure that all constituencies at the next general election fall within their parameters for how many electors each MP needs to represent, to make sure that none is too far outside that boundary?
Yes, I am confident that the Electoral Commission will be able to perform that task, and I am sure that we will come back to those issues during line-by-line scrutiny.
As with the other clauses in this part of the Bill, the provisions maintain close protection on the data of 14 and 15-year-olds, allowing disclosure of that information only when absolutely necessary and appropriate.
Let me turn now to clause 12. In my explanation of clause 8, which provides for five circumstances in which the disclosure of under-16s’ information is permitted, I noted that clause 12 places further restrictions on three of those circumstances. Those restrictions apply to the following circumstances where clause 8 allows disclosure of information. The first is where information is sent to someone for the purposes of electoral registration or conduct duties. The second is where information is sent to someone for the purposes of criminal investigation into an electoral offence. The third is where information is sent to a person who has been nominated as that elector’s proxy.
Where information has been shared in one of those three circumstances, the clause prevents the person who receives it from passing it on to anyone else. The clause also provides that someone who passes the information on to another person in one of those circumstances is guilty of a criminal offence punishable by a fine. As with the five clauses that precede it, clause 12 serves to ensure that the personal information of 14 and 15-year-olds is accessed and shared only when doing so is necessary and justified.
Clause 13 is the penultimate clause in the group, which I am sure Members are glad to hear. The purpose of the clause is to provide flexibility in the regime that provides these protections, by making it possible for regulations to be made to adjust the protections. That might become necessary, for example, if new types of election or referenda are created in future, which might necessitate new groups having access to the data. Given the number and variety of changes the Bill proposes to our electoral system, such flexibility is simply good planning and avoids the risk of needing an emergency Bill to be rushed through Parliament should changes be needed. I immediately reassure hon. Members, however, that the scope of the power created by the clause is carefully limited and subject to important scrutiny requirements, as one would expect.
The regulations that may be made using the power in the clause can be divided into five types. First, the power may be used to permit the disclosure of the electoral registration information of under-16s to additional recipients beyond those provided for in clauses 8, 9 and 11. Secondly, it may be used to set out the purposes for which such information, once shared, may be used, and to attach further restrictions. Such restrictions may include whether that information can be shared with further parties.
Thirdly, the power may be used to amend clauses 7, 8, 9, 11, 12 and 14. However, the amendments that may be made are subject to restrictions, which I will come to shortly. Fourthly, it may be used to create new offences relating to the disclosure of 14 and 15-year-olds’ electoral registration information, which are punishable by a fine, but not imprisonment. Fifthly, it may be used to apply the same restrictions that apply to disclosure by registration officers and those who currently assist them to any new categories of person who might be involved with the preparation of electoral registers and lists.
Three important restrictions are placed on that power, ensuring that the flexibility it provides to ensure our electoral system remains fit for purpose as times change does not come at the cost of appropriate scrutiny. The first and most important restriction is that although the types of information protected by clause 7 may be added to using this power, the categories of protected information cannot be reduced from what is in the Bill at the point it becomes law. That ensures that the type of data protected by this clause cannot be chipped away.
Secondly, before this power is used, the Secretary of State must consult the Electoral Commission and anyone else that the Secretary of State feels is appropriate. Finally, regulations exercising this power are subject to the affirmative parliamentary procedure. I hope hon. Members will agree that the regulation-making power that this clause will create strikes the appropriate balance between appropriate legislative scrutiny and crucial flexibility to allow our electoral system to respond to external changes.
Clause 14 is an interpretation clause. It simply serves to define terms used in clauses 7 to 13. None of the definitions presented in this clause is unusual or controversial. They include terms such as “voters register”, “local government election” and “recall petition” and are included simply to provide clarity and precision to the previous seven clauses of this Bill. I commend the clauses to the Committee.
It is a pleasure to serve under your chairmanship, Dame Siobhain. I thank the Minister for giving us an extensive and very in-depth description of what those technical clauses—7 to 14—outline. I cannot claim to do those clauses credit in the way the Minister has. I will just briefly ask a number of questions on those technical clauses and then resume my seat—which I am sure many Members will be pleased to hear.
The Minister has outlined these various technical clauses, and the Opposition are not concerned that they might be controversial. As I said earlier, the issue of principle rather than pragmatism in re-engineering a system to where we basically currently are to cover the people that are being enfranchised is not controversial. However, there is a slight complication that could come out of some of these changes relating to overseas voters. We know that they are not really catered for in the Bill.
We heard a lot of evidence in the Bill Committee that a number of overseas voters are essentially disenfranchised. Looking at younger overseas voters and the precepts of these clauses applying to 14 and 15-year-olds, in some countries there may be a social media ban, for example. Similarly, in some countries it would not be easy for a candidate to access the information of people who will be eligible to vote at 16, but who are not covered by these clauses for the preparation at 14 and 15. Opposition Members would argue that this could have unintended consequences for a candidate’s ability to secure that data and approach those people as if they were living within the United Kingdom. I ask the Minister to reflect on that and whether it would be, not dangerous, but an added disincentive for an overseas voter to engage and vote within the British or UK political process.
On clause 13, as with various other Bills that the Government have put forward, I am concerned by the House’s affirmative procedure giving the Minister or the Secretary of State a huge amount of power to unilaterally bring in changes. I do not think that it makes for good democracy or scrutiny of legislation. We discussed this countless times during the Committee of the Planning and Infrastructure Bill, where the Secretary of State will be given the power to make a decision through the affirmative procedure via secondary legislation, and individual Members of this House across all parties—but especially minor parties—cannot scrutinise that legislation in the way in which they should be able to. We all know how statutory instruments work in this place. Those Committees are probably among the briefer meetings that Members in this House have.
The Minister needs to reflect on the fact that the scrutiny and delivery of many of this Government’s pieces of legislation has not always achieved the right balance or tipped the scales in the right way. Members should have the opportunity to scrutinise properly and make changes to secondary legislation that the Secretary of State is empowered to bring. I ask her to look at that again and consider whether there is a better way. I understand the need to consult the Electoral Commission, but it is this place that makes the legislation and it is this place that should approve that legislation in a proper and thorough manner. I do not think that making the secondary legislation subject to the affirmative procedure is the right way to go.
However, we will not oppose any of the clauses, which, as Members can tell by my varied and wide-ranging speech, are very technical. I hope that the Minister will address my questions.
I note the concerns of the hon. Member for Hamble Valley. We are not proposing changes to the voting rights of overseas electors, but I note the complexity around the handling of the attainers situation. None the less, electoral registration officers currently handle overseas voter attainers quite effectively, so we can be confident that, using the guidance from the Electoral Commission, they will continue to be able to do so.
On the powers that clause 13 may introduce in the future, if we look at the legislation that has been introduced over time—including during those dark periods of history before we were all elected—we can tell that our democratic system changes. This clause will address changes that we have not yet envisaged; if we had, believe me, they would be on the face of the Bill.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clauses 8 to 14 ordered to stand part of the Bill.
Clause 15
Duty to raise awareness and provide assistance: Great Britain
Question proposed, That the clause stand part of the Bill.
The Chair
With this, it will be convenient to discuss the following:
Clause 16 stand part.
New clause 44—Report on proposals to support the extension of the franchise to 16- and 17- year-olds—
“(1) The Secretary of State must, within 12 months of the passing of this Act, publish a report on proposals to support the extension of the franchise to 16- and 17- year-olds under this Act.
(2) The report published under subsection (1) must include consideration of proposals to—
(a) promote awareness among relevant persons of the extension of the franchise; and
(b) make any necessary changes required to strengthen civic education in schools and educational settings available to relevant persons.
(3) For the purposes of this section, relevant persons are children and young people who—
(a) are enfranchised as a result of section (1) of this Act; or
(b) are entitled to be registered as a parliamentary or local government elector before reaching voting age as a result of section (3) of this Act.
(4) The Secretary of State must lay the report before both Houses of Parliament.”
This new clause requires the Government to report on proposals to support the extension of the franchise to 16 and 17 year olds, through promoting awareness or making changes required to strengthen civic education.
Before I begin, I want to respond to an important point that the hon. Member for Ruislip, Northwood and Pinner raised earlier today in the debate on clause 2. It was in relation to ensuring that young people in secure children’s homes are supported to access their rights to vote. I committed to answering that point, and am happy to do so now. It is important to note that such individuals will be able to apply to vote by post. Of course, individuals in such circumstances may find it confusing or complex to use the electoral process for the first time. These next two clauses, which were designed in close collaboration with the Department for Education, will provide support for individuals who are in precisely the circumstances set out by the hon. Member.
Clause 15 will ensure that a crucial layer of support is provided by local authorities to young people who may particularly benefit from assistance when registering to vote. This clause creates a twofold duty for local authorities in Great Britain with regard to certain young people. They must both raise awareness of the arrangements for registration as a UK parliamentary elector and provide assistance to register as a parliamentary elector. The young people who will benefit from this duty are those who are looked after by the local authority, or those who are eligible for continuing care from a local authority. The latter group are sometimes referred to as care leavers.
I am grateful to the Minister for her explanation in response to my earlier questions. Clause 15 says that a local authority
“must take the steps the authority considers necessary”.
One of the challenges with that is that young people will be placed in different areas of the country. The Bill gives rise to the possibility of significant inconsistency. One local authority may take the view that there need to be special arrangements for the young person to be taken to the polling station to cast their vote, or that particular arrangements are necessary for a postal vote to be exercised by someone whose station is further afield. Another authority may take the view that simply giving them a briefing note explaining it would be sufficient. Both of those sound like they would meet the test set out within the Bill.
Can the Minister set out what guidance there may be, either from her Department or from the Department for Education, to ensure that there is a degree of consistency, so that there is equality of access for young people in the care system? That is especially important where the placement they may be in is effectively controlled by a third party. For example, how will there be appropriate measures in place to ensure that a young person in foster care—particularly given the “Staying Put” policy introduced with cross-party support by the last Government, which enables those young people to stay as care leavers with a family with whom they have been fostered—has an equality and consistency of access to both the registration process and the physical ability to cast their vote?
The Government are committed to ensuring that everyone who is entitled to vote should be able, encouraged and supported to do so. Different authorities will have different approaches that will arise in different circumstances. Our provisions allow local authorities to take the most suitable approach when assisting people to get on the register. To address the concerns raised by the hon. Member for Ruislip, Northwood and Pinner, while the guidance will be national, the application will be appropriate to local circumstances.
As we have heard, the clause establishes a duty for local authorities in Great Britain to raise awareness and provide assistance to certain young people— particularly those who are looked after by the local authority, and those who are eligible for continuing care—in registering to vote. While the intention to support young voters is commendable, we believe that the clause has several limitations. Not only is its scope narrowly defined, but it is also vaguely defined by the words “raise awareness” and “provide assistance”. Notwithstanding what has been said by my hon. Friend the Member for Ruislip, Northwood and Pinner, I want to expand on that ever so slightly.
As the clause is narrowly defined, it excludes other groups that may face barriers to registration, such as the homeless youth, young carers or those in unstable housing. The clause places significant responsibility on local authorities to determine and implement the steps necessary to fulfil the duty. While this should not be a requirement in legislation, there has also not been any signal or indication from Ministers of any Department that additional funding, staffing or guidance has been considered, which risks creating an inconsistent application process across different areas.
As my hon. Friend the Member for Ruislip, Northwood and Pinner mentioned earlier, we have both been lead members for children and young people’s services. It is not insulting to hard-working local authorities, lead members and officers across the country to say that there can be varying interpretations of the legal duties placed on them—whether they relate to vulnerable people in care or local authority children’s homes. Can the Minister provide reassurance that she will ensure that local authorities across the country will follow a universal interpretation? Due to the narrow scope of the people that the clause identifies, as well as the quite vague language of “provide assistance” and “raise awareness”, it risks creating a patchwork quilt across the UK and a variation in interpretation, which needs to be tightened up.
The Opposition are not opposed to the clause; it is admirable and does what is necessary. However, it needs to be tighter so that people responsible for implementing this legislation can do so in the best way possible, notwithstanding the fact that council and local authority officers dealing with young people do so every day throughout the country.
The limited resources may struggle to reach all eligible young people, particularly those who move between authority areas, or who are placed outside their home authority for extended periods. Additionally, the clause does not include measurable targets or deadlines, making it difficult to assess the effectiveness of awareness-raising and assistance efforts. Finally, the type of support provided is narrowly focused on registration itself, and does not address broader barriers, such as literacy, digital access or understanding of the electoral process. The geographical limitation of the clause to Great Britain also creates inconsistencies across the UK.
Overall, while clause 15 represents a positive step towards increasing voter registration—I hope the Minister will speak later about raising awareness and enabling younger people through the education system—it focuses only on registration of vulnerable young people. Its narrow scope, reliance on local authority capacity and clear lack of performance measures may limit its practical impact. I am looking for some reassurance from the Minister that those issues have been looked at, and I hope she can alleviate some of the Opposition’s concerns.
Lisa Smart (Hazel Grove) (LD)
It is a pleasure to serve with you in the chair, Dame Siobhain. The Liberal Democrats support clauses 15 and 16. I will speak to new clause 44, in the name of my hon. Friend the Member for Guildford. Her explanatory statement is clear that it
“requires the Government to report on proposals to support the extension of the franchise to 16 and 17 year olds, through promoting awareness or making changes required to strengthen civic education”.
Both the hon. Members for Hamble Valley and for Ruislip, Northwood and Pinner made some good points about ensuring there is not the postcode lottery that we are in danger of. I look forward to their support for this new clause.
As I said earlier, the Liberal Democrats are strongly in favour of votes at 16 but enfranchisement must be meaningful. Not only does the Bill make provisions for votes at 16 and 17, but it allows for pre-registration on the electoral roll from age 14. We rightly support that, but if we are asking teenagers to enter the democratic system at that age, we must consider how we support these young people to be properly informed and prepared.
New clause 44 is modest. It does not delay enfranchisement or obstruct the Bill. It simply asks the Secretary of State to report within 12 months on how the extension of the franchise will be supported in practice. Civic education should never mean telling young people what to think. We want our young people to understand institutions and elections and to have media and democratic literacy. We need a joined-up strategy because we do not want a postcode lottery for civic education. Some schools and local authorities may do civic education really well and others may not. Young people across the country should not have significantly different levels of preparation for participation, depending on where they happen to live or study. I would include those who are in the care of a local authority very strongly in that. National enfranchisement reform deserves a national implementation plan. In the modern world, media literacy is very important alongside basic democratic literacy.
The Bill already recognises that practical support matters. Clauses 15 and 16 are important because they make clear that simply extending a legal right is not in itself enough. Placing duties on public bodies to raise awareness of voting rights and to assist certain young people with registration is a welcome step, and we support that principle. But if we are to create a new franchise, it is right to think about whether those who are newly franchised are able to exercise it. That is why new clause 44 is reasonable—it follows that principle.
Clauses 15 and 16 are welcome, and we recognise the necessity of targeting relevant young people, but it is yet to be determined which part of the system will take the lead on preparing young people for participation—schools, local authorities or national bodies. The new clause asks the Government to set out in much more detail how that responsibility will be approached.
Dr Ellie Chowns (North Herefordshire) (Green)
It is a pleasure to speak with you in the chair, Dame Siobhain. I rise to speak briefly in support of new clause 44, which, as the hon. Member has set out, is a very reasonable and modest proposal. As I said, I very strongly support the extension of the franchise to 16 and 17-year-olds, but it is crucial that investment in developing political literacy and supporting civic education goes alongside that. That is a message I have heard from young people themselves; from those who have come to Parliament to campaign for this, and those in my constituency who have also called for this.
I strongly urge Ministers to make sure they take this crucial opportunity to invest in developing trusted and accessible spaces where young people can explore political ideas, through the formal education system and other structures and spaces that work with young people. The role of youth organisations and youth workers in supporting democratic participation is crucial to remember.
We need to do everything possible to build young people’s confidence in navigating democratic processes and in forming their own political ideas. We need to give them support in navigating an increasingly complex political landscape of political information, misinformation and disinformation. That civic education part is a crucial component of, and complement to, the extension of the franchise itself. New clause 44 absolutely strikes the right balance here. This is not about delaying the extension of the franchise. It is simply about saying, on the face of the Bill, that we recognise the importance of civic education alongside the extension of the franchise, and that we ensure there is transparency and sufficient attention given to developing that.
New clause 44, tabled by the hon. Member for Guildford, would require the Government to publish a report regarding steps to support the implementation of the extension of the franchise to 16 and 17-year-olds, discussed on Second Reading. The report would cover proposals to increase awareness of the franchise change among 14 to 17-year-olds and changes to civic education for that age group, to support the franchise change. That report would be required to be published within 12 months of this Bill becoming an Act.
As the Secretary of State said on Second Reading, extending the franchise is not simply “job done”. The Government are clear that young people must be supported and prepared to exercise their democratic rights. The new clause was clearly designed to ensure that the Government are as good as their word on this point, and it is excellent to see that hon. Members share our view on the importance of effective democratic engagement and education in delivering votes at 16. However, while the intention of the new clause is laudable, the Government do not believe that this is the right way to approach it.
On the part of the new clause concerning voter awareness, the Government will be playing an active role in this space, but will not be the only organisation to do so. The Electoral Commission, local and devolved governments, the electoral sector and civil society organisations will all be part of a team effort to spread awareness. A report from the Government on their proposals would be a partial picture at best. It would also not be right for the Government to speak on behalf of other organisations’ plans, particularly those from the Electoral Commission, whose independence from the Government is crucial.
Regarding the education-related limb of the new clause, last November the Department for Education committed to making citizenship compulsory in primary schools and to publish revised programmes of study to ensure all pupils receive a grounding in topics including democracy, government and law. It is for the Department for Education to lead this work; I have worked alongside colleagues in the Department, and I know they will be diligent in providing updates on the progress of its work.
Dr Chowns
I am sorry; I may have misunderstood, but is the Minister arguing that she does not support new clause 44 because a range of organisations will be taking part in action to raise awareness of the extended franchise and, therefore, it would not be right for the Government to provide a report only on what they were doing? That is not my reading of new clause 44, which asks the Government to do a report on proposals overall to support raising awareness and civic education. By definition, the Government are probably best placed to have that overview of all proposals, including their own, and those of the Electoral Commission and any number of other organisations, so that we can understand what is being done to support young people as they take on this new democratic responsibility.
The Government’s view is that such a report would be partial; it would only cover the work that the Government are doing and we could not speak to other organisations and their work in this arena.
Dr Chowns
My reading of the clause is that it does not have to be partial: it calls for a report on all proposals. Therefore, perhaps the Government’s interpretation of the new clause is unnecessarily narrow. Might the Minister commit to going away and reflecting on whether this could actually be compatible and a helpful contribution to supporting the civic education of young people?
This endeavour is an ongoing task; it is not a single point in time, which is what a report would reflect upon. The Government will move forward in partnership across the wide sector in public life, to continue to improve the education of young people. For that reason, we do not feel that the new clause is necessary.
I am pretty agnostic about new clause 44 because I think it is quite vague, but I understand the reason it has been tabled. Earlier I outlined a concern that I do not believe the education system is quite yet able to make sure that our younger people get the education that they should have before they vote in a national election, notwithstanding the fact that the education system needs to be impartial.
The Minister will know that some types of schools, such as academies, are not necessarily subject to the national curriculum. The legislation in these clauses is quite vague, as I mentioned. I am not sure that there is concrete action from the Minister’s Department and from the Department for Education on a cross-ministerial committee or something, to make sure that the two sides are being matched up to implement this legislation.
Will the Minister try to allay some of my concerns, and those of other hon. Members—perhaps the Liberal Democrat spokesperson, the hon. Member for Hazel Grove, and the hon. Member for Guildford, who tabled the new clause—about whether the education system will be well equipped, and whether all schools are going to be required to prepare young people for the new duty that they are going to be given?
Yes, I can offer hon. Members that reassurance. I have worked with DFE colleagues to consider the independent curriculum and assessment review. That review will take onboard democracy, government and law being part of the curriculum going forward. As I mentioned, citizenship will also be introduced in primary schools. As we go forward, the wide collaboration of not just this Government but devolved Governments, local authorities and others will support schools, colleges and youth groups to roll out practical civic education. I mentioned that this is not a singular act but an ongoing task. A report of a proposed activity offered a year after the Bill becomes law will be little more than a snapshot of a much longer-term programme of work. For that reason, the Government do not support the new clause.
Lisa Smart
I very much welcome the Minister’s comments about how we need a whole-of-society approach to ensuring that young people are equipped to exercise their right to vote. She talked about devolved Administrations, schools and others. There are non-governmental organisations and charities working on that approach: Shout Out UK and My Life My Say are two really good examples.
The Minister is right that this is an ongoing process, but the extension of the franchise will be a one-off. There will be a single point in time when the franchise is extended to 16 and 17-year-olds. The new clause, which would provide for a report after 12 months, has been tabled to ensure that the necessary work is done to look at what has happened and what needs to happen to make sure that our young people are properly equipped and empowered to use their vote.
I accept that the hon. Member has a deep appreciation of civic education. However, we feel that a report after 12 months adds little value to the ongoing work that needs to continue over a number of years and a whole cycle of electoral events.
I do not think that I would because it would be a bureaucratic exercise, whereas the work needs to focus outwards. The scrutiny will come from within Parliament, and from within devolved Governments, so I will not accept the new clause as it stands.
I was going to come to the points the hon. Gentleman had raised.
I want to add another one, if that is possible. The Minister is being most generous, and she has shown utter determination not to accept new clause 44. Does she think there is merit in reviewing how this new enfranchisement will work, perhaps through existing mechanisms when there is a review of how a general election has been conducted? I know that is not every year, but when organisations look at voting and participation rates and attitude surveys at or after a general election, is there an opportunity to legislate for a review, at the end of each Parliament or the start of a new one, into the attitudes and voting habits of those new electors, as part of a wider review of behaviour in the last general election?
With respect to hon. Members who are clearly thinking on their feet as we debate this issue, I point out that a review of every general election is done by the Electoral Commission. The Electoral Commission is accountable to Parliament. As it has been involved in this Bill and the legislation that falls from it, I am sure that it will be particularly interested in this approach to the extension of enfranchisement.
Finally, I turn to the hon. Member for Hamble Valley’s point regarding children in care and care leavers. I am pleased to join Opposition Members in declaring I was as a former council leader with corporate responsibility for young people in local authority care. I am acutely aware of their needs and the additional support they require. I have worked with council officers who routinely assist young people, particularly care leavers, in registering to vote and supporting them in the appropriate way as they do vote. I feel that electoral registration officers, with their unique roles within local authorities, will amply be able to support looked-after children and care leavers to exercise their right to vote. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16 ordered to stand part of the Bill.
Clause 17
Registration without an application
I beg to move amendment 26, in clause 17, page 23, line 23, at end insert—
“(f) if the person’s existence has been properly verified using three separate datasets used for national and local data matching.”
This amendment requires the registration officer to register certain electors only when their existence has been verified through three different datasets.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
Clauses 18 and 19 stand part.
Schedule 2.
Amendment 27, in clause 80, page 100, line 15, at end insert—
“(1A) Sections 17, 18 and 19 of this Act do not come into force until the Secretary of State has published an independent review into the steps necessary to avoid non-qualifying EU or Commonwealth voters incorrectly being automatically added to the electoral roll.”
This amendment would prevent the provisions on automatic voter registration coming into force until the Secretary of State had published an independent review of the steps necessary to avoid non-qualifying EU or Commonwealth voters being incorrectly automatically added to the electoral roll.
I put on record my thanks to the officials in the Box for making that last set of amendments discussable, because they were so technical. We had an interesting debate, none the less.
We come to the crucial clauses that relate to automatic voter registration. I will speak on behalf of the official Opposition to amendments 26 and 27, which stand in my name. Automatic registration, which has been a clear aim of this Government from the beginning, would contradict the whole approach behind individual electoral registration—that individuals are responsible for registering and that there should be proper checks to ensure that the right people are eligible to be on the electoral roll. Automatic registration will result in more inaccurate entries and opens the door to electoral fraud, undoing the improvements delivered by individual registration.
Individual registration was implemented to stop fraudulent electoral registration, to ensure a more accurate register with fewer errors, and to remove the outdated concept that heads of household, often men, could decide who should be on the electoral roll. We argue that automatic registration would undermine those reforms. Automatic voter registration would lead to less accurate electoral registers, especially of people who have moved recently. Registration by algorithm may add people to electoral rolls who do not live in the area because of out-of-date entries on other databases; it might also add people who have a residence but are not eligible to vote, such as certain second home owners, unqualified Commonwealth voters and so on.
Lewis Cocking
It is a pleasure to serve with you in the Chair, Dame Siobhain. I support Opposition amendments 26 and 27 in the name of my hon. Friend the Member for Hamble Valley, but I want to outline my concerns about automatic voter registration.
I think the way electors currently register themselves to vote is perfectly fine and works well across the United Kingdom, but if the Government are to push forward with automatic voter registration, they must make sure it happens all across the country at the same time for the same general election; otherwise there will be serious consequences. For example, I have two councils—Broxbourne and East Hertfordshire—that are in charge of their own electoral rolls for their own council area, but both cover my constituency. Let us say that Ministers decide to do auto-enrolment by council area, and that one of my council areas gets picked, but the other one does not. In a general election campaign, some of my electors would have been automatically enrolled and some not. That will matter. If the election is close, can that be challenged in the courts? Is it fair in a democracy? I do not think Ministers have thought through that automatic voter registration needs to happen everywhere at the same time.
The Government could say they will have pilot areas of automatic voter registration on the basis of council elections, and have automatic voter registration across a whole district for its council election, but not in the neighbouring district for its council election. That would be perfectly fair, because everybody within the same council boundary would be on the same electoral list and have the same rights to vote as everybody else. Unless this all happens at the same time for the next general election, there is a real danger of creating two groups of electors across the country.
As has been mentioned, this will affect the next boundary commission review, which is due to take place after the next general election. There will be some constituencies where auto-enrolment has happened and some where it has not, which will affect where the boundary commission draws the lines for the general election after next.
Sam Rushworth (Bishop Auckland) (Lab)
I am not trying to trip the hon. Gentleman up; I am just genuinely curious to understand this. Is his contention that having mandatory automatic enrolment will increase the number of people who are registered? [Interruption.] I see the shadow Minister shaking his head. If that is not the contention, and it is not the case that auto-enrolment would increase the number of people being registered, in what sense does the hon. Member for Broxbourne think that this would create two different populations?
Lewis Cocking
Some people will be automatically enrolled who have chosen, under the current system, not to be on the electoral roll, but it is a question of fairness. If we are not having that across the country, all at the same time, it will create an unfair election result. As I understand it, it will be up to Ministers to choose whether they do it by age, by location or by demographic. If everyone is not enrolled at the same time, one could arguably gerrymander, because one could pick people based on who they are likely to vote for at the general election.
I do not think we need automatic enrolment, but if the Government are going to push forward with it, they could at least say, “We are going to make the next generation fair in terms of auto-enrolment, and we are going to do it for everybody, all at the same time, across the country for the next general election.” If the Government are worried about capacity to do that, I suggest that what is needed is more time. The Electoral Commission might say that it needs more time to do it, so it would have to happen at the next general election after that. As I have said, they could do pilots based on council elections, as long as the whole authority is covered by that pilot.
Does my hon. Friend recall the evidence that we heard about the pilots in Wales? Auto-enrolment was implemented, and when that data was verified, a significant number of voters fell off who should never have been on the roll in the first place. That indicates that there is a risk that auto-enrolment distorts the electoral position at local authority or parliamentary constituency level by adding people who are not eligible to vote. It creates two risks: one is, as my hon. Friend has described, boundaries being drawn in a way that does not allocate people’s votes equally; another is that people will be offered the chance the vote when they are not eligible to participate in that election.
Lewis Cocking
My hon. Friend makes an important point, and that is why Opposition amendments 26 and 27 are very important, because they go some way—not the whole way, but some way—to mitigating what he has just outlined.
Dr Chowns
It might be helpful if I remind the Committee of what the Electoral Commission itself says:
“Automated voter registration has the potential to significantly improve levels of accuracy and completeness of the registers and help ensure people can vote in future elections… Significant progress should be made on implementing forms of automated registration before the next UK general election… Pilots in Wales last year show how effective automatic registration can be.”
I am a little worried that, inadvertently, a false impression of the opinion of the Electoral Commission has been given.
Lewis Cocking
I am arguing that if we are going to do automatic enrolment, it should be for everybody, all at the same time, across the country. As I have pointed out, one could do pilots within council areas, as long as everyone in the whole area is being enrolled at the same time. I have given a number of examples.
In my constituency of Broxbourne, I have two registration authorities, so it could be that at a general election some people within the same constituency are auto-enrolled while others are not. I do not believe that is fair. I said at the start of this that I think the current arrangements for registering to vote in this country are perfectly fine, and that people have a choice to register or not. If someone says, “I do not wish to register to vote,” that is their choice. That is up to the individual.
Dr Chowns
If the hon. Member will forgive me, I will cite once more evidence from the Electoral Commission, which does not agree with him that the current system is fine. The Electoral Commission says that evidence from its research shows that
“as many as 8 million people across the UK are not correctly registered to vote”.
That is a huge proportion—a huge disenfranchisement. The Electoral Commission says:
“Introducing more automated forms of registration would remove barriers to voting and make it easier for people to register and vote.”
Does the hon. Member not think we should listen to the Electoral Commission?
Lewis Cocking
Some of those 8 million people may have chosen not to be on the electoral roll. Would the hon. Lady like to stand in a constituency where half of her electors are auto-enrolled and the other half are not? What are the consequences of that if the election is very close? Will it be taken through the courts?
Lisa Smart
The Liberal Democrats are in favour of automatic voter registration; it is a long-standing commitment of ours. As such, we support clauses 17 to 19, and we oppose amendments 26 and 27.
Some Opposition Members said they feel that the current system is doing okay and expressed satisfaction with it. I disagree. It is not okay that 65% of private renters are registered to vote compared with 95% of homeowners, according to Generation Rent. It is also not okay that young people or members of the global majority are far less likely to be registered—someone being black or brown should not mean they are less likely to be registered. Therefore, the Liberal Democrats support AVR.
International research by the Electoral Integrity Project found that the UK is ranked in the bottom half of countries in Europe for the extent to which elections empower citizens. Research from Manchester University shows that the UK has one of the hardest registration systems for voters of any liberal democracy. In democracies around the world, AVR is the norm, and has been proven to lead to more accurate—not less—electoral registers. The hon. Member for North Herefordshire quoted the Electoral Commission, and she was entirely right to do so. The commission said in its report:
“From the evidence available, nearly all of these additions to the register appear accurate”.
We should listen to the experts on this matter.
The Liberal Democrats always have concerns about privacy and civil liberties, and we want to ensure that any roll-out of AVR keeps control of the data with the individual. I agree with and support the point made by the hon. Member for Hamble Valley about people being able to opt out. One of the measures in this part of the Bill is around data-sharing powers, allowing electoral registration officers to use existing Government records to register or update voters without requiring an application. Some of the evidence we saw from Unlock Democracy recommends clear opt-out communications and privacy safeguards. People may not fully understand that they are being registered unless they are proactively informed, so we support those recommendations.
We heard from Professor Toby James from the University of East Anglia and the Electoral Integrity Project. He raised concerns that the open register means that people placed on the electoral roll may not be aware that their data can be sold to third parties. People who never sought registration to begin with may be especially unaware of that. Those are concerns we should all hold dear.
Amendment 26 seems to frame accuracy and inclusion as a trade-off. We do not agree. Triple verification would create administrative friction and disproportionately block the groups with the lowest registration levels, such as young people and private renters. We believe other safeguards are in place. The amendment is a blocker, so we do not support it.
Amendment 27 would delay the implementation of automatic voter registration. The review mentioned in it does not have a timetable, and the piloting framework in clauses 20 to 25 will already test the implementation of AVR. We do not support amendments 26 and 27; we support clauses 17 to 19.
Voter registration is the bedrock of our democracy and is foundational to participation in elections; without it, we cannot exercise our right to vote. As hon. Members have pointed out, the Electoral Commission estimates that between 7 million and 8 million eligible citizens are either incorrectly registered or not registered to vote at all. We will address that registration gap by moving towards a more automated voter registration system.
Clause 17 will create a new process of registration without application, also known as direct registration. We believe that that will enrich our democracy by making voter registration as simple and easy as possible. It creates a new duty for electoral registration officers to add those who are unregistered directly on to the electoral register without those people having to go through the process of applying to register to vote, provided that certain conditions are met. That will be the case only if the ERO is satisfied that the person should be registered, on the basis of data obtained by the ERO. Those who are directly registered will be informed through a notice that it is happening. On the points made by the hon. Members for Broxbourne and for Hazel Grove, they will have the right to opt out of the process during the response period.
In conjunction with regulations made under clause 36 on data sharing, clause 17 will open a world of opportunities for our brilliant EROs to use new data sources, both national and local, to get unregistered but eligible citizens on to the electoral register. It should also better streamline and hopefully, in time, reduce the administrative burden on EROs—for example, by reducing the need to send invitations to register and by softening the registration surges we see around election times.
We understand that direct registration is not appropriate for every kind of voter. As mentioned, there will be exemptions for those who inform their ERO within the set response period that they do not wish to be registered in this way, or that they intend to make an application for registration. There is also an exemption for those who tell the ERO during the response period that they wish to be registered with an anonymous entry, a declaration of local connection, a service declaration or an overseas elector’s declaration. Instead, those people will be able to independently submit a relevant application. There will also be an exemption where the ERO receives an application for registration of that person during the set response period.
We are not replacing the current system of registration, but are simply providing another means of registration. That will add a new, modernised mechanism that reflects the realities of how public bodies hold and use data today, and how individuals interact with those services. Direct registration offers many opportunities, but is not an overnight process. As will be covered in relation to clauses 20 to 25, it will take time to explore and test different data sources to ensure that they best identify eligible citizens. It will also take time to pilot and test the overall effectiveness of direct registration. There are significant opportunities here to move towards a more automated registration system that narrows the registration gap and builds a fuller and fairer democracy.
Amendment 26 proposes a new condition that must be met before the ERO registers someone without an application—that the person’s existence has been properly verified using three separate datasets used for national and local data matching. I appreciate the spirit behind the amendment, and of course share the commitment of the hon. Member for Hamble Valley to ensuring that only eligible individuals are registered.
Under the Bill, an ERO must directly register someone only if they are satisfied that the person is entitled to be registered. We are robustly exploring and will rigorously test different Government datasets that could be used to aid EROs in their new direct registration duties. As part of that, we are exploring which datasets will provide EROs with sufficient assurance to determine that a person is entitled to be registered. We do not agree with specifying a minimum number of datasets that should be used to determine someone’s existence. As the hon. Member for Hazel Grove pointed out, there is the potential for one or two robust and well-tested datasets to provide sufficient assurance. In those cases, it would be unnecessary and inefficient to require an ERO to consider further datasets, so I ask the hon. Member for Hamble Valley to withdraw his amendment.
Clause 18 is similar to clause 17, but focuses on a new process of direct alteration. It aims to improve the accuracy of our electoral registers in the simplest and easiest way possible for the voter. It will create a new process of alteration without application, also known as direct alteration. It creates a new duty for EROs to update people’s name or address details in their electoral register, where data shows that those have changed. Just like with direct registration, those whose details are directly altered will be informed through a notice that that is happening, and they will have the right to object during the response period.
The clause, alongside regulations made under clause 36 on data sharing, will enable EROs to use new data sources to identify people whose registration details are incorrect and update their entries without those people having to submit an application of alteration. That will help the accuracy and integrity of the register, and will make things easier for EROs, who might otherwise contact voters at the wrong addresses or using the wrong names. It will also help to prevent people from missing out on their right to vote, by ensuring that the right details are recorded for them.
As mentioned previously, there will be an exemption for those who inform their ERO within the set response period that they do not wish their entry to be altered in that way. There are other exemptions, including for those who tell their ERO during the response period that they wish to be registered with an anonymous entry, a declaration of local connection, a service declaration or an overseas elector’s declaration. Instead, those people will be able to independently submit a relevant application.
We are not removing the ability of individuals to contact their ERO to update their own details. Clause 18 will create a new, modern process that will be tested and iterated over time. It will allow EROs to use data in a common-sense way to improve the accuracy of the electoral register.
Clause 19 introduces schedule 2 and makes further provision in connection with clauses 17 and 18 for registration without an application and for the alteration of certain registers without an application. Schedule 2 makes a number of amendments to the Representation of the People Act 1983 and the Representation of the People Act 1985 to allow for direct registration and alteration, and to build safeguards into the process.
I draw the Committee’s attention, in particular, to paragraphs 16 to 19 of schedule 2, which aim to ensure that if a person is an overseas elector or is applying to be one, a registration without application is disregarded if they did not ask for it to be made and they are still eligible to be an overseas elector. The clause aims to reduce the risk of a new entry being created without an application, which could then invalidate the registration or declaration of an overseas elector. That is needed to ensure that overseas electors do not inadvertently lose their right to their status as an overseas elector—for example, in the unlikely event that an ERO directly registers that person at an address at which they are not resident, and they miss the registration notice while they are overseas. We think the risk of that happening incorrectly is low, but we want to include safeguards in case it happens.
Amendment 27 proposes that direct registration and alteration duties for EROs—meaning registering someone or altering their registration details without that person submitting an application—and other, related provisions should not commence until after the Secretary of State has published an independent review. That review would look into the steps needed to avoid non-qualifying EU or Commonwealth citizens being directly registered. The amendment involves inserting a requirement for a review into clause 80, the Bill’s commencement clause.
The Minister is addressing the pilots and how they will be learned from. My hon. Friend the Member for Broxbourne set out some broad concerns about the risks to the integrity of the ballot of taking an inconsistent approach, whereby different groups of electors may be targeted for auto-enrolment in different local areas, such that we end up with inconsistency.
Another risk is around identity theft and fraud. For many people, a place on the electoral register is the start of obtaining credit or sometimes of applying for a job or benefits. I am very conscious, as I am sure we will all be from our constituency case work, that getting behind those kinds of fraud and identity theft can be extremely expensive and difficult. For example, a person may apply to go on the electoral register at someone else’s property without your permission. That person may not be genuine or even exist, but under this system, unless a response comes back saying that they do not wish to be added to the register, they will automatically be put on it. That opens a new avenue for fraudsters, and particularly identity thieves.
For the benefit of the Committee, will the Minister therefore set out what consultations there have been with colleagues across Government about evaluating the risk of identity theft that this provision creates for our constituents?
I simply suggest that the piloting, with the work of the EROs and the access to the datasets that establish the right and the eligibility to vote, are testing precisely the point the hon. Gentleman is making about avoiding election fraud. That is the purpose of the pilots.
It is not so much about election fraud off the back of this; it is more about somebody getting themselves on the electoral register and applying for a credit facility. One thing the credit provider will check is whether they are on the electoral roll. That person may not exist at all, but because of auto-enrolment they are now on the electoral register, as a result of which they obtain credit. That opens up the risk of fake registrations, which we already hear about from trading standards. It would be helpful to understand what consideration the Government have given to that risk, particularly given the impact it has on vulnerable households among our constituents.
The point that I am attempting to make is that this piloting and the move towards auto-enrolment will enable EROs to test, based on a variety of different datasets, that the application is accurate, legitimate and not spurious or in any way fraudulent. While I note the hon. Gentleman’s point, these things are being done to avoid the scenario he has just described.
EROs will continue to exercise their knowledge and judgment to assess eligibility before they send someone a notice that they will be registered to vote. Before a person is automatically enrolled, they will be written to, but the ERO will have tested, through a variety of different datasets, whether that application is legitimate. We will test that robustly and fairly and with the guidance of partners such as the Electoral Commission.
I hope the Minister will forgive me—it is quite possible, indeed likely, that this is my ignorance—but she outlined the datasets the EROs will analyse. Will she clarify whether those will be the same datasets in each geographical area? If not, does that not risk creating a different set of parameters and methods for who would and would not be added to the register, which cannot be analysed at the end of the pilot? Does that make sense?
Regrettably, the hon. Member may have to explain that to me again in a different way.
That is no reflection on the Minister; I do not think I explained it particularly well. The Minister outlined that the ERO will assess datasets to ascertain whether to add somebody to the electoral roll automatically. In the context of the pilots, would those datasets be the same types—the same original information sources—or could they vary, depending on who the ERO is and which geographical location they are in when adding someone to the electoral roll?
The legislation takes forward the principle of piloting. The detail of those pilots will come through in secondary legislation. I will provide more clarity, if I can, for the hon. Member, but the principle of piloting is what we are talking about.
I am genuinely not trying to be difficult, because the concern I have is genuine; otherwise, I would be intentionally misleading the House, which I am not, I would not and I do not. The reason I asked the question is that we are about to take a significant step towards automatic registration. We have a disagreement, but that is what the Government are going to end up doing. It is therefore important that the data presents a secure and reliable way of putting people on the register. The reason I ask whether there will be different datasets or sources is that we cannot properly analyse the pilots if people are using different datasets.
How can the Minister be satisfied by saying that the principle of pilots must go ahead, but that the Government will unveil the detail in secondary legislation? We have seen this with this Government before, so it is not personal to the Minister, but that is a terrible way to draft legislation. The Minister and the Government are asking the Committee to make a significant change to the electoral registration system in this country, but they cannot tell us—we are straying into the next group, so I will reserve my comments for that—what the basic parameters will look like. How is that good public policymaking?
To offer some comfort to the hon. Gentleman, as set out in the Government’s policy paper, “A blueprint for modern digital government”, “technology presents us with” the opportunity to
“improve the way that government delivers for the public”.
Our ambition is to transform our electoral registration system, harnessing existing data from across Government to move to an automated system. We are working closely with the Information Commissioner’s Office to ensure that appropriate safeguards are put in place. We are working with the Department for Work and Pensions and His Majesty’s Revenue and Customs to assess whether the combined dataset that is already used to check registration applications and support the annual review of electoral registers could also help identify people who may not be registered. We are also working with the Home Office to explore whether its data could help to indicate whether people who are identified as eligible, but who are unregistered, appear to meet the nationality and immigration status requirements to vote. I hope that provides some comfort and clarity to the hon. Member. I respectfully ask him to withdraw his amendment and commend clauses 17 to 19 and schedule 2 to the Committee.
After the Minister’s winding up, I think it is even more necessary to push amendments 26 and 27 to a vote—particularly amendment 26, which concerns data checks. The Government are proposing a major change without the detail necessary to inform our decision on whether it should happen and with a lack of detail on the system to be proposed. They also cannot comment on what the datasets are or whether they could be different in different geographical locations. For all those reasons, I feel that I have to push both amendments to a vote.
Does my hon. Friend agree that ensuring full transparency and integrity following any changes is even more important at the moment, given that the integrity of our electoral system is being called into question, including by some parties represented in the House of Commons that say that we cannot rely on the fairness and integrity of elections under the existing rules? Does he agree that the avoidance of future challenge and dissonance relies on this Committee’s being clear what the changes we are being asked to vote on mean in practice? If we cannot be clear with the voters about what this means for them, we should not be doing it. We should be coming back later when we can be clear.
I do not think it will be a surprise to the Committee that I wholeheartedly agree. This is alien to me. Asking the Committee to vote on the principle of something without the detail and with absolutely no reassurance that the transparency and integrity of the system will be fundamentally better than it is now is bad law making and bad government.
I have to challenge the hon. Gentleman’s assertion that the integrity of the process will be challenged; that is not the Government’s intention in any way. The principle is that we will use the same Government datasets in each location, but also allow local EROs to use the local datasets that they have access to in addition to Government datasets. The principle of piloting is to test robustness and integrity—that is precisely why the pilots are so important.
The Minister said that the intention is not for these things to be challenged on the basis of integrity, but that does not provide clarity or certainty at all—it does not mean that there will not be a challenge or that it will not be successful. That is because of the lack of detail and transparency. The Committee is expected to decide on a new system without the parameters being laid out clearly and to rely on the Secretary of State to determine what automatic registration should look like through secondary legislation after a pilot. The details and the systems have not been outlined clearly to the Committee. That is why we tabled amendment 26, which would ensure that an electoral returning officer has three individual forms of check.
The Minister just outlined that EROs in different locations can access different datasets to reassure themselves that they should be putting someone on the roll. That sounds very similar to an ERO being able to check the register for three datasets, which is outlined in amendment 26. It seems to me that she has accepted the principle that EROs might need to determine the security of automatically enrolling someone through a number of datasets. Why are the Government so scared to ask for three? That would ensure the integrity and security that the Minister claims she wants and that I believe she wants. However, she is resisting amendment 26, which does exactly what she claims she wants to and adds a bit more detail on how the pilots will go forward.
I am afraid that for those reasons—a complete lack of clarity and transparency, and an expectation that the Opposition should trust the Government to come forward with the right decision in secondary legislation—we will have to press both amendments to a vote.
The Chair
With this it will be convenient to discuss the following:
Amendment 28, in clause 21, page 33, line 33, at end insert—
“(8) voter registration provision does not mean any provision which amends the franchise for UK parliamentary elections or local elections in England.”
This amendment prevents the voter registration pilots being used to amend the franchise.
Clauses 21 to 25 stand part.
Clause 20 enables the Secretary of State to make pilot regulations that test new and innovative methods of electoral registration. As part of our work to strengthen the registration system, the Government are exploring new and innovative ways of electoral registration.
By harnessing existing Government data and embracing new technology, we aim to modernise the process, making registration simpler and more accessible for citizens. However, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not merely in enclosed, controlled environments. By testing new registration methods in the real world, we will be able to ensure—to the best of our ability—that any new approaches to registration are both effective and secure. The Government are committed to strengthening our democracy and encouraging full participation by legitimate voters in our elections, and the clause forms a critical part of that work.
With the Committee’s indulgence, I will address amendment 28, notwithstanding the fact that it has not yet been spoken to. It aims to ensure that the voter registration pilots, which are provided for in the Bill, cannot be used to amend the franchise. I reassure members of the Committee that the new piloting powers, as drafted, could not be used to amend the franchise.
Clause 20 creates a new power for the Secretary of State to make regulations to pilot changes to the voter registration process, which the Bill describes as “voter registration provision”. Clause 21 defines “voter registration provision”, making clear that it is limited to registering individuals entitled, under existing franchise eligibility criteria, to be registered. It also allows for existing register entries to be amended or removed. Our intention is to make registration easier and simpler for those already eligible to register to vote; it is not to amend the eligibility criteria for entitlement to register to vote. I ask the hon. Member for Hamble Valley to withdraw his amendment, as it is unnecessary.
Clause 21 seeks to clarify what is meant in clause 20 by “voter registration provision”, in relation to pilot regulations, by providing examples of what such regulations could entail. As I have just said, before any new methods of registration are introduced in full, it is right that they are tested in real-world conditions with real people, not solely in enclosed, controlled environments. In July last year, the Government published our strategy for modern and secure elections, in which we noted that technology presents ever-expanding opportunities to improve the way in which the Government deliver for the public. Our ambition is to modernise our registration practices, harnessing data and moving towards an increasingly automated system, so that voters can be easily and simply registered to vote.
Lewis Cocking
The Minister probably knows the point I am about to make. I fully appreciate what she has just said about having to do these demos in real-world scenarios, but can she ensure that they will be conducted during elections where everybody is treated in the same way—that is, council elections—rather than at a general election, where she will create two types of elector? Can we have that reassurance?
I note the hon. Gentleman’s concerns, and I hope to address them as we go forward.
Clause 21 makes clear that piloting regulations may be used to explore this ambition further, including by testing new and innovative ways of using Government data to identify individuals and support them to register, as well as testing potential improvements to administrative processes. Our ambition is to support a modern, efficient registration system that makes participation straightforward for citizens and strengthens the foundations of our democracy. The clause plays an important role in providing the framework through which that ambition can be pursued.
Clause 22 builds on clause 21 by providing further clarity on the scope of the piloting powers set out in clause 20. It makes clear that pilots will take place in one or more areas, and that they may assess the impact of new registration methods on specific demographic groups. The clause also confirms that, in most circumstances, pilots will proceed only with the consent of the relevant electoral registration officer. It is right that those directly responsible for administering the pilot are engaged, informed and supportive of the approach being taken.
Furthermore, clause 22 allows pilot regulations, on a temporary basis, to create, suspend or disapply an offence or financial penalty where that is necessary for the effective conduct of a pilot. However, they cannot increase penalties beyond existing legal limits, nor introduce penalties or offences for individuals who fail to register or update their details. That ensures that the legal framework operates sensibly during the testing period while maintaining appropriate protections and proportionality.
Clause 22 provides breadth, flexibility and practicality to the proposed piloting framework, giving clarity to officials without imposing an overly rigid or exhaustive set of rules. In doing so, the provisions ensure that pilot schemes can be designed in a measured, proportionate and genuinely useful way, supporting the Government to realise their ambition to modernise electoral registration and make it simpler for citizens to engage with the democratic process.
I now turn to clause 23, which provides that any pilot regulations made under the new power conferred on the Secretary of State in clause 20 must be made by statutory instrument. Parliament is the proper forum for the scrutiny and oversight of such powers. Electoral registration is a matter of significant importance and sensitivity, and it is therefore right that parliamentarians have the opportunity to examine in full any proposed regulations establishing a new pilot.
Clause 23 provides that all regulations made under this piloting power will be subject to the affirmative procedure, except where the regulations do no more than extend an existing pilot for no longer than 12 months, or amend the deadline by which the Electoral Commission must publish its evaluation report—in which case the SI will be subject to the negative procedure. Requiring the affirmative procedure for the vast majority of cases reflects the long-standing convention that changes to electoral law should receive the highest level of parliamentary scrutiny. Safeguarding the security and inclusivity of our electoral registration system must remain paramount.
Clause 24 provides that the Electoral Commission will evaluate any pilots and produce a report. The Electoral Commission serves as an essential independent guardian of the integrity and transparency of our democratic processes. By upholding rigorous standards and providing impartial oversight, it helps ensure that electoral matters across the United Kingdom are conducted properly, securely and with public confidence.
By placing the Electoral Commission’s independent assessment at the heart of the evaluation of any electoral registration pilot, we ensure that Parliament, stakeholders and the public receive a clear, objective and authoritative appraisal of any pilot’s effectiveness. The clause reinforces our commitment to rigorous independent scrutiny by requiring the report to address specific issues. That includes an assessment of the extent to which a pilot has met its objectives and an evaluation of whether the changes made by the regulations represent a cost-effective means of achieving them.
Although we are ambitious about delivering a modern, more automated electoral registration system fit for the 21st century, we are equally mindful that robust processes and independent evaluation must remain integral to the testing of any new registration method. Clause 25 provides definitions for the four key terms used throughout clauses 20 to 24. This is an interpretive provision that defines key terms and is necessary for the operation of those clauses. I commend the clauses to the Committee.
It is a pleasure to see you in the Chair again, Dame Siobhain. I do not know why I said that—it is a habit. But it is always lovely to see you; it is reminiscent of the 2015 general election.
Thank you very much.
These amendments relate to the pilot schemes. I do believe that the Government have been slightly naughty in how they are trying to promote these pilots. Not once have they consulted the Political Parties Panel or reached out on a cross-party basis to consult on changes to the franchise or to electoral systems, or on the cancellation of local elections.
The Government are completely entitled to set out a scope for pilots, but the clauses lack any detail on what we should expect the pilots to look like and what they are supposed to be delivering. Where is the detail about the datasets they will use? The transparency and sense of integrity are not there. The Minister said she wanted to reassure us—[Interruption.]
The Chair
Order. I apologise for terminating the hon. Member’s contribution, but there is a Division. I suspend the Committee for 15 minutes. We will resume at 4.16 pm.
It is a pleasure to see you in the Chair again, Dame Siobhain. It was a wonderful election campaign—oh, I’ve done that bit.
The clauses deal with voter pilot schemes. As I had started to outline, we are concerned that when it comes to electoral changes, voting age changes or anything to do with the electoral system, the Government have not really been transparent. They have not worked, as previous Governments did, on a cross-party basis through interaction and meetings with the parliamentary parties panel. As with the last few clauses, they have not outlined the detail necessary to satisfy us to support the clause and rely on secondary legislation.
Although I know that the Minister is a Minister of the utmost integrity—I have always believed that, so she should take that as read—she said that we should be reassured that voter pilot schemes would not be used to amend the franchise, which is the aim of my amendment 28, but the Secretary of State said in the House, two days before he cancelled local elections, that he would not cancel local elections. He was then taken to court, and it was found that the decision was not lawful. The Minister will forgive us if we are not entirely confident in the reassurances given, when Government Ministers have given reassurances on the Floor of the House and then done something else.
My hon. Friend refers to the recent judicial review. My understanding is that, rather than losing the judicial review, the Government actually offered no defence. They conceded because they did not wish to be transparent about the decision-making process that the Secretary of State had followed. Subsequent freedom of information requests sought to get under exactly what was happening, but clearly there was correspondence that the Government did not wish to place in the public domain. They preferred to abandon their devolution plans rather than concede on that point.
Does my hon. Friend agree that that is not a great starting point for a Government who are asking us to take them on trust about pilot schemes with a complete absence of detail and no indication of who would be prioritised for auto-enrolment, what the geographical basis would be or what the decision-making process would be? It is not a good basis for asking us to take them on trust when the Government have not been willing to be transparent about elections that they were determined would go ahead, only to cancel them within literally 24 hours.
My hon. Friend is absolutely correct. As I say, this Minister is a Minister of integrity, but I find this out in opposition. I work for a shadow Secretary of State; the Minister works for the Secretary of State. On a number of occasions, the Secretary of State has been found to have said things in the Chamber that have turned out not to be the case. It is therefore not right for the Opposition to have confidence that we can rely on a reassurance from the Minister that the pilots will not be used to amend the franchise.
The wording of amendment 28 is so clear that there is no room for manoeuvre. Why does the Minister not accept the amendment and show us that her reassurance is worth the paper it is written on? The amendment would not fundamentally change the passage of the Bill or the parameters of the pilot, but it would provide reassurance that the Government will not use the pilots and whatever comes out of them for a reassessment through the Electoral Commission. We do not know the parameters of the pilots; their geography, as my hon. Friend says; who will be included in them; or the datasets that will be used. The Minister should accept the amendment and give us reassurance that the pilots will not be used to change the franchise.
The Opposition have repeatedly asked and challenged Ministers, particularly the Secretary of State when he took office, about whether local elections would go ahead. The Secretary of State then tried to stop those elections. We know why the Government did not want anybody to see the evidence or the correspondence. It was a pattern that this Government have shown before: putting their own political interests before the interests of the electoral system and before having a credible plan or a credible defence. That is why they were found out. That is why when I looked the Secretary of State in the eye and asked whether he would cancel the local elections, he said he would not—and then he did, on a Thursday morning when he would not get the scrutiny that he deserved from a full House of Commons.
On the pattern of behaviour, the Minister has set out very clearly that the Government wish to rely on the independent Electoral Commission to appraise the outcome of the pilot schemes. But what we do not know—because the Government are not willing to set it out to this Committee, which it is asking to approve the principle of the pilots—is what it will appraise those pilot projects against. We do not know at this stage what the Government seek to achieve through the pilot projects. We therefore cannot assume that the Electoral Commission is in a position to give us the genuinely independent perspective that we expect of it.
Historically, there has been much debate about whether the Electoral Commission should be given a mandate by Parliament. One useful thing about such a mandate is that it would be able to say, for example, that a criterion for appraising pilots is the use of equality impact assessments to determine the impact of the pilots on people with learning disabilities or physical disabilities, on younger voters specifically, and on younger voters with learning disabilities, who may be a subset of such voters. Without any clear sense from the Government of what the pilots will seek to achieve and how that will be implemented consistently, it is difficult for the Committee to be confident that the pilots will genuinely contribute to the integrity of the poll.
My hon. Friend is absolutely correct. Let us not forget that in very recent history the Government have completely ignored the view of the Electoral Commission anyway. When the Government said that they would not cancel local elections, and then did, and then got found out in court and did not defend the case, the Electoral Commission said repeatedly that it disagreed with the Government’s stance on the local elections because the Government had not consulted and had breached the general rule that EROs and local authorities should be given at least six months’ notice of a change of poll.
The Electoral Commission was very clear, and I think it went as far as condemning the Government’s decision, but the Government ignored it. The Minister can outline how the Electoral Commission will be consulted, but they have ignored it before and it is very likely—in fact, given the pattern of behaviour of the Secretary of State, it is almost certain—that the Government will find the answer that they want to find, regardless of what the Electoral Commission review says.
We remain sceptical. This is not personal against the Minister. I like the Minister intensely—[Hon. Members: “Ooh!”] I couldn’t think of another word. I like the Minister a lot, and I think she is a woman of integrity, but the pattern of behaviour from this Government is astounding, on consultation, on transparency and, actually, in Parliament. Ministers, who are governed by the ministerial code, have said that they will not do something and then gone ahead and done it anyway, in the cynical way that we have come to see from every Department in this Government. It is rotten from the top down.
On the pilots, the Minister has been clear that the parameters are not well established in the Bill and that she will want to come back with secondary legislation. Clause 20, “Power to pilot changes to the voter registration process”, states that the
“Secretary of State may by regulations make voter registration provision…in connection with…a register of parliamentary electors maintained under section 9 of RPA 1983”
and
“a register of local government electors”.
However, where it says that “regulations must specify”, there are certainly no parameters, and she is asking us to give the Government a blank cheque.
The Minister is asking us to approve pilots without any detail on what they may look like. She is also not saying how she will test whether those pilots are successful. When she winds up, will she outline to the Committee exactly what the parameters are for the pilots and the tests for what looks like success when they are finished?
Lewis Cocking
I wholeheartedly support my hon. Friend’s impassioned speech. Does he share my concern that the pilots may be done on the basis of council areas, but that everyone should be auto-enrolled at the same time, rather than creating two lists of electors for a general election? Does he agree that that, in itself, will undermine the next general election and undermine democracy as a whole? Does he also agree that the Government must provide more detail about these demos, rather than giving Ministers carte blanche to pick and choose who they do and do not want to enrol, with this Committee and the House having no say in the matter?
I agree entirely. As I have attempted to outline, and as I think my hon. Friend is saying, without such detail why should people trust a word that the Government say? It has been the same with other legislation, as I know from being a shadow Housing, Communities and Local Government Minister, and it is pretty clear that it comes from the top of Government.
Let us look at the detail of clauses 21 and 22. Subsections (3) and (5) of clause 21 state that it
“includes provision relating to…the identification of individuals who are not registered”—
that goes without saying—and
“the identification of changes relevant to entries in the register, and…the maintenance of registers”,
as well as
“the form of the register…the procedure to be followed in the preparation of the register…the publication of the register”,
but there is no detail. If this Government are so clear about what they want to do with automatic registration, they should set out clearly the parameters for its implementation and should have an idea of what they want from it, but I must say that everything in the Bill about what they want from the pilots is fairly generic guff.
Lewis Cocking
Does my hon. Friend therefore agree that this measure could be reintroduced during the next parliamentary Session, when we can give a lot more thought to where the demos will take place and to the detail of who will be auto-enrolled first, and we can properly scrutinise the Government? As he rightly points out, this Government have made a number of U-turns. It is very difficult to trust a word that Ministers say or to know whether they will keep their word about the Bills they bring in. Does he agree that, rather than rushing the Bill through in this Session, the Government need to go away, think again and come back with fresh ideas when they put the legislation before Parliament in the next Session?
The Government have the luxury of being able to carry over this Bill. Its Report stage will be not in this Session, but in the next. Ministers have plenty of time to do this properly and not only give it proper scrutiny and listen to this Committee, but go away and think about it. Instead of bringing in amendments in secondary legislation, they could tell us what the pilots should look like and what they want to achieve from them. So far, the Bill does not do so.
My hon. Friend is correct that we do not have to finish the Bill by the end of this Session. The Committee has to finish in this Session, but Report can be held whenever the Government want after we come back for the next Session, because there is a carry-over order. There is no need to rush to Report and get the Bill through as quickly as possible. That mechanism is in place, so the Minister has time to strengthen this part of the Bill.
It is alien to me, but unfortunately it is a testament to the attitudes of this Government—and particularly this Department, when it comes to changing key indicators in terms of voting age, but also in terms of the way that people vote—that they want us to give them a blank cheque without giving us the details that any reasonable Member of this House would require.
My hon. Friend the Member for Broxbourne made the constructive suggestion that we proceed on the basis of local authority areas for the use of the electoral roll in the local poll so that everybody who is standing or voting in the election can have confidence that they will be treated equally. Earlier in our debates, the hon. Member for Hazel Grove set out her sympathy with the proposal for the pilots, but I am sure that no Member of this House would be content to lose narrowly in an election, only to discover that in their constituency—perhaps alone in the country—there had been a programme to auto-enrol a specific cohort of voters who had not been auto-enrolled in the same way in neighbouring constituencies or in the rest of the country. That would fundamentally call into question the integrity of the poll.
I know that the Government have had serious concerns and reflections internally following the allegations made at the Gorton and Denton by-election. I do not think that most of us accept that those allegations are correct. None the less, the level of doubt that has been cast on elements of the process is of concern to Members across the House. The Government should be in listening mode. They should listen to my hon. Friend the Member for Broxbourne and should seek to do this properly, so that all voters and candidates in elections can have confidence that they will be treated equally and consistently across the country.
I apologise to my hon. Friend the Member for Broxbourne for not responding to his very reasonable suggestion. If the Minister were to say that she wanted to base pilots across the country on a local authority area, I am sure that many local authorities would jump at the chance to be at the front of delivering it and would work with her to do so. However, it potentially calls into question the integrity of the polls when that is based on a certain characteristic, or on an area that does not necessarily cover the whole area in which people are entitled to vote.
There is a cross-boundary issue with general elections and local elections; my constituency has three local areas with three different EROs within its boundaries. The way in which the automatic registration pilots will go ahead is just not universal. I will therefore insist on pressing amendment 28 to a Division. We will also divide the Committee on clauses 20 to 25.
Zöe Franklin (Guildford) (LD)
It is an honour to serve under your chairmanship, Dame Siobhain. As my hon. Friend the Member for Hazel Grove set out clearly, we Liberal Democrats support the Government on automatic voter registration. I have just one question for the Minister: can she confirm which datasets the Government plan to use when piloting AVR?
The Government’s proposal is to introduce a broad power for the Secretary of State to make regulations on pilots testing new, innovative methods of electoral registration. We want to modernise electoral registration to make it simpler for people to engage in a genuinely useful, measured and proportionate way.
The pilot design is in the developmental stage, and we have not decided where pilots will be conducted, but it is essential that Members note that for a pilot to go ahead, secondary legislation will be required. That will mean that Parliament always has the opportunity to scrutinise a proposal in detail, including on the use of datasets, which the hon. Member for Guildford mentioned. We are clear that any permanent changes to the registration process will be grounded in robust evidence and informed by thorough user research. I am confident that they will also be extremely well evaluated by the Electoral Commission.
Question put, That the clause stand part of the Bill.
The existing canvass regime in Northern Ireland is unfit for purpose. The current system requires the register to be recreated from scratch every 10 years and specifies that electors must re-register as part of the canvass to remain on the register. Electors who do not respond to canvass are removed from the register even if the chief electoral officer for Northern Ireland holds data to confirm that they are eligible. That means there is a risk that a significant number of eligible electors are lost from the register, impacting its integrity and accuracy. The Government are legislating to address those challenges and to reform and modernise the Northern Ireland canvass.
The aim of this reform is to move towards a more regular and lighter-touch canvass system. Crucially, it will also avoid the arbitrary removal of eligible voters and improve the accuracy of the Northern Ireland register. Reform of the Northern Ireland canvass is supported by the Electoral Commission and the chief electoral officer for Northern Ireland, with whom we are working closely on the new system.
Can the Minister outline what political engagement she has had with the Northern Ireland Executive on what they make of these proposals, and whether she has had written communications from them on that?
I will write to the hon. Gentleman on those points at a later date, if I may. However, the First Minister and officers attended one of our evidence sessions, and I have engaged with colleagues who attended drop-ins as a result of this legislation coming forward.
If the Bill passes, will it require a legislative consent motion?
I will hopefully come to that point, but it will not.
The details of the new canvass system will be set out in regulations following consultation with the chief electoral officer for Northern Ireland and the Electoral Commission, and will be subject to piloting. This change will support increased participation in elections in Northern Ireland and bring the Northern Ireland canvass system into closer alignment with Great Britain.
Clause 27 is a consequence of clause 26. Before making any regulations under clause 26, the Secretary of State is required to consult the Electoral Commission. Where the commission has been consulted, clause 27 places a duty on it to prepare a report about a proposal to make regulations under clause 26, which is the new power to amend the canvass.
Reform of the Northern Ireland canvass is supported by the Electoral Commission, and officials will work closely with the commission on it. It is important that the commission has an opportunity to consider the details of the new canvass system to ensure that the proposed changes are effective and robust before they are implemented. The provision mirrors the role that the Electoral Commission had when the canvass system was reformed in Great Britain.
Clause 28 is also a consequence of clause 26. The Government are legislating to address current challenges and to reform and modernise the Northern Ireland canvass. The aim of this reform is to move toward a more regular and lighter-touch canvass system. However, these are technical and complex changes, and it is important that we get them right, so it is proper that the new canvass system will be subject to successful piloting. We will work closely with the chief electoral officer for Northern Ireland on the design of any pilots. I commend clause 28 to the Committee.
I thank the Minister for outlining clauses 26 to 29. I believe that all parties represented on the Committee agree with devolution. The Minister outlined that there has been consultation with the chief electoral officer and officials in Northern Ireland, but given that we are entering a period of devolution, and of Governments, Cabinets, First Ministers and Members of Parliament across this great United Kingdom, I am slightly concerned that we have not had any detail about which relevant Cabinet Minister in Northern Ireland has been consulted on these proposals—not only in relation to the reports from the Electoral Commission that will be required, but on the Government’s proposed pilot in Northern Ireland. We have not heard what the democratically elected Executive, local Members of Parliament or local authorities in Northern Ireland think of that, and that concerns me.
I hope that the Minister might outline, perhaps with the help of her excellent officials, whether the political leads in Northern Ireland have come back with their views on the proposals. It is okay for officials to do so, but officials advise and Ministers decide—that is my old mantra. It is one thing for the chief electoral officer, with whom I have no issue whatsoever—he is doing an admirable job—to say that he is okay with the proposals, but I would have thought that the UK Government should have the consent of the Executive. It concerns me that we have not had such an assurance from the Minister today.
Although we do not have a representative from Northern Ireland on the Committee, we have had a number of debates in which a variety of these issues have been raised, and we took evidence on them specifically. The electoral system, registration system and arrangements for elections have been different in Northern Ireland for some time anyway, and that reflects part of the fairly complex political history of that part of our United Kingdom. One of the commonalities that we have with Ireland is the ability of people there to cast their vote in general elections in the United Kingdom and vice versa.
Will the Minister set out—perhaps my hon. Friend agrees with me that we need a bit more detail on this—what conversations have happened not just with the Northern Ireland Executive but with the Government of Ireland? A number of provisions mean that the Province, in which people will have the ability to vote as a United Kingdom voter and also, potentially, in Ireland, especially if they are dual electors, will have different electoral rules. It is particularly important that that is fully considered, especially before pilots, which might make further changes, are implemented without the element of local consent.
My hon. Friend raises a good point that I had not thought of, as is normally the case. I am concerned that the political leadership have not given their sign-off or their thoughts, and that this Committee should be given the views of the Northern Ireland Administration. Having briefly served as a shadow Northern Ireland Minister, I understand the differences and the unique nature of the politics of Northern Ireland, and he is right to say that people who live in Northern Ireland could be eligible to vote in a number of elections in different countries. When it comes to the Province, it is therefore important that we get clarity on how the pilot, and the lack of information about it, might affect the different rules in different countries.
We remain concerned. As with the last group of amendments and clauses, there is no detail on what the pilots might look like, particularly under clause 28. In her last winding-up speech, the Minister stated that the Government are designing the pilots and are looking at how to make them the best they can be, but a Government propose things, and they should know what they want a pilot to look like in order to get the policy outcome before they come to this House and expect us to approve legislation. I say gently to the Minister that if the Government have a policy they want to achieve, they should have some idea about how they will get there and what a pilot might look like.
Clause 28, on the power to pilot proposals under clause 26, does not really contain any detail as to what such pilots might look like. Under clause 29,
“If pilot regulations are made, the Electoral Commission must…prepare a report on the pilot regulations, and…before the date specified under section 28(4), give a copy of the report to the Secretary of State and to the Chief Electoral Officer for Northern Ireland.”
In none of the proposals in the Bill is the First Minister of Northern Ireland, or the relevant Cabinet Minister in the Executive, included in any reporting mechanisms; it is only the Secretary of State and the chief electoral officer. If we want to harness great cross-border relations, it is very important that the democratically elected devolved Government have some kind of say, even if it is after the fact and about whether they think it was a success.
We have a number of concerns about the holes in these clauses, and we look to see what reassurances the Minister can give us before we decide whether to press them to a Division.
To reassure Members, we have worked very closely with the Northern Ireland Office, as well as other devolved Governments, in the development of the Bill. Elections in Northern Ireland are an entirely reserved matter for the UK Government. Notwithstanding that, colleagues from all parties across Parliament were invited to come to drop-in sessions. A number of Northern Ireland colleagues did, and I also met the leadership of those parties that wished to meet me as we developed the legislation.
I beg your indulgence, Dame Siobhain, and that of the Committee: I should have spoken to clause 29 at the same time that I addressed the other clauses in the group. Clause 29 is a consequence of clause 28, which provides for the piloting power in relation to amending the Northern Ireland canvass by regulations. As I noted earlier, it is proper that the new canvass system is subject to successful piloting. It is also important that the Electoral Commission has an opportunity to consider any canvass pilots and report on their effectiveness and robustness before they are implemented. The hon. Member for Hamble Valley and I will have to agree to disagree about the role of piloting. In my view, it is the way that we iteratively and robustly test ways in which a policy can be delivered. When we get to secondary legislation, the specifics of the piloting powers will be set out, and Parliament will have the opportunity to scrutinise those powers.
How can a policy be tested robustly if the Government have not outlined the policy position or what they want to get out of a pilot, and we do not know how robustly that is going to be tested, because the details of the pilots are not outlined in primary legislation and would come only through secondary legislation?
We could go over and over this point. The Government have set out, in some detail, their objectives for the electoral system. In the case of the Northern Ireland canvass, we have set out the principles, we want to test them, we are taking the powers to test them, and we will come back to Parliament with specifics of those pilots so that they can be scrutinised as profoundly and deeply as Members choose to scrutinise them.
Question put, That the clause stand part of the Bill.
Dr Chowns
On a point of order, Dame Siobhain. As I am a relative newbie in this House, could you clarify why it is permitted for a request to be made to vote individually on a range of grouped clauses, when everybody is voting exactly the same way on them, such that we have had five separate votes, all of which have gone the same way, and we are about to have four more? Is it possible to stop the waste of time?
The Chair
As Chair, I am completely in the hands of the Committee. Amendments and clauses are grouped to reduce the time taken—it is an administrative thing—but if anybody on the Committee wishes a vote to be taken separately, they are perfectly entitled to request that. I can give no better reason than that.
Further to that point of order, Dame Siobhain. I think it should be entirely out of order for an hon. Member to make a point of order and say that I am time-wasting. I am taking my responsibilities as shadow Minister very seriously by calling for Divisions, as is the democratic right of any Member of this House, in order to allow our constituents to see how we voted on the clauses in this very important Bill. Can you advise me whether saying that someone is time-wasting is in order in this Committee?
The Chair
I do not think the hon. Lady meant it in that way. She wanted clarification of the procedure, and I have given it. Everybody on the Committee completely accepts that you are entitled to request separate decisions.
Further to that point of order, Dame Siobhain. The hon. Member for North Herefordshire said the words, from a sedentary position, “It is time-wasting.”
The Chair
I say to all Committee members: if you want to ask a question, please ask it. There is no issue with that, and we will attempt to accommodate all Members in order to get the best possible discussion and the best possible process. I think Members may be getting tired.
Clause 28
Power to pilot proposals under section 26
Question put, That the clause stand part of the Bill.